Database of Legislation

The Weapons and Explosives Act

Consolidated Act No. 1316 of 26 November 2007 on Weapons and Ex-plosives

1. Without a licence or authorisation from the Minister of Justice or from the person authorised by the Minister to issue such licences or authorisations, the following may not be imported or manufactured:

1) firearms and barrels, breech-blocks, detachable magazines and actions for firearms,

2) ammunition for firearms, including cartridge cases, priming screws, percussion caps, fuses and projectiles,

3) hand grenades, bombs, mines and similar weapons working by an explosion caused by pressure or the ejection of small bodies,

4) cartridges, spray cans and similar objects designed to disperse substances that will cause injury, stun or irritate shortly after exposure,

5) explosives (explosive substances and objects containing explo-sives),

6) crossbows and slings,

7) weapons used as warning devices and combined gas and warning weapons,

8) silencers if designed to be mounted on firearms,

9) optical electronic sights with a light beam or with electronic light-intensifying or infrared equipment if they are designed to be mounted on firearms or crossbows.

Subsection 2. The ban shall not cover:

a) air- and spring operated guns, other than those referred to in subsection 1, paragraph 6, and ammunition for air- and spring operated weapons,

b) insertion cartridges of a calibre not exceeding 4.5 mm or ammunition for such cartridges with bullet-shaped projectiles and cartridge length not exceeding 12 mm,

c) slaughtering equipment which can be used only for slaughtering, and ammunition which can be used only for that equipment,

d) pyrotechnical articles.

Subsection 3. The Minister of Justice may lay down regulations to the effect that weapons, with the exception of breech-loading weapons for fixed rounds, shall be exempt from the ban in subsection 1, paragraph 1.

Subsection 4. Furthermore, he Minister of Justice may lay down provisions to the effect that the ban in subsection 1 shall also apply to air- and spring-operated guns other than crossbows and slings. The Minister of Justice may also lay down special provisions for members of rifle clubs and other associations and for the associations themselves.

Subsection 5. The Minister of Justice may lay down more detailed provisions on explosives covered by the ban in section 1, including provisions relating to the manufacture, labelling, placing on the market, trading, import, transfer, export, acquisition, possession, storage and use of such substances.

Subsection 6. The Emergency Management Agency [Beredskabsstyrel-en] shall be the advisory body for authorities and other parties concerning explosives covered by the ban in section 1 and shall supervise undertakings manufacturing the above-mentioned explosives.

2. Without a licence or authorisation from the Minister of Justice or the person authorised by the Minister to issue such licences or authorisations, objects or substances covered by the ban in section 1 may not be acquired by conveyance, possessed, carried or used. The same shall apply to persons under then age of 18 as regards the objects covered by section 1, subsection 2, a) and b).

Subsection 2. In cases where, under subsection 1 above, the requirement for a licence or authorisation or the age requirement for the acquisition or possession of objects or substances applies, such objects or substances may not be conveyed or handed over into the possession of others unless the person acquiring or receiving them produces the necessary licence or authorisation or provides documentation that he/she is over the age of 18. The Minister of Justice shall lay down more detailed provisions on this point.

Subsection 3. The above provisions shall not, however, prevent the replacement of the barrels or breech-blocks of firearms or of parts of actions during the course of repair. The same shall apply to detachable magazines for firearms.

2 a. Holders of hunting licences and members of rifle clubs who, on their membership certificates, have weapons permits for smooth-bore shotguns may, notwithstanding the ban in section 2, subsection 1, acquire, possess, carry and use the following objects for their own use:

1) smooth-bore shotguns with a barrel length of at least 55 cm, and a maximum calibre of 12 holding no more than two shot cartridges,

2) barrels, actions and detachable magazines for the shotguns referred to in paragraph 1 above,

3) ready-loaded shotgun cartridges for the shotguns referred to in paragraph 1 above, provided that the shot is loose and has at maximum diameter of 4 mm, and reloading caps and semi-loaded or empty cartridge cases for the shotguns referred to above. Lead shot cartridges are not covered by this provision.

Subsection 2. The holders of hunting licences and members of rifle clubs who, on their membership certificates, have weapons permits as referred to in subsection 1 above may also acquire and possess for their own use other smooth-bore shotguns with a barrel length of at least 55 cm.

Subsection 3. The objects referred to in subsection 1 or 2 above may not be conveyed or handed over to others unless the person acquiring or receiving them produces the necessary licence or authorisation, hunting licence or certificate of membership of a rifle club with a weapons permit in accordance with subsection 1 above and demonstrates that the document in question belongs to him/her. The Minister of Justice shall lay down more detailed provisions on this point.

Subsection 4. Former holders of hunting licences who meet the conditions for acquiring such licences may continue to possess objects referred to in subsection 1, paragraphs 1 and 2 and subsection 2 above.

Subsection 5. In accordance with rules to be laid down by the Minister of Justice, rifle clubs may issue weapons permits according to subsection 1 on membership certificates.

2 b. Hunting licences may be issued only with the approval of the Minister of Justice or the person authorised by him for that purpose. The Minister of Justice shall lay down more detailed provisions on the handling of cases and approval for the issue of hunting licences.

2 c. The Minister of Justice may lay down provisions to the effect that rifle clubs under the organisations De Danske Skytteforeninger, Forbundet af Danske Sorkrudtsskytteforeninger, Dansk Skytte Union or Dansk Firmaidrætsforbund may issue weapons permits on the clubs’ membership certificates for firearms covered by the shooting programmes of Skytteforeninger, the Union or Firmaidrætsforbundet.

Subsection 2. Members of rifle clubs who, on their membership certificates, have weapons permits in accordance with subsection 1 above, may, notwithstanding the ban in section 2, subsection 1, may for their own use acquire, possess, carry and use the firearms referred to on the weapons permit, together with barrels and breech-blocks for the firearms referred to and ammunition and detachable magazines for them.

Subsection 3. The objects referred to in subsection 2 above may not be conveyed or handed over to others unless the person acquiring or receiving them produces the necessary licence or authorisation or certificate of membership of a rifle club with a weapons permit in accordance with Subsection 1 and demonstrates that the document in question belongs to him/her. The Minister of Justice shall lay down more detailed provisions on this point.

2 d. The licence or authorisation referred to in section 2, subsection 1, hunting licence or certificate of membership of a rifle club with a weapons permit, cf. section 2 a, Subsection 1, or section 2 c, shall be brought along when the weapon is being carried and produced for the police upon demand. As well as the hunting licence or membership certificate as referred to in the first sentence above, the holder shall bring further identification such as a driving licence or ID card and produce it to the police upon demand.

2 e. (Repealed).

2 f. Licences or authorisations and consents according to this Act or provisions drawn up pursuant to this Act may be revoked at any time.

3. The Minister of Justice may, if he considers it necessary, order that anyone who is in possession of objects covered by the ban in section 1 shall give notice of this in accordance with more detailed rules to be laid down by the Minister. The Minister may also lay down provisions to the effect that the weapons referred to in section 1 shall be supplied with identification numbers.

Subsection 2. The Minister of Justice may also lay down such provisions relating to the storage and availability of the objects and substances referred to in section 1 as may be required for safety reasons.

Subsection 3. The Minister of Justice or the person authorised by the Minister for that purpose shall, if it is considered necessary, at any time and upon due identification have access without a court order to inspect:

1) weapon collections,

2) weapon stores and weapon records kept by arms dealers,

3) powder stores held by persons who have licences or authorisations for the reloading of ammunition or the purchase of black powder, percussion caps, etc.,

4) premises where the rifle clubs referred to in section 9, subsection 2, of this Act store weapons.

Subsection 4. The Emergency Management Agency and the police shall, at any time, without a court order and upon due identification, have access to undertakings producing, importing, exporting, storing, dealing in or in any other way possessing explosives covered by the ban in section 1, and may in this connection, at the expense of the party concerned, take samples of the explosives in question and subject them to a technical examination. In cases where samples are taken from a retailer, The Emergency Management Agency or the police shall reimburse the retailer the purchase price and claim the relevant amount from the importer or manufacturer.

Subsection 5. If necessary and in special circumstances for security reasons, the Minister of Justice may decide that objects or substances covered by the ban in section 1 shall be surrendered to the public authorities against full compensation or be deposited. Before such provisions are laid down in relation to rifle clubs under De Danske Skytteforeninger, Dansk Skytte Union or Dansk Firmaidrætsforbund, negotiations shall as far as possible be conducted with the organisations Skytteforeningerne, Unionen and Firmaidrætsforbundet.

Subsection 6. In cases where compensation is to be paid as a result of the arrangements laid down in subsection 5 above, the compensation shall, unless there is an amicable agreement, be fixed by an assessment board set up to cover the whole country and consisting of four members, namely a member appointed by the President of the Copenhagen Municipal Court who shall be a member of that Court and act as Chairman and three weapons experts, one of whom is to be appointed by the Minister of Justice, one by Dansk Handel & Service and one by Danmarks Jæger-forbund. If there is a tied vote, the Chairman shall have the casting vote.

4. In places with access to the general public, places of education, in youth clubs, recreation centres, etc., no knives or daggers may be carried or possessed except in connection with the carrying-out of business ac-tivities, for use in hunting, angling or sporting activities or for a similarly credible purpose. However, this ban shall not apply to clasp knives with a blade of 7 cm or less which cannot be locked in the extended position.

Subsection 2. The Minister of Justice may issue regulations banning the importation, acquisition by conveyance, possession, carrying or use, as well as transferring or handing over to others the possession, of:

1) Sharp or pointed weapons, if the blade is longer than 12 cm, knives with transverse grips intended for stabbing, flick knives, flick stilettos, gravity stilettos, single-hand operated clasp knives designed in such a manner that in their normal state they can be unfolded using one hand only, clasp knives with two-piece grips whose blades can be unfolded using one hand only, knives designed to hang around the neck or shoulder so that they can be drawn using one hand only, throwing stars, throwing knives, as well as sword canes and other similar weapons appearing to be another object.

2) Other sharp or pointed weapons not accepted to have any credible purpose.

3) Substances that may be used for the manufacturing of explosives that are covered by the ban in section 1 or for the filling up of the objects referred to in section 1, subsection 1, paragraph 4, of this Act.

4) Weapons intended to have the effect of paralysing, stunning or blinding through the discharge of an electric current.

5) Laser weapons specifically designed to have as their sole effect or to have as one of several effects, when used as a weapon, the causing of permanent blindness to unprotected eyes.

6) Weapons for hitting and stabbing, including knuckle-dusters, coshes, rubber truncheons and the like.

4 a. The Minister of Justice may lay down provisions banning any advertising of the sale of weapons which cannot be possessed without a licence or authorisation. This shall not, however, apply to weapons used for hunting and competitions.

4 b. The Minister of Justice may lay down rules concerning the authorisation of traders and their employees in connection with commercial dealings in weapons, ammunition etc.

5. It is forbidden to import, export, transport, acquire, convey, posses, carry, use, manufacture, develop or research with a view to development, in chemical, biological, radiological or nuclear weapons and launching devices specifically designed or modified for such weapons, but cf. sub-section 3 and 4. The same shall apply to parts specifically developed or modified to enter into the composition of such weapons or launching devices.

Subsection 2. Acts carried out outside the Danish territory are covered by the prohibition within the limits of article 7, 10, 10 a and 10 b of the Penal Code.

Subsection 3. The prohibition in subsection 1 does not cover transports carried out outside Denmark, including transports on board a ship registered in Denmark, when the transport is carried out in conformity with international agreements on the non-proliferation of weapons of mass destruction.

Subsection 4. The prohibition in subsection 1 does not cover the objects and substances mentioned in Article 1, Subsection 1 (4), and Article 4, Subsection 2 (3).

Subsection 5. In particular cases the Minister of Justice may exempt from the prohibition in Subsection 1.

6. Without a license or authorisation from the Minister of Justice or the person appointed by the Minister of Justice for that purpose, the following may in no case be exported:

1) weapons of any kind with the exception of hunting weapons, but cf. subsection 2,

2) ammunition, with the exception of ammunition for hunting weapons,

3) equipment for warfare,

4) military simulation or training equipment,

5) machinery, instruments, devices and other means of production specially designed or modified for the manufacturing or maintenance of the objects mentioned in paragraphs 1-4,

6) parts specially designed or modified for the objects mentioned in paragraphs 1-5,

7) explosives covered by the prohibition in section 1,

8) software specially designed or modified for the development, production or use of the objects referred to in paragraphs 1-7 and

9) technology required for the development, production or use of the objects referred to in paragraphs 1-8, but cf. subsection 2.

Subsection 2. The prohibition in subsection 1, paragraph 9, does not cover the export of goods comprehended by the Council Regulation (EC) no. 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment, for destinations outside the EU customs territory, cf. article 18 of the Regulation.

Subsection 3. The prohibition in subsection 1, paragraph 9, shall not apply to

1) technology which, as a minimum, is required for the installation, operation, maintenance (inspection) and repair of items for which there has been issued an export licence or authorisation according to subsection 1, provided the technology is exported to the same recipient, who, according to the export licence or authorisation, is the recipient of the items,

2) technology accessible to the public,

3) technology concerning basic scientific research, and

4) technology which only consists of the information which as a minimum required for patent applications.

Subsection 3. The prohibition in subsection 1 covers both physical export of items from the Danish territory and non-physical transmission for abroad by fax, telephone or any other electronic media. However, oral transmission of technology by telephone is only covered where the technology is contained in a document, the relevant part of which is read aloud on the telephone, or is described on the telephone in a manner achieving substantially the same result as if the document had been read aloud.

Subsection 4. The Minister of Justice may issue bans on the export of weapons and ammunition of any kind.

6 a. The Minister of Justice may lay down provisions under which per-sons entering Denmark to take part in hunting or shooting competitions or who leave Denmark for the same purpose may bring or take with them hunting and competition weapons and ammunition for these weapons without a license or authorisation.

6 b. DKK 840 shall be payable for the submission of applications for licences or authorisations under this Act. No payment shall be required, however, for the following licences or authorisations:

1) licences or authorisations for ammunition,

2) licences or authorisations for barrels, breech-blocks, detachable magazines and actions,

3) licences or authorisations for silencers and optical electronic sights with light beams or with electronic light-intensifying or infrared equipment,

4) import and export licences or authorisations,

5) licences or authorisations for reloading,

6) licences or authorisations for explosives covered by the ban in section 1,

7) licences or authorisations for blank weapons,

8) licences or authorisations for dealers,

9) licences or authorisations for weapons used as warning devices and combined gas and warning weapons,

10) licences or authorisations for museums entitled to subsidies under the Museums Act.

Subsection 2. The charge shall be reduced by 50 percent if the applicant is already holding a weapons licence or authorisation for which the full charge has been paid.

Subsection 3. A weapons licence or authorisation may cover only one weapon. However, the Minister of Justice may lay down rules to the effect that certain licences or authorisations may cover more than one weapon.

Subsection 4. If the holder of a weapons licence or authorisation for a specific weapon replaces weapon, a new licence or authorisation shall be issued.

Subsection 5. If the holder of a weapons licence or authorisation changes his or her name, address or rifle club, a new licence or authorisation may be issued free of charge with the same validity as the original licence or authorisation.

Subsection 6. If a licence or authorisation is damaged or lost, a licence or authorisation with the same validity as the original may be issued on payment of DKK 200.

6 c. The Minister of Justice may lay down provisions on fees for the granting of authorisation under the Act or pursuant to provisions issued under this Act.

6 d. Licences or authorisations under section 2, subsection 1 of this Act shall be issued with a validity of five years. For pistols, however, the validity shall be two years only.

Subsection 2. Licences or authorisations for weapon collectors and for rifled hunting weapons for hunters shall, however, be issued with a ten year validity. The same shall apply to licences or authorisations for weapons used as warning devices and combined gas and warning weapons.

Subsection 3. Authorisation for the issuing of hunting licences shall be granted for a period corresponding to the period of validity of the licence.

Subsection 4. Licences or authorisations for reloading and licences or authorisations for the purchase of black powder shall be granted for five years.

7. The lay-out and construction of shooting ranges shall, for reasons of public safety, be authorised by the police.

Subsection 2. The Minister of Justice may lay down rules for the lay-out, construction and use of shooting ranges.

7 a. The Minister of Justice may, after negotiations with the Foreign Minister, lay down provisions banning transportation of weapons etc. mentioned in section 6, subsection 1, between third countries, when specified recipient countries are involved.

Subsection 2. Weapons etc. mentioned in subsection 1, may not be transported between third countries, unless the competent authorities in the country of origin and the recipient country have issued the licenses or authorisations for export and import that are necessary according to the legislation in these countries.

Subsection 3. The Minister of Justice or the person appointed by the Minister of Justice for that purpose may grant an exemption from the bans mentioned in subsection 1 and 2.

Subsection 4. The Minister of Justice may decide that subsection 1 and 2 shall apply to arms of any kind.

7 b. Without a license or authorisation from the Minister of Justice or the person appointed by the Minister of Justice for that purpose, it is prohibited

1) as an intermediary to negotiate or arrange transactions that may involve the transfer of the arms mentioned in section 6, subsection 1, between countries outside the EU, or

2) to buy or sell the weapons etc. referred to in section 6, Subsection 1, as part of a transfer between countries outside EU, or in any other way arrange the transfer of such items from one third country to another third country as the owner of the items.

Subsection 2. The ban in subsection 1, shall not apply to actions performed in another EU Member State. Neither shall the ban apply to actions performed outside the EU by persons domiciled abroad.

Subsection 3. The Minister of Justice may decide that subsection 1 shall apply to transfers of weapons and ammunition of any kind.

7 c. Technical assistance cf. subsection 2, concerning chemical, biological or nuclear weapons, or missiles specially designed or modified to be capable of delivering such weapons, may not be provided outside the EU, subsection 3 and 4 excepted.

Subsection 2. The ban in subsection 1 covers any kind of technical assistance related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service. Technical assistance may take forms such as instruction, training, transmission of working knowledge or skills, or consulting.

Subsection 3. The ban does not cover

1) technical assistance provided in the countries which according to the Council Regulation setting up a Community regime for the control of exports of dual-use items and technology, are covered by the Community general export authorisation.

2) technical assistance where it takes the form of transferring information that is

in the public domain or basic scientific research.

Subsection 4. The Minister of Justice may grant exemptions from the ban in subsection 1.

Subsection 5. Notwithstanding the provisions of section 6-9 in the Criminal Act, violations of the ban in subsection 1 committed by a person who, at the time of the crime, was a of Danish citizen or domiciled in the Danish state, comes within Danish jurisdiction, even if the action is not punishable according to the legislation in the territory of the state concerned.

8. Section 1, section 2, subsection 1, sections 3-5 and section 7 shall not apply to military authorities.

Subsection 2. Section 6, subsection 1, and section 7 a, shall not apply to the armed forces and military personnel carrying out military service. Section 6, subsection 1, shall not apply, either, to the temporary export of equipment and material by military authorities for repair and maintenance.

9. Section 2, subsection 1 and section 4 shall not apply to civil government authorities. Section 1, section 6, subsection 1, and section 7 a, shall not apply to the police, either. Local authorities shall not have to apply for a licence or authorisation as regards the purchase and use for road-work and the like of explosives covered by the ban in section 1.

Subsection 2. Rifle clubs under De Danske Skytteforeninger, Dansk Skytte Union, or Dansk Firmaidrætsforbund may, notwithstanding section 2, subsection 1, acquire and possess weapons covered by the shooting programmes of the Skytteforeninger, the Union or Firmaidrætsforbund, together with barrels, breech-blocks and actions for the above-mentioned weapons and ammunition and detachable magazines for them. The Minister of Justice may lay down rules on this point and on registration of the weapons etc. referred to above.

Subsection 3. Under special circumstances, the Minister of Justice may temporarily repeal subsections 1 and 2 above and issue provisions to the effect that the ban in section 1 and the rules in section 2 and section 3, subsections 1 and 3-4 shall also cover the weapons etc. referred to in section 1, subsection 2.

10. Any person infringing sections 1-2 a, section 2 c, section 2 d, section 5, section 6, subsection 1, section 7, section 7 b, subsection 1, or section 7 c, subsection 1, shall be fined, imprisoned for up to four months or, under aggravating circumstances, imprisoned for up to two years. Any infringement of section 7 a, shall be similarly punished.

Subsection 2. If the infringement consists of possession of firearms under particularly aggravating circumstances, including the possession of firearms with ammunition for them in locations accessible to the public, or if there are repeat offences of possession of firearms, the penalty shall be imprisonment up to two years.

Subsection 3. Any infringement of section 4, subsection 1, shall be punishable by fine. If the offender has previously been punished for infringement of section 4, subsection 1, the punishment may be increased to imprisonment for a term not exceeding two years.

Subsection 4. In guidelines issued in accordance with the Act, penalties in the form of fines or detention may be laid down or, in aggravating circumstances for up to two years, for infringement of the provisions in the guidelines.

Subsection 5. Companies etc. (legal persons) may be held criminally liable in accordance with the rules laid down in Chapter 5 of the Criminal Act.

11. This Act, which doers not apply to the Faeroes, shall enter into force immediately. At the same time, Law No 246 of 10 May 1940 on trade in and the manufacture and possession of weapons etc. is repealed – cf. Law No 477 of 1 October 1945 amending that same Law.