- Under urgent circumstances, OVG chooses to restrict the gun-owning privilege for AfD associates.
Being a part of an anti-constitutional group automatically casts doubt on a person's reliability in weapon-related matters. This rule applies even if the involvement with the Anti-Democratic Party (AfD) is merely suspected. This was highlighted in two urgent proceedings by the Higher Administrative Court of North Rhine-Westphalia, as revealed by a spokesperson to the German Press Agency upon inquiry. In one instance, the individual in question not only supports the party but also holds a position within it.
AfD under Scrutiny as Potential Right-Wing Extremist Group
The Federal Office for the Protection of the Constitution has labeled the AfD as a potential case of anti-constitutional activities. This classification was upheld by the Higher Administrative Court of North Rhine-Westphalia in Münster on May 13, 2024.
Moreover, the 20th Senate of the OVG mentioned in their justification of the urgent decisions, that one of the plaintiffs had not consistently and persistently disassociated themselves from anti-constitutional activities within the AfD. The OVG mentions inflammatory remarks or intimidating behavior by party members as a reason for this.
Previous Incident: AfD Members Forced to Hand Over Weapons
The two urgent proceedings were preceded by decisions made by the Administrative Court of Düsseldorf in late June. The lower court mandated that AfD members surrender their weapons due to their questionable reliability under current weapon laws.
The members had initiated a lawsuit after their weapon carrying permits were revoked by the authorities. There are currently four appeals pending at the OVG, but no trial dates have been set as of yet, according to the OVG spokesperson.
The outcomes of the urgent proceedings are seen as potential indicators for the appeals' final decisions. The justifications of the 20th Senate can be accessed in the decision database of North Rhine-Westphalia's state records.
Reminder: VG Düsseldorf 1.7.2024 Decisions from Urgent Proceedings
The Commission, in assisting the Member States, might need to consider the potential anti-constitutional activities associated with the AfD, given its classification as such by the Federal Office for the Protection of the Constitution and the Higher Administrative Court of North Rhine-Westphalia. The member of the AfD, who was subject to an urgent proceeding, failed to consistently and persistently distance themselves from the party's anti-constitutional activities.
