Weapon Rights Remain for AfD Members: North Rhine-Westphalia Court Ruling
Decision in Court: No Nationwide Arms Prohibition for AfD Party Members - Restriction on Firearms for AfD Members Not Universally Implemented by Court Decision
The Higher Administrative Court in Münster, Germany, has decided that authorities cannot prohibit AfD members from owning weapons solely due to their party affiliation. This decision overturns previous rulings that had done so.
Judges in NRW had been blocking AfD members solely due to their membership from owning weapons for activities such as hunting, sport shooting, or weapon collection. But now, these decisions are no longer valid.
Though the ruling might not hold significant weight fundamentally, as it was made just before the Federal Office for the Protection of the Constitution classified the AfD federal party as a confirmed right-wing extremist.
The Authorities Want 197 Weapons Gone
The court dealt with three cases, including an AfD official who had run for the party in elections. The authorities had banned this collector and sport shooter from owning his 197 weapons two years ago due to his AfD membership. The affected individual appealed, but the Administrative Court of Düsseldorf initially supported the authorities' decision.
However, the 20th Senate shifted its stance: membership in the AfD alone is not a reason to deny a sport shooter or hunter the right to weapon ownership. The AfD's previous classification as an extremist suspect by the constitutional protection is not conclusive evidence that the party pursues unconstitutional activities. This would be a prerequisite for classifying all members as unreliable in terms of weapons law and generally banning them from owning weapons.
The decision is not yet legally binding, and an appeal or non-admission complaint is possible. Germany's legal framework allows challenges to such decisions in court. The AfD can contest the extremist designation in regional administrative courts, including the Higher Administrative Court in Münster. The party would have to prove that the Federal Office for the Protection of the Constitution's findings are insufficient or inaccurate.
Under German law, a ban on weapon ownership solely based on party affiliation is not possible without an extremist designation or other compelling reasons. Any decision to limit weapon ownership must be grounded in specific legal criteria and subject to judicial review.
- The Higher Administrative Court in Münster confirmed that authorities cannot prohibit AfD members from owning weapons solely based on their party affiliation, overturning previous rulings.
- Judges in North Rhine-Westphalia had been blocking AfD members from owning weapons for activities like hunting, sport shooting, or weapon collection, but those decisions are no longer valid.
- Despite the ruling, the ruling might not hold significant weight fundamentally, as it was made just before the Federal Office for the Protection of the Constitution classified the AfD federal party as a confirmed right-wing extremist.
- The court dealt with three cases, including an AfD official who had run for the party in elections, and the decision is not yet legally binding, with the possibility of an appeal or non-admission complaint.
- Under German law, a ban on weapon ownership solely based on party affiliation is not possible without an extremist designation or other compelling reasons, and any decision to limit weapon ownership must be grounded in specific legal criteria and subject to judicial review.
