VGH Munich: Careful use of weapons is no longer safe
Anyone who is permanently prescribed cannabis by his doctor must hand in a weapon license, if applicable. This also applies to a hunter, as the Bavarian Administrative Court (VGH) in Munich decided in an express decision announced on Wednesday, January 31, 2018 (Az .: 21 CS 17.1521).
A doctor had prescribed cannabis as a long-term medication to the hunter from the Upper Bavarian district of Miesbach. Since March 2017, this has also been permitted at the expense of statutory health insurance if the drug promises at least relief for a "serious illness" and there are no reasonable conventional medical alternatives for treatment.
When the Miesbach district office asked the hunter for a specialist psychological report. The expert came to the conclusion that the hunter was no longer suitable for possession of weapons. The district office then revoked the gun ownership card and confiscated the gun license.
The hunter complained. With an urgent request, he also wanted to have the effect of the decision of the authorities suspended until a judgment in the main proceedings.
The VGH Munich has now rejected this. According to the Weapons Act, a weapon owner must be able to handle his weapon carefully and properly “at all times and in every respect”. With inhalation of cannabis flowers several times a day, this is not guaranteed.
For reasons, the VGH referred to the previous expert reports on regular cannabis use. According to this, "an always reliable behavioral control when handling weapons and ammunition" is not guaranteed.
The Munich judges are convinced that this can also be transferred to medically prescribed long-term medication with cannabinoid substances. So far, at least there is insufficient evidence that the effect of medically-based cannabis use differs significantly from that of improper use. In particular, there has been a lack of medical studies on “cannabis users with a specific medical problem without a drug history”.
Performance and behavioral restrictions could therefore not be excluded with sufficient certainty even with a medically prescribed and monitored long-term intake.
The fact that cannabis patients do not automatically have to hand in their driver's license does not prevent this, it is also stated in the decision of January 5, 2018, which was also published in writing. Because safety law is far more important than in the driving license law. mwo