Why do the police point guns at people

Firearms use

in inhabited places or places visited by people is prohibited without police permission (violation according to § 367, No. 8 StGB). But see gun law, gun law. Sch. the police is regulated in the police duties laws of the federal states. a. Hitting iron.

right to live

, Police law: use of firearms as a means of direct coercion. It is regulated in §§ 41-43 MEPo1G. Firearms are all weapons within the meaning of the Weapons Act, i.e. pistols, revolvers, rifles and submachine guns. The use of firearms is a real act. Use is the intended use of the firearm and not just using it as a striking object.
The MEPo1G distinguishes between three forms of firearm use and thus combines different requirements: against things, against people and against people in crowds. Using firearms against persons means aiming at the person's body.
Since the use of firearms is the application of direct coercion, the general requirements of the coercive administrative procedure apply first, in particular the general requirement of a threat of coercion. In addition, the special regulations relating to the threat of direct coercion must be observed. The threat of the use of firearms may only be omitted if this is necessary to avert danger to life or limb. Without exception, the use of firearms is threatened if it is directed against people in a crowd. There are thus higher demands on the threat compared to the general application of direct compulsion. The firing of a warning shot is sufficient as a threat to apply immediate coercion.
The use of firearms is the last and most severe means of coercion, so that it is only permissible if other measures of direct coercion have been used unsuccessfully or obviously do not promise any success. The use of firearms against persons
is therefore only permissible if the purpose cannot be achieved by using firearms against objects. Firearms may only be used against persons who are at least 14 years old, unless their use is the only means of averting danger to life or limb. Firearms must be used against persons in order to render the person incapable of attack or escape. A shot with a probability bordering on certainty is only permitted if it is the only means of averting a current danger to life or a current risk of serious injury to physical integrity (final rescue shot).
The use of firearms must not endanger bystanders, unless the use of firearms is the only means of averting a current danger to life or the conditions for the use of firearms against uninvolved persons in a crowd are present. Anyone who does not participate in the act against which the police measure is directed or, according to a different opinion, anyone who does not meet the requirements for the use of firearms is not involved. The status of bystanders is lost if the person concerned is in a crowd that commits acts of violence or recognizes or supports them through actions, if this person does not move away despite repeated threats of using firearms.
According to § 42 MEPolG, the use of firearms against persons is only possible in order to avert a current danger to life or limb.
It is also permissible to prevent an imminent commission or continuation of a crime or misdemeanor using or carrying firearms or explosives. Explosives are explosive substances in accordance with Section 1 (1) SprenstoffG. The classification of crimes and offenses is based on the requirements of Section 12 of the Criminal Code, whereby the intent and guilt of the person concerned are not taken into account for the assessment in individual cases. An offense is only imminent if the perpetrator immediately starts his act (attempt) in accordance with the general criminal trial rules. Whether the perpetrator is carrying a firearm or an explosive is also determined by the criminal law assessment of the presence. Consequences deviating from criminal law arise for tools that only give the appearance of a weapon, which according to the Criminal Code are not weapons, but only other tools. In police law, however, the principles of apparent risk and apparent risk apply, so that it is also possible to take action against gas pistols or copies of weapons using the means of firearms.
Firearms may also be used for law enforcement and law enforcement purposes to stop a person attempting to evade arrest or identification when he or she is under high suspicion of a crime or misdemeanor and facts justify the assumption that they are firearms or explosives carries with it. The prevention of an escape for preventive police purposes does not include this possibility, so that the provision contains a repressive police authorization basis that is not part of the MEPolG. On this basis, police measures are justified that cannot be justified on the basis of the arrest rights in Section 127 of the Code of Criminal Procedure.
In order to prevent the escape or to arrest a person who is to be kept in official custody or to be brought to him, on the basis of a judicial decision on account of a crime or on the basis of the urgent suspicion of a crime or on the basis of a court decision on account of a misdemeanor or on the basis of the urgent suspicion of an offense, if facts justify the assumption that she is carrying firearms or explosives, firearms are also used. Even with this authorization basis, the prerequisites are determined by criminal law and criminal procedure.
Firearms can also be used against someone who wants to forcibly free a person from official custody (release from prisoners). The prerequisites result from § 120 StGB.
The use of firearms against people in a crowd is not permitted if there is a high probability that uninvolved persons are at risk and the use is not the only means of averting a current danger to life.
Machine guns and explosives may only be used in special cases and with the consent of the Interior Minister / Senator, if the person has used firearms or similar explosives and the previous use of firearms has been unsuccessful. Machine guns and hand grenades may only be used to make the person concerned incapable of attack; hand grenades are generally prohibited in crowds.
Penitentiary system: Aimed shooting with a handgun at an inmate or a third party. Because of the intensity of the interference, the use of firearms has been given a special legal form in §§ 99, 100 StVollzG. The requirements for use are finally standardized there. final rescue shot

Use of weapons.




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