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Legal information

Behaviour, uniforms and the law

However, critical citizens and "radical" opinions are no reason for the protection of the constitution agencies to become active. In the Federal Republic of Germany, criticism is not frowned upon but desirable. And as long as the basic principles of the constitution are being adhered to, even radical opinions are legitimate. What is of decisive importance is the basic conviction of the citizens who are willing to actively promote democracy and human dignity.
You can read more about their work on the BfV website.

According to § 3 VersG (Versammlungsgesetz, congregation law), groups wearing military uniforms, or appearing to be uniformly dressed at demonstrations are liable to prosecution (Uniformierungsverbot). Technically, even individuals who wear a military uniform in public fall under this law. In reality, wearing a military uniform will not necessarily get you arrested. It is the intend that counts. Wearing a military uniform and spreading political propaganda will get you arrested. Technically, wearing a 1940s British uniform and shouting 'Sieg Heil' will have you prosecuted - not for wearing a uniform, but for the parole. The wearing of uniforms, parts of uniforms or uniform clothes of individuals or groups in public or in meetings only becomes legally relevant, when a (common) political motivation is displayed by the individual (or the group). Tradition, exercise, permissible pursuing of an intended purpose are exempt from § 3 VersG. E.g. Mardi Gras groups, bands on Schützenfeste (shooting fairs) are exempt. Public reenactment events might fall into this category as well.

All reenactors displaying German WWII troops are recommended to cover the following symbols, which are in accordance with paragraph 86 and 86a of the criminal code (Strafgesetzbuch, StGB) liable to prosecution when worn or displayed in public. Hakenkreuze (in all forms), sig rune(s), death's head. Divisional symbols like the rounded swastika of the '5th SS-Panzerdivision Wiking' and the '11th SS-Division Nordland 1' are a definite no-no. The wolfsangel of the '35th SS-Division Landstorm Nederland', symbols like the celtic cross and the odal rune are conditionally actionable, meaning the context, in which they are displayed, is decisive. The divisional symbol of the '27th SS-Freiwilligen-Grenadier-Division Langemarck' is classed as a 'display without NS-ideology' (as decided by the Staatsanwaltschaft München in 1997).

Buying books, movies, etc.:
Basically anything that has forbidden text or symbols ON it, is illegal to buy or sell. Possession is allowed, but only if it is not displayed openly in your home. Books with illustrations of forbidden text or symbols can be sold and bought legally, as long as they so featuring any of those symbols on the front or back cover. 'Mein Kampf' is technically legal to buy or own. Selling it could get you prosecuted under incitement of the people. A portrait of Adolf Hitler is illegal to sell, buy or own. Videos of propaganda movies are indexed and illegal to buy, sell or own. Some songs (sometimes only lyrics, sometimes lyrics and tune) are indexed as well - e.g. the 'Horst Wessel Lied' (both lyrics and text), 'Es zittern die morschen Knochen', 'Volk ans Gewehr', Lied der Hitlerjugend. they are illegal to buy, own, or play, as they, fall under §§ 86 and 86a (loosely summed up as spreading of propaganda).
§§ 86 and 86a do not apply to e.g. schools, where forbidden insignia, pictures, videos, music can be used for educational purposes.

Firearms laws

What is considered a weapon, is defined in the German Waffengesetz. Principally, all firearms and weapons to stab, blow and hit come under the German Waffengesetz. For reenactors, this would e.g. be bayonets, rifles and hand guns. Furthermore, all MPs (e.g. Sten, MP38/40, Thompson), water-cooled MGs (e.g. Vickers) and automatic rifles (e.g. MP44) which were introduced in to a military army before the 2. September 1945 come under the Waffengesetz. So it does not matter whether a PPSha is built in 1951 or 1943, because it was introduced into an army before this date.

Automatic rifles, MPs and MGs are illegal. Semi-automatic rifles and MPs, bolt-action rifles, hand-guns are legal with the necessary permits.

Automatic and semi-automatic rifles and MPs, which have been introduced into an army after the 2. September 1945, and all air-cooled MGs (!) come under the Kriegswaffenkontrollgesetz (Law for the Control of Military Arms) live firearms coming under this law, are illegal to own, buy and sell or transport.

Carrying firearms (live, deactivated, replicas) at a public event such as an reenactment event is technically allowed (WaffG § 39 (6)), because reenactors are actors and play a part in a show, and they are carrying their firearms at events where it is traditional to do so (§ 16 WaffG (2)). With the organizer's permit, deactivated firearms and replicas should be ok, live firers can be carried if the organizer has a permit.

Live Firers

Special permission from authorities for WBK holders carrying a rifle (even ready to fire) are not needed, 1) if you are on your own ground or on someone else's ground who gave you permission to do so and 2) travelling to and from rifle ranges for target shooting.

Travelling from a EU member state through Germany to another EU or non-EU state requires a German travel licence. If travelling to a non-EU state, check this state's regulations on firearms. Travelling from a non-EU state through Germany to another non-EU state requires a German travel licence. Travelling from a non-EU state through Germany to a EU state requires a German travel licence, which is only granted "upon presentation of the destination state's licence, should it require one".

Make sure you have all the necessary documents BEFORE you enter Germany. Call the German Embassies in your country and the German customs (Zoll).

Rules on transporting firearms:

WBK holders may only transport their firearms to and from a shooting event, to have it repaired, or to buy and sell. Firearms must be transported safely, i.e. the firearm must never be easily accessible nor ready to fire. The firearm and the ammunition must be each in a special locked case. Transporting a firearm in the glove compartment counts as carrying a firearm and liable to prosecution.

If you want to buy a firearm in Germany, you will need to have a German WBK, so firearms are best bought via a firearms dealer.

Deactivated firearms

Check with the German customs (Zoll), if you intend to bring a firearm that has been deactivated to another country's standards if you can bring it into Germany.

Carrying deactivated weapons is a grey zone in Germany. In general, if the local authorities are informed prior to a public event, prosecution for offending members of the public should not be possible.

Airsoft

Replicas

Knives and Bayonets

Knives, that do not fall under the Waffengesetz, can be bought, sold, owned and carried anywhere (apart from airplanes, etc.). The Waffengesetz (§ 1 (2,2,b)) defines, which knives are considered a weapon. Not all knives that are classed as a weapon, are illegal. All knives classed as a legal weapon, can only be owned, bought and sold by people over 18.

Knives classed as illegal weapons are:
butterflies, gravity knives, most flick-knives, fist-knives, knives hidden in pens or walking sticks.

Knives classed as legal weapons can be carried in public, but NOT at public amusement events such as all sorts of fairs, sports events, exhibitions, cinema, markets, etc. How and where you carry these weapons does not matter. Keeping them at home, you have to make sure, that no one can get to them easily.

Bayonets are classed as a legal weapon. You have to be over 18 and cannot carry it at any public amusement events. If you have airborne/Fallschirmjäger knives with flick or gravity blades: they are both illegal, so do not bring them.

Road rules

In Germany, people drive on the RIGHT side!
Speed limits are:
If not stated otherwise, the speedlimit in cities and towns is 50 km/h. Outside towns, if not stated otherwise, it is 100 km/h. On two lane highways, it is 130 km/h. There is no speed limit on the Autobahn per se. That means, in the absence of speed limits, you can go as fast as you think safe. However, the recommended speed is 130 km/h.

Drivers from other countries are required to bring their driving licence (if not in German language, an international driving licence is necessary), their vehicle registration documents (if travelling in a car) and at least third party insurance. To rent a car, you will need to present your driving licence and a proof of ID. You need to be older than 21. If your vehicle is registered and insured in any EU country, there should not be any problems. If you want to transport your tank in Germany, it has to be demilitarized, i.e. the guns have to be dismounted and the armour pierced or cut in such a way that it no longer servers its intended purpose. Rubber tracks on roads are compulsory. As long as you are on an enclosed area, no vehicle registration/insurance is needed.

Seatbelts must be worn by all passengers at all times. The use of mobile phones while driving is prohibited. The legal blood alcohol limit is 0.5 per mill. If you are involved in an accident or are stopped because you drive insecurely, it is 0.3 pro mill. It is best not to drink and drive in Germany. When travelling in Germany in winter, bring snow chains. You are advised to have winter tyres as well! All drivers and passengers on motorcycles are required to wear helmets. Motorcycles have to drive with their headlights on at all times. First aid kit and warning triangle are compulsory. Your vehicle has to comply to the road safety standards, i.e. mirrors, indicators, lights, horn... all have to work.

Fuel is readily available all over Germany although there are some places, where petrol stations are rare. Travelling on Autobahnen, petrol stations are signposted. You will only find unleaded petrol (unverbleites Benzin). Unleaded petrol with 91-92 octanes is 'Normalbenzin'; unleaded petrol with 95-96 octane is 'Super'; unleaded petrol with 98-100 octane is called 'Super Plus'. Diesel is less expensive in Germany than in the UK. Biodiesel (plant oil) can be found at most major petrol stations. Some fuel stations sell hydrogen and natural gas.

Compared to the UK, there are a lot more signs for drivers. In general, right of way in Germany is regulated by signs, not markings on the road, as in the UK. Make sure you know what they mean. Have a look at the rules of the road section in Brian's Guide to getting around Germany. He has got all the important signs summed up and explained.

More information about driving in Germany can be found here:

Anecdotes

As always, when you're in a foreign country for a reenactment, listen to the natives and follow their advice. And do not draw unnecessary attention to yourself and follow common sense.

   © 2007 by bee •  mailto: webmaster(at)ww2reenactment.info