Suspicion of extremism - AfD party book can give rise to gun permit check
Municipalities in Bavaria can see an AfD party membership as a hint for a review of gun permits. A party membership could "potentially be evaluated as an indicator that justifies a review of weapons eligibility," the Bavarian Interior Ministry stated in response to an inquiry from the German Press Agency. Such eligibility is a prerequisite for obtaining or retaining a weapons permit or license.
Courts come to different conclusions
According to the Interior Ministry, authorities cannot automatically assume that AfD members in Bavaria do not meet this requirement. While the party is under observation by the constitutional protection agency in Bavaria due to suspected anti-constitutional activities, it is unclear whether this suspicion alone is sufficient to assume weapons unsuitability under weapons law. Administrative courts have given different answers to this question, according to a ministry spokeswoman. The Bavarian Administrative Court recently held the view that "the pursuit of anti-constitutional activities by the association must be established." Therefore, a justified suspicion does not suffice.
The Duesseldorf Administrative Court came to a different conclusion in two cases on the previous Monday. The court held that the suspicion of anti-constitutional activities was sufficient for the establishment of weapons unsuitability. Therefore, it dismissed the appeals of two AfD members whose gun permits had been revoked.
Ministry recognizes diversity within the AfD
The ministry spokeswoman stressed, however, that "it is not to be overlooked" that "within the AfD, there is still a certain range of different political positions represented." Weapons unsuitability can only be assumed at present if a member openly and actively promotes anti-constitutional activities.
The spokeswoman did not answer on inquiry whether and if so, how many AfD members had their weapons taken away in the past year. "In Bayern, a total of 26 persons, who can be assigned to the right-wing extremist scene, had their weapons permit revoked in the year 2023," the spokeswoman said. "Among them were members of parties suspected of anti-constitutional activities." Whether this was solely due to party membership or due to additional activities was not specified.
- The focus of the review process in Bavaria for AfD party members with weapons permits lies in evaluating their potential involvement in anti-constitutional activities, as stated by the Bavarian Interior Ministry.
- The revocation of weapons permits for two AfD members in Duesseldorf was upheld by the administrative court, based on the suspicion of their involvement in anti-constitutional activities.
- Despite the overall observation of the AfD by the constitutional protection agency in Bavaria for suspected anti-constitutional activities, the ministry acknowledges that the party has a diverse range of political positions.
- Weapons unsuitability can only be assumed if an AfD member openly and actively promotes anti-constitutional activities, according to the Bavarian Interior Ministry.
- The revocation of weapons permits for 26 individuals associated with the right-wing extremist scene in Bavaria in 2023 included some who were members of parties under suspicion for anti-constitutional activities.
- The Ministry of the Interior in Bavaria declined to provide specific details on the number of AfD members who had their weapons taken away in the past year, citing the need to protect individual privacy and maintain confidentiality.
