germany weapons
How to transport a knife that falls under the Weapons Act
<p>In Germany, there is a law (<a href="https://www.gesetze-im-internet.de/waffg_2002/__42a.html" rel="noreferrer">Weapons Act</a>) that prohibits the carrying of a knife with a blade length of 12 cm. &quot;Fixed knives with a blade length of more than 12 centimetres, any knives classified as cutting and thrusting weapons and folding knives that can be unfolded with one hand may not be carried in public.&quot;</p>
<p>Now I wonder what it's like to buy such a knife in a shop and take it home. Is that already prohibited?</p>

<p>Obviously, there are plenty of kitchen knives over 12 cm in length.</p>
<p>A knife that is legal for home use be carried outside the home in an enclosed compartment (<em>verschlossenes Behältnis</em>) which prevents immediate access. So it is forbidden to carry the knife thrust through a belt, or in a jacket pocket, but it can carried in a <a href="https://www.berlin.de/polizei/service/waffenbehoerde/waffenrecht-uebersicht/#f%C3%BChrungsverbot" rel="noreferrer">locked tool box</a> or the like. A shrink-wrapped package also qualifies.</p>
<p>To carry it &quot;unwrapped&quot; is forbidden, but there are exceptions to that ban which come down to &quot;reasonable use.&quot; A bread knife would be reasonable if it comes with a loaf of bread and all the other implements for a picnic. It is not reasonable in a nightclub.</p>
<p>A number of knife styles or cutting implements are generally <a href="https://www.berlin.de/polizei/service/waffenbehoerde/waffenrecht-uebersicht/artikel.1044011.php" rel="noreferrer">forbidden</a>, no matter how they are carried or stored.</p>

<p>According to <a href="https://www.gesetze-im-internet.de/waffg_2002/__42a.html" rel="noreferrer">section 42a</a> Weapons Act (WaffG), Paragraph 1forbids:</p>
<blockquote>
<ul>
<li>
<ol start="3">
<li>Knives with a blade that can be locked with one hand (one-hand knife) or fixed knives with a blade length of more than 12 cm respectively.</li>
</ol>
</li>
</ul>
</blockquote>
<p>But, at Paragraph 2, there are two potentially relevant statutory defences to carrying such a knife home from the shop:</p>
<blockquote>
<p>(2) Paragraph 1 does not apply:</p>
<ul>
<li>
<ol start="2">
<li>for transport in a closed container,</li>
</ol>
</li>
<li>
<ol start="3">
<li>for carrying the objects according to paragraph 1 nos. 2 and 3, provided that there is <strong>a legitimate interest</strong>.</li>
</ol>
</li>
</ul>
</blockquote>
<p>And Paragraph 3 defines <em>legitimate interest</em> to mean:</p>
<blockquote>
<p>(3) A legitimate interest pursuant to paragraph 2(3) exists in particular if the items are carried in connection with the exercise of a profession, the maintenance of customs, sport or <strong>a generally recognized purpose</strong>.</p>
</blockquote>
<p>If, as user @o.m. pointed out in their comment, the knife remains in its original packaging - i.e. within a &quot;<em>closed container</em>&quot; - then Paragraph 2(2) would presumably apply.</p>
<p>If not, I strongly suspect that taking it home directly after buying it would be &quot;<em>a generally recognized purpose</em>&quot; so not prohibited under this Act.</p>
<p><sub>(The above quotations are via Google Translate, and I've altered them slightly to make sense in English)</sub></p>
