Weapons ownership – Dutch Weapons and Ammunition Act

Since 1919, we have had the Firearms Act in the Netherlands, which is now called the Weapons and Ammunition Act. This concerns the Dutch weapons law. What is allowed and prohibited with regard to weapons and ammunition in the Netherlands? Here is an overview of the 16 articles of the weapons law in the Netherlands and what exactly this law entails. A distinction is also made between categories of weapons and ammunition.

Weapons legislation in the Netherlands

In the Netherlands there is the Weapons and Ammunition Act, as part of the legislation regarding weapons. This prevents the use of weapons, and especially their negative consequences, from being reduced as much as possible within society. The Weapons and Ammunition Act stems from the Firearms Act of 1919. This law was drawn up at that time to create a safe position for the government.

It is partly legal to have a weapon, but this concerns weapons of the lightest category. So it is not about firearms, but about weapons such as a sabre. This is then legal from the age of 18 or older. A weapon may be owned, but not carried, in public areas.

Distinction between carrying and possessing weapons

A distinction is made between two forms of preserving weapons. On the one hand you can ,have, a weapon, but on the other hand you can ,carry, a weapon. What is the difference?

• ,Having, means that one can in principle possess a weapon. This does not necessarily mean that the weapon is actually kept with someone, but only that someone is in possession of a weapon and could therefore keep it with him. For example, it can be hidden away in your own home or hung on the wall, like a saber.
• ,Carrying, a weapon means that the weapon is actually within reach. It is worn under or over clothing or held in the hand. The weapon is located where the person in possession of it could use it at the time, in a public place.

 

Categories

Ammunition and weapons can be divided into four categories. The first category is the heaviest and the fourth category is the lightest, where the weapons are not illegal. However, these weapons may not be carried or possessed by people under the age of 18.

Ammunition depends on the weapon. However, ammunition never falls into the fourth category, because these weapons do not contain ammunition.

• Category I: For example, choke sticks, brass knuckles, imitations of firearms, blackjacks (resembles a rubber bat, but with a heavy lead knob), ballistic knives (automatic knives). These are prohibited non-firearms.
• Category II: For example pepper spray, electroshock weapons, automatic firearms. Only allowed for the government and a selective group.
• Category III: For example, hunting weapons, collectors’ weapons and weapons for sports shooters. Only allowed for the government and permit holders.
• Category IV: For example, swords, sabers, batons, crossbows , swords, air weapons, alarm pistols, paintball markers, harpoon.

Since airsoft weapons are also imitations of real weapons, the use of these weapons is prohibited. However, since January 15, 2013, it has been permitted to possess airsoft weapons, provided that you are 18 years or older and a member of an association recognized by the minister. Until recently, the sport could therefore only be practiced outside the Netherlands.

Licensing of weapons

A firearms permit must be applied for. Sports shooters can do this, for example, for category III weapons. A permit is requested from the chief of police. Motivation must also be provided. A hunter writes down the coat of arms on the hunting license. We also always check whether someone has a criminal record.

Articles of the Firearms Act:

1. Description of which firearms (for example bombs, hand grenades, parts of firearms and ammunition and parts thereof).
2. Possibility of banning the import, transit and transport of firearms and ammunition.
3. Prohibition on possessing weapons or ammunition (with the exception of, for example, powers such as those of a public law body or shooting club).
4. Indication and note if a firearm is used and in possession.
5. Prohibition on manufacturing, repairing or possessing firearms or ammunition.
6. Ban on delivering firearms to Bonaire, Sint Eustatius and Saba.
7. Possibly an amount to compensate for the costs of administration and supervision in the event of any authorization for import, export, transit or transport.
8. Obligation of the governor to keep a register of granted authorizations.
9. Ability of commander to seize and demand custody of firearms.
10. Obligation to confiscate weapons.
11. Imprisonment of up to four years (or fine, third category) for violation. In the case of suffocating substances or bombs, the penalty is six months in prison (or fine, fourth category).
12. Article 12 has been deleted.
13. Monitoring of compliance by designated officials and customs officials.
14. Power by officials to investigate suspected person.
15. Some firearms do not fall under this law, namely those that cannot be manufactured as such or antique weapons.
16. The law is referred to as the BES Firearms Act.

 

To punish

The maximum penalties for illegal possession of weapons and arms trafficking:

• Possession of a switchblade: 9 months in prison or 4,500 fine.
• Possession of a gun: 4 years in prison or 45,000 fine.
• Dealing in pistols (professional): 8 years in prison or 45,000 fine.