Understanding firearm permits in Luxembourg

In Luxembourg, owning and handling firearms is regulated by strict laws, and obtaining a firearm permit is essential for anyone wishing to possess or use a gun legally. Whether for hunting, sport shooting, or collecting, there are clear rules and procedures that must be followed.

Types of weapon permits

There are two main categories of weapon permits in Luxembourg: the carry permit (port d'armes) and the ownership permit (détention d'armes).

• Port d'armes: This permit allows individuals to take their weapon out in public, such as for hunting or sport shooting. A person with a port d'armes permit can carry their weapon outside their home, but there are limitations on the number of weapons allowed. For example, a maximum of 30 weapons can be registered under a port d'armes, but only six can be carried outside.

• Détention d'armes: This permit allows individuals to own a weapon but restricts them from taking it outside their home. It is typically granted to collectors or people who inherit firearms but do not wish to use them for activities like hunting or sport shooting. There are no specific limits on the number of weapons one can keep at home, but individuals must ensure their weapons are stored according to the legal requirements.

The application process

When applying for a firearm permit, individuals must go through several steps. First, they need to submit a formal request to the Arms and Security Service at the Ministry of Justice. The application process includes several important checks:

1. Criminal record check: The Arms and Security Service will ensure that the applicant has no criminal convictions or is not known to the police for violent or criminal behaviour.

2. Medical certificate: A medical certificate is required to ensure the applicant is fit to possess a weapon. This was introduced in 2022 as part of the new weapon law.

3. Storage requirements: Applicants must demonstrate that they have the proper facilities to store their weapon safely according to the requirements outlined in the weapon law. Weapons must be securely stored, and ammunition should be kept separately from the firearms.

Additionally, individuals who wish to use firearms for specific purposes, such as hunting or sport shooting, need to provide proof of these activities. For example, a copy of a hunting license or membership in a shooting club is required to apply for the relevant permits.

Safe storage of weapons

The safe storage of firearms is a critical part of the weapon law. According to Article 39 of the law, firearms must be securely stored, and ammunition must be kept separate from the weapon. Keeping a firearm in an insecure location, such as under a bed or in a wardrobe, is prohibited and can lead to severe consequences, including the potential revocation of a weapon permit.

If firearms are inherited, it is important to act quickly and follow the proper procedures to store them safely. The Arms and Security Service advises that weapons should be temporarily removed from the deceased’s home and placed in secure storage until the proper authorisation is obtained.

Restrictions on certain firearms

Not all firearms are treated equally under Luxembourg's weapon laws. Modern firearms, particularly firearms with high potential danger, are strictly regulated. For example, fully automatic military weapons are prohibited, and no weapon permit can be issued for such items. On the other hand, certain historical weapons, such as those that are manually loaded and have lower safety risks, may be stored at home without a permit, as long as they are not used in a dangerous manner.

In Luxembourg, there are around 16,000 firearms permits for approximately 85,000 weapons. These weapons are possessed by collectors, hunters, and sport shooters, all of whom must comply with the same legal rules.

Sales and transfer of firearms

If you wish to sell a firearm, the law requires that the buyer presents their weapon permit before the transaction can take place. If the seller does not follow this rule, they can face legal penalties. Alternatively, firearms can be transferred through a weapons dealer. The dealer will manage the sale on behalf of the seller, ensuring that the transaction complies with the law.

If a firearm is no longer wanted or is deemed unsafe, individuals can choose to surrender it to the police. A declaration of renouncement (déclaration de renonciation) can be signed at a police station to formally give up ownership of the weapon.

Weapon permit validity

Firearm permits in Luxembourg are valid for five years. After this period, the permit holder must apply for a renewal, and they will be subject to the same checks and requirements as the original application.

Inheriting firearms

When inheriting firearms, individuals must adhere to strict regulations. The heir must apply for the relevant weapon permit, as it is illegal to possess firearms without the proper authorisation. Once inherited, firearms cannot be immediately used or stored freely. The Arms and Security Service recommends removing the weapon from the deceased's home for secure storage while the permit application is processed. This ensures that the firearm is not handled unlawfully and is stored in accordance with Luxembourg's safety requirements.