German prosecutors investigate swastika-marked rifles seized from Tyroleans

German prosecutors are investigating 12 historical rifles bearing small swastikas after the Federal Police seized 34 rifles from Tyrolean rifle companies in a coach, BR reported.

The case began at a ceremony on June 24 marking the 35th anniversary of the priesthood of Frank Lackner, archbishop of the Archdiocese of Salzburg. Three Tyrolean rifle companies from Pillersee, Waidring and Fieberbrunn took part, including a ceremonial rifle volley. That evening, the group travelled home by coach via the route between Salzburg and Tyrol.

Federal Police seize 34 rifles

In Bad Reichenhall, Federal Police officers noticed what they described as a “rifle-like object” on the bus and checked its approximately 50 passengers. They found 34 rifles, most of which were reportedly being transported ready for access, including in luggage racks and between passengers’ knees.

The owners also did not have the required firearms documents with them, according to the Federal Police. The weapons were seized and the passengers were required to pay a security deposit of 6,800 euros.

Twelve rifles bear historical markings

Investigators later found swastikas on 12 of the seized rifles. Although the symbols are only a few millimetres in size, the Traunstein public prosecutor’s office is examining whether they could constitute the use of symbols belonging to unconstitutional organisations.

The Association of Tyrolean Rifle Companies said the weapons are historical Mauser rifles, specifically the Model 98, commonly known as the K98. The rifle was introduced into the Prussian army in 1898 and was subsequently produced and exported in the millions. Its designation also refers to the year 1898.

The small swastikas are usually stamped into the metal barrel. The Bavarian State Criminal Police Office also has examples in its arsenal. During the Nazi era, the imperial eagle with a swastika served as an official inspection mark. A weapon could not be placed into circulation without this proof mark, an office expert said, comparing it with a vehicle inspection sticker.

The Association of Tyrolean Rifle Companies also said the markings were historical and “obviously not deliberately placed political messages”.

Innsbruck case dropped

Because the rifles belonged to Tyrolean rifle companies, the Innsbruck public prosecutor’s office initially opened proceedings as well. It dropped the case a few days later, saying there was no evidence that the members of the rifle companies or the two weapons officers had acted intentionally under Austria’s Prohibition Act.

The decision said the inspection marks were not an expression of political intent but part of a historical weapon.

Traunstein investigation continues

In response to a request from BR, the Traunstein public prosecutor’s office said German and Austrian law on the use of symbols associated with the banned Nazi Party is not identical.

Under German law, publicly using or distributing such a symbol is punishable. The key question is whether it was visible to an unlimited number of people, the office said. It added that a criminal offence does not require the owner of a swastika-marked weapon to support the aims of the Nazi Party or otherwise identify with it. The public use or distribution of the symbol alone can be punishable.

The public prosecutor’s office said it does not expect to issue a final decision before the end of August.

Do Bavarian rifle companies own similar weapons?

It would be plausible for Bavarian rifle companies to own Mauser K98 rifles. The rifle is used by various companies, the Association of Bavarian Mountain Riflemen confirmed to BR.

However, its regional leader, Martin Haberfellner, said he had so far seen Bavarian riflemen carrying only rifles of Yugoslav, Israeli and Spanish origin. An expert from the Bavarian State Criminal Police Office said the K98 was often produced abroad under licence for military use, including during the Nazi era.