Italian courts clash over gun storage laws while Germany eases ownership checks

Italian courts have issued conflicting rulings on how firearms must be stored under national law. Recent decisions by the Court of Cassation show that even minor lapses in storage can lead to confiscation or criminal penalties. Meanwhile, Germany's latest gun law reforms have focused on ownership checks rather than tightening storage rules.

In Italy, the law demands that firearms be kept out of reach of unauthorised or untrained individuals. The Court of Cassation has ruled inconsistently on whether storing a gun atop a wardrobe meets this standard. One 2018 ruling (No. 20192) overturned a conviction, finding the method acceptable because no children lived in the home and security measures were in place. Yet in another case (No. 39794/2018), the same court upheld a conviction for negligent storage, even though the retiree involved had no criminal record and lived alone.

The court has also confirmed that firearms can be confiscated if owners fail to store them with due care. Administrative penalties may apply even when no crime has been committed. In Germany, the 3rd Weapons Law Amendment Act—implementing the 2017 EU Firearms Directive—took full effect on **1 September 2021**. The changes focused on reliability checks and limits on weapon possession but left storage requirements largely unchanged. Violations of existing storage or transport rules remain a criminal offence under § 52 WaffG, though no further tightening of these rules has been documented. Discussions in 2024–2026 about potential reforms have yet to result in new legislation. Experts advise gun owners to use reinforced safes or wall-mounted security cabinets. These measures help comply with regulations while reducing the risk of theft or unauthorised access.

The Italian rulings highlight the importance of strict compliance with storage laws, as even minor oversights can trigger legal consequences. In Germany, while ownership rules have been updated, storage requirements remain stable for now. Gun owners in both countries are urged to prioritise secure storage to avoid penalties and ensure public safety.