According to the court, if a person is threatened with a hunting rifle, this is an improper use of the weapon, which justifies appropriate measures. Hunters cannot use their weapons to a thief. Because then they risk that the hunting license and the gun license will be confiscated, reports the “New legal weekly” with reference to a judgment of the administrative court New York.
In the case being negotiated, a hunter had red-handed junk thieves. Earlier, the man had told two county police officers called that a former neighbor was doing large-scale scrap theft.
The later plaintiff clearly recognized his former neighbor. He suspected a regular rhythm of the thieves at the beginning of the week. On this occasion, the officials are said to have said that it would be best if the perpetrators could be caught red-handed. The plaintiff’s request to covertly monitor the junkyard the same evening was said to have been countered by the officials, considering that this could not be done so quickly.
Thereupon the man, in a camouflage suit, face mask and with a hunting rifle – this was loaded with self-made sleeves filled with salt and some pepper – ambushed the perpetrator. The man went to the place where he assumed that the criminals would get to the site of the junkyard and put the thieves and handed them over to the called police. A little later his hunting license and gun ownership card were withdrawn. He went to court against this decision.
Without success: a hunting rifle should only be used for hunting. Section 13 (6) of the Weapons Act (WaffG) determines the conditions under which a hunter may carry a hunting weapon. However, the man used the weapons to threaten thieves. According to this, a hunter may, among other things, lead hunting weapons to authorized hunting. Such an application is abusive. Therefore, the hunter lacks the reliability required to use a weapon. The withdrawal of the hunting license and the gun license is therefore not objectionable. Due to the events and the behavior of the plaintiff that has been shown since then, there are also fears that, depending on the situation, he will misuse weapons in the future, the judges found.