29. November 2018 60
The Federal administrative court has yesterday dismissed the case of a hunter because of a weapons permit for a silencer.
At the time of sentencing the judge said that hunters have no weapons legal need for a silencer. The exact reasoning for the decision is not yet available.
The German hunting Association (DJV) criticized that the judgment of the existing patchwork of regulatory approval of silencers will be consolidated. Should first wait for the written statement of the grounds and be analyzed, said DJV President Hartwig Fischer.
The DJV is in favour of silencers nationwide are allowed for hunters (photo: Hans Jörg Nagel)
Regardless of the DJV is in favour of silencers nationwide are approved for the hunter. The legislature should eliminate the legal uncertainty and make it clear that the use of silencers is useful, and every hunter should be allowed, said the fisherman.
The statement of the administrative court of Berlin that there are equivalent Alternatives to the muffler, had to take over the Federal administrative court for formal reasons. The DJV sees it differently – as before several administrative tribunals: hearing protection is not an equivalent Alternative, he may change to listen to the direction, and a silencer reduces the recoil of the weapon.
It is also a widespread misconception that with the silencer for a silent shot. Only the tip of the Mündungsknalls will be taken away and from about 150 to 130 decibels reduced is louder than a starting Jet engine at 100m distance or a jackhammer at one Meter distance. Nevertheless, this reduction means that the risk of hearing damage is reduced for the hunter. From work protection reasons, it is staff, therefore, Forestry and professional hunters are also in Berlin for a silencer permit.
For the sake of poaching, prevention of the DJV sees no need for a silencer ban. Also the Federal criminal police office denied in a statement from the year 2013, the offence the relevance of silencers for long firearms. The basement of pop remains to be heard clearly and over 140 decibels, but far enough away from the hearing of the shooter is located.
Several States have approved in recent years, the use of silencers by hunters and some administrative courts have even affirmed a claim of hunters to grant a permit. Finally, the hunt was repealed legal silencer ban in lower Saxony. Given this tendency, DJV-President Fischer criticized: “I would rather that the countries have gradually adapted to the practice continues to be appropriate as a judgement of the Federal administrative court is now the Federal legislator in a tight spot. The aggravated legal uncertainty could have been avoided.“
The judgment of the Federal administrative court of 28.11.2018, Az. BVerwG 6 C 4.18