Court validates weapon prohibition for affiliate of extremist political party - Court upholds weapons prohibition for individual affiliated with extreme-right political group
Article:
A member of the far-right party "The Homeland," formerly known as the NPD, has had his gun ownership rights revoked by the Brunswick Administrative Court. The court's decision follows an order issued by the city in February that banned the individual from handling both licensed and unlicensed firearms and ammunition.
The plaintiff, a former deputy federal leader of "The Homeland," sells firearms and survival gear through an online store, and shares instructional and promotional videos on social media. The court's ruling was based on a report from the Thuringian Office for the Protection of the Constitution, which classified the individual as a "long-standing, well-known right-wing extremist at the national level."
"The Homeland" was deemed unconstitutional by the Federal Constitutional Court in 2017, resulting in a six-year ban on state party funding. The current ban on the member's gun ownership is a consequence of membership in a party deemed unconstitutional.
Germany's licensing regulations under the Weapons Act serve as the primary legal basis for such prohibitions. The law requires that individuals be considered "reliable" to obtain or keep a firearm license. Membership in anti-constitutional organizations can be grounds for revoking a license.
While the Alternative for Germany (AfD) party has not been directly targeted in this case, recent classifications by the Federal Office for the Protection of the Constitution have significant implications. The BfV's designation of the AfD as a "proven right-wing extremist group" provides legal grounds for stricter scrutiny and potential revocation of firearm licenses under existing regulations.
The Brunswick Administrative Court decision underscores the power of the Weapons Act and the BfV's classifications. As the court relied on these provisions, similar legal logic would apply in cases involving AfD membership or links to anti-constitutional groups.
- Administrative Court, Brunswick
- "The Homeland"
- Federal Constitutional Court
- Weapons Act
- Gun Ban
[Additional Background: The revocation of gun licenses based on associations with anti-constitutional groups has been upheld by courts, relying on the principle that such associations can indicate a risk to public safety.]
- The revocation of his gun ownership rights by the Administrative Court in Brunswick is a reminder of the legal consequences for individuals associated with anti-constitutional organizations, as established by the Federal Constitutional Court and the Weapons Act, particularly in the context of far-right parties like "The Homeland".
- As the AfD party has been classified as a "proven right-wing extremist group" by the Federal Office for the Protection of the Constitution, there is growing concern about the potential implications for members and their gun ownership rights under existing regulations, much like the individual from "The Homeland" who had his license revoked due to his extremist affiliations.
