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The legal situation in Germany

The legal situation in Germany

The legal situation naturally plays a crucial role when purchasing a knife. Generally, all items we sell within Germany are legal under German weapons law. Only the purchase of switchblades now requires certain legal prerequisites for their legitimate acquisition. Buying, selling, and possessing all knives we distribute here is definitely legal. However, carrying fixed-blade knives with a blade length exceeding 12 centimeters, striking and thrusting weapons, as well as knives that can be locked with one hand, is regulated by the weapons law. Transporting these items in a locked container is considered a permissible form of carrying.

Stay up to date - Our lawyer on current gun law

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    In this video, Thomas, together with our criminal and firearms lawyer, Michael Winkler, speaks in detail about Section 42a of the German Weapons Act and its implications for carrying and possessing knives in Germany. For years, the law has caused uncertainty and heated discussions, not only among knife enthusiasts and collectors but among anyone who carries a knife or tool in everyday life – be it for professional reasons, outdoor sports, in the car, or simply as a matter of course.

Paragraph § 42a of the Weapons Act

Within the Weapons Act, paragraph § 42a explains the prohibition of carrying imitation weapons and certain portable objects in Germany:

1. It is forbidden

  1. imitation firearms,
  2. Bladed and thrusting weapons according to Annex 1 Section 1 Subsection 2 No. 1.1 or
  3. Carrying knives with a blade that can be locked with one hand (one-handed knives) or fixed-blade knives with a blade length exceeding 12 cm.

Paragraph 1 does not apply.

  1. for use in photo, film or television recordings or theatre performances,
  2. for transport in a sealed container,
  3. for carrying the items specified in paragraph 1, numbers 2 and 3, provided there is a legitimate interest. Further regulations remain unaffected.

3. A legitimate interest pursuant to paragraph 2 no. 3 exists in particular if the carrying of the items is related to the exercise of a profession, the maintenance of customs, sport or serves a generally recognized purpose.

"One-hand locking" knives are knives that have a device for one-handed opening and a blade lock. If a knife has only one of these features, it is not subject to Section 42a. The one-handed knife designation is also negated if a knife that, by its technical specifications, should be opened with two hands can only be opened with one hand using a skillful flicking motion, which typically requires special practice. "Slashing and thrusting weapons" are objects whose intended purpose is use as a weapon, as is the case, for example, with double-edged daggers or bayonets. The mere suitability of an object does not automatically make it a weapon. For example, a kitchen knife can, of course, also be used as a weapon, but its intended purpose is decisive for its classification as a utility item, which is why a kitchen knife is not classified as a weapon. For all these items (fixed-blade knives with a blade length exceeding 12 centimeters, one-hand locking knives, and striking or thrusting weapons), the legislator permits carrying only if a legitimate interest exists. This legitimate interest is defined as conducting "in connection with sport, the practice of a profession, the preservation of customs or a generally recognized purpose".

The generally accepted purpose

The so-called "generally accepted purpose" is not further defined. We would like to explicitly point out that the legislator does not refer to an "officially recognized" or "legally recognized" purpose. The phrase "generally accepted purpose" suggests that it refers to common public perception or common sense, according to which carrying, for example, a pocket knife is customary and appropriate in various situations. These can include leisure activities such as barbecuing, picnicking, gardening, and mushroom picking, as well as hobbies like sailing, mountaineering, diving, and hiking. Self-defense is not recognized by the legislator as such a purpose.

Because this definition is very broad and vaguely worded, it cannot be ruled out that, for example, an inspecting officer might offer a different, more restrictive interpretation. However, the legislator has included this "generally recognized purpose" in the law. Therefore, blanket statements such as "one-handed knives are generally prohibited" or "carrying one-handed knives is generally prohibited" are clearly incorrect.

Anyone wishing to avoid a debate about this definition or its scope can remove the thumb stud from a one-handed knife, provided it is technically possible. If the knife in question can no longer be opened with one hand, in our opinion it no longer falls under the restrictions of Section 42a. Therefore, many of our knives already include the necessary tool to remove the thumb stud, at least temporarily.

As a responsible citizen, you can decide for yourself how you want to use your knife. Of course, removing the thumb stud has a slightly unpleasant aftertaste of preemptive obedience, which is due to the vagueness of the law. Carrying the knives in question should be legal under the defined circumstances, according to the wording of the law.

Prohibition of carrying knives at public events § 42 Weapons Act

Previously, only weapons were prohibited at events (§ 42 para. 1 Weapons Act). Knives (apart from edged weapons such as daggers, combat knives, and bayonets) were exempt from this prohibition. Carrying knives at public events (such as festivals, fairs, or sporting events) is now generally prohibited by law – regardless of blade length or opening mechanism. However, the revised law includes a comprehensive list of exceptions (§ 42 para. 4a sentence 2 Weapons Act), which we will briefly outline here. The following are exempt from the prohibition on carrying knives at the aforementioned events:

  1. Delivery traffic,
  2. Business owners and their employees and agents of business owners who carry knives in connection with their professional activities,
  3. People who transport a knife from one place to another in a way that prevents it from being readily accessible,
  4. Persons who carry a knife in or on certain buildings or areas with public transport, as well as in means of transport and facilities of public passenger transport, in or on which crowds may occur and which are subject to a right of domicile, with the consent of the owner of the right of domicile, if carrying the knife serves the purpose of being in the area of ​​the right of domicile or is related thereto,
  5. the commercial display of knives at trade fairs, markets and exhibitions,
  6. Rescue workers and emergency personnel in civil protection and disaster relief in connection with their activities,
  7. Participants in photo, film or television recordings, theatrical performances or historical reenactments, if knives are used for this purpose,
  8. Persons who carry knives in connection with the preservation of customs, hunting or the practice of sports,
  9. Owners of catering establishments, their employees and agents, as well as their customers,
  10. Persons who carry knives in connection with a generally recognized purpose.

    The requirement of transporting knives in a way that prevents immediate access was specified in Annex 1, Section 2, Number 13. It states verbatim: "A knife is not considered readily accessible if it can only be reached with more than three movements." A locked container is therefore not required, but is probably the safest option legally. According to the explanatory memorandum to the law (Bundestag printed matter 20/12805, p. 37), the use of knives is permitted despite the prohibition on carrying them if, for example, they are used briefly for peeling or cutting food brought along.

Weapons-free zones and public transport

State governments can prohibit and restrict the carrying of knives and dangerous objects (e.g., pepper spray) by means of legal ordinances. Within these defined weapons-free zones, individuals can be stopped and checked at any time. The aforementioned list of exceptions for carrying weapons at public events should generally also apply to local weapons-free zones. Please note that the regulations and exceptions for carrying knives within a weapons-free zone may differ regionally from the list of exceptions in Section 42. Please inform yourself about any individual exceptions or extensions applicable in the respective local weapons-free zone. For holders of a firearms license, the previous exceptions no longer apply; the same conditions apply as for everyone else. If federal states or municipalities designate weapons-free zones in crime hotspots, as well as weapons and knife-free zones in specific locations, all knives are now prohibited. Previously, this only applied to knives with a fixed or lockable blade longer than four centimeters. In weapons and knife-free zones, only the same exceptions apply to knives as at events (see above). According to Section 42 Paragraph 5 Number 3 of the Weapons Act, weapons-free zones can now also be established on public transport and in public transport facilities (buses, trams, S-Bahn and U-Bahn). Please observe the respective local regulations.

Long-distance passenger transport

Carrying knives on long-distance public transport (e.g., long-distance trains, long-distance buses) is now automatically prohibited by law. This prohibition also extends to "enclosed facilities of long-distance public transport, in particular buildings and stops" (train stations and correspondingly designed stops). However, the same exceptions apply here as for carrying knives at public events (§ 42b para. 1 sentence 2 no. 2 in conjunction with § 42 para. 4a of the Weapons Act). The Federal Ministry of the Interior also has the option of extending the general knife ban to all railway facilities of Deutsche Bahn (e.g., parking lots, track areas, etc.) by means of a statutory order. Furthermore, the existing option of the Federal Police to establish weapons-free zones remains in effect.

Ban on switchblades

Since October 31, 2024, a general ban on the possession and use of switchblades of all kinds has been in effect in Germany. They are now prohibited items, and possession of them is a criminal offense. According to Annex 2 of the Weapons Act, Section 1, Number 1.4.1, possession of certain switchblades is only permitted for individuals with a legitimate interest that necessitates one-handed use.

  1. for example, due to a missing arm or a missing or dysfunctional hand, or
  2. the handling in connection with the exercise of a profession (e.g. hunting, craft) or
  3. during sports (e.g. sailing or mountaineering).
  4. The same applies to commercial dealers or manufacturers of such knives.

The examples mentioned above are quoted verbatim in the explanatory memorandum to the law (Bundestag printed matter 20/12805) on page 40. Therefore, distribution will only take place to authorized persons.

The classification of the Böker Plus Rescue OTF (01KALS146) as a tool remains unchanged. This rescue tool may still be owned and carried without restrictions. The Böker Plus Micro OTF models are also unaffected by the stricter regulations and, in our legal opinion, may continue to be owned without restrictions. A statement from our lawyer is available for download here.

Other knives and weapons prohibited in Germany

In Germany, objects and knives are prohibited if their shape allows them to disguise themselves as another object or if they are disguised as everyday items (e.g., belt buckle knives and sword canes). Prohibited items also include certain knives such as balisongs or butterfly knives, gravity knives, OTF knives, knuckle knives, and knuckle dusters or knuckle knives. However, this prohibition does not apply to blunt practice balisongs or to hunters/furriers with regard to the possession of knuckle knives. Under German weapons law, the handling or possession of such prohibited items is punishable by a fine or imprisonment.

Discover more content on the topic of gun control

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The legal situation in other countries

Naturally, different legal frameworks apply in other European countries and around the world. Therefore, deliveries to customers outside Germany may be subject to further country-specific restrictions or prohibitions on certain items. The customer is solely responsible for ensuring that the import and possession of the ordered items do not violate the laws of their home country. Unfortunately, we cannot be familiar with, explain, and interpret all the diverse legal systems of different countries. You can find useful information on German and international weapons law, for example, on the Knife Blog.

Legal advice

Please note that this summary is for non-binding informational purposes only and does not constitute legal advice in the true sense. It cannot and should not replace individual and binding legal advice tailored to your specific situation. All information provided is therefore without guarantee of accuracy and completeness.