2009 proposed German paintball ban

The 2009 proposed German paintball ban was an unsuccessful attempt by Germany's governing coalition to prohibit paintball and similar recreational activities following the Winnenden school shooting of 11 March 2009.

In May 2009, members of Chancellor Angela Merkel's governing coalition proposed banning paintball games on the grounds that they simulated killing and could encourage violence. The proposed restrictions included fines of up to €5,000 for violations.[1]

The proposal generated considerable opposition from German paintball players, field operators and industry representatives. Following public protests and disagreement within the governing coalition, the proposed prohibition was withdrawn on 14 May 2009.[2]

Although the ban was abandoned, the German parliament subsequently requested further examination of paintball and other activities involving simulated violence. No nationwide paintball prohibition resulted from the 2009 legislation.[3]

Background

On 11 March 2009, a school shooting in Winnenden, Baden-Württemberg, resulted in the deaths of 15 victims. The perpetrator subsequently died by suicide.

The incident prompted a national debate concerning firearms ownership, weapon storage, violent entertainment and the prevention of future attacks.

The governing coalition of the Christian Democratic Union and Christian Social Union (CDU/CSU) and the Social Democratic Party (SPD) began considering amendments to Germany's firearms legislation.

On 23 April 2009, SPD parliamentarian Gabriele Fograscher raised paintball during a Bundestag debate on firearms regulation.

Fograscher argued that shooting paint-filled projectiles at other people violated human dignity and supported examining whether such activities should be prohibited.[4]

Proposed prohibition

On 7 May 2009, German media reported that the governing coalition had agreed on measures including a prohibition of paintball, Gotcha and laser shooting games.

Supporters of the proposal argued that games involving simulated killing could reduce participants' inhibitions towards violence.

Wolfgang Bosbach, deputy chairman of the CDU/CSU parliamentary group, defended the proposed measures as part of wider efforts to improve public safety.

The suggested prohibition would have made participation in certain games an administrative offence punishable by fines of up to €5,000.[1]

The proposed ban formed part of a wider firearms reform programme addressing weapon storage, inspections, minimum ages for shooting activities and illegal firearms.

Response from the paintball community

The announcement prompted opposition from German paintball players, commercial operators and sporting organisations.

The Deutsche Paintball Liga (DPL) warned that a ban would threaten recreational facilities, businesses and employment.

In contemporary reporting, DPL spokesman Arne Petry estimated that Germany had approximately 200 paintball fields and 300 businesses associated with the activity. He warned that as many as 1,000 jobs could be affected by a prohibition.[5]

These figures were estimates supplied by an industry representative rather than independently verified government statistics.

The organisation Forum Pro Paintballsport also opposed the proposal.

Its spokesman Lars Herzig argued that paintball was a sporting activity based on skill and tactics rather than simulated killing.[6]

Forum Pro Paintballsport commissioned legal representatives to challenge the government's characterisation of paintball. The organisation's lawyers wrote to Chancellor Angela Merkel and other government officials disputing claims that the activity encouraged violence.[7]

Players also contacted elected representatives directly.

According to Die Welt, Gabriele Fograscher received approximately 300 letters and emails opposing the proposal. Other parliamentarians reported receiving substantial numbers of similar messages.[7]

Opponents argued that the proposed prohibition incorrectly associated organised recreational paintball with the Winnenden shooting despite the absence of evidence establishing a causal relationship.

Withdrawal of the proposal

On 14 May 2009, members of the governing coalition announced that the paintball ban would not proceed as originally proposed.

SPD interior policy spokesman Dieter Wiefelspütz confirmed that the coalition was moving away from an immediate prohibition.

The decision followed opposition from paintball participants and concerns among parliamentarians about whether the proposed restrictions were legally justified.

Wiefelspütz acknowledged that personal objections to paintball were insufficient grounds for legislation.

The coalition instead proposed further examination of the activity, including possible age restrictions and regulations concerning game formats.[2]

The withdrawal was reported internationally and removed the immediate threat of a nationwide prohibition.

Parliamentary outcome

Although the proposed blanket ban was withdrawn, paintball remained part of the parliamentary debate surrounding Germany's firearms legislation.

On 17 June 2009, the Bundestag's Interior Committee recommended a resolution addressing games that simulated killing or injury.

The resolution expressed concern that certain paintball, Gotcha and Laserdrome games could potentially encourage violent behaviour where their rules violated principles of human dignity.

It requested that the federal government examine the risks associated with such games, with input from criminological, psychological and sociological experts.

The proposed examination also included possible restrictions based on player age or the design of games.[3]

The Bundestag adopted the accompanying parliamentary resolution on 18 June 2009 as part of its consideration of firearms legislation.[8]

The legislation did not introduce the proposed nationwide ban.

Subsequent legal developments

On 18 February 2010, the Lower Saxony Higher Administrative Court issued two judgments concerning the operation of paintball and Reball facilities.

The court ruled that the versions of the activities described in the relevant planning applications did not violate human dignity under Article 1 of Germany's Basic Law.

The court found that participants did not reduce one another to mere objects through their voluntary participation in the games.[9]

The cases originated from earlier disputes over facility permissions rather than directly from the 2009 legislative proposal. Nevertheless, the judgments addressed one of the principal constitutional arguments advanced during the proposed ban.

Historical significance

The proposed German paintball ban demonstrated how wider debates about firearms and violent entertainment could directly threaten the legal status of organised paintball.

The controversy attracted national and international media attention and prompted coordinated opposition from players, field operators and sporting representatives.

The withdrawal of the prohibition also illustrated the capacity of the paintball community to organise political opposition through direct correspondence, industry representation and legal advocacy.

Although the German government proceeded with other firearms reforms, paintball remained legal.

The controversy became a documented example of the regulatory challenges faced by paintball and the distinction between recreational sporting activity and the use of firearms in criminal violence.

References

Winnenden massacre could lead to paintball and laser tag ban. The Local Germany, 7 May 2009.
Waffenrecht: Koalition zieht Paintball-Verbot zurück. ZEIT ONLINE, 14 May 2009.
Beschlussempfehlung und Bericht des Innenausschusses, Drucksache 16/13423. German Bundestag, 17 June 2009, particularly page 9.
Plenarprotokoll 16/217. German Bundestag, 23 April 2009, page 23634. Parliamentary statement by Gabriele Fograscher concerning paintball.
German plan to outlaw paintball shelved. Stars and Stripes, Marcus Klöckner and Mark Abramson, 15 May 2009. Includes statements and industry estimates from Deutsche Paintball Liga representative Arne Petry.
New German Gun Laws Could Ban Paintball. TIME, Tristana Moore, 14 May 2009.
Paintball & Co.: Massiver Protest kippt schärferes Waffenrecht. Die Welt, Martin Lutz, 14 May 2009.
Viertes Gesetz zur Änderung des Sprengstoffgesetzes. German Bundestag, Documentation and Information System for Parliamentary Materials (DIP), 2009. Legislative record including the resolution concerning paintball and similar games.
Paintball/Reball kein Verstoß gegen die Menschenwürde. Lower Saxony Higher Administrative Court, 19 February 2010. Judgments of 18 February 2010, cases 1 LC 244/07 and 1 LB 85/08.