Public petition n°4237

Petitioner: Alexandre Titeux

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The purpose of this petition is to reform the Luxembourgish legislation on weapons in order to allow adult citizens with clean criminal records to possess and carry non-lethal means of self-defense, specifically certified pepper spray and alarm weapons (blank and gas firing weapons). This reform proposes to draw inspiration from the proven legal model of the Federal Republic of Germany, notably through the creation of an equivalent to the "restricted firearms certificate" (Kleiner Waffenschein), thereby guaranteeing regulated, controlled, and secure access to personal protection tools in public spaces.

The current Luxembourgish weapons legislation classifies purely passive defensive means, such as pepper spray or alarm weapons, under the category of absolutely prohibited weapons. This rigid regulation creates a security imbalance to the detriment of law-abiding citizens. In the event of an unlawful and violent attack in public spaces, the population is deprived of any legal and effective means to maintain a safe distance from an attacker and to ensure their own protection. Official crime statistics from the Police grand-ducale demonstrate a worrying evolution of delinquency, marked by a significant increase in violent robberies, physical assaults, and offenses committed with bladed weapons (knives), particularly in urban centers and around train stations. This deterioration of the security climate can no longer be ignored. Since criminals by definition do not respect prohibitions, the current total ban only disarms potential victims, condemning them to absolute passivity. There is no legitimate reason to maintain this strict prohibition in the face of this new reality. The German model offers a proven, balanced, and highly secure framework that addresses this issue through strict regulations: 1) Certified pepper spray: This is a strictly defensive means of protection. It allows a user to temporarily incapacitate an attacker from a distance, providing the opportunity to flee and reach safety without causing permanent or lethal injuries. It is the most proportionate self-defense tool available. 2) The restricted firearms certificate for alarm weapons (SRS category): The proposed model does not authorize free and uncontrolled carrying. Following the German example, carrying these weapons in public spaces is subject to strict, cumulative conditions: 3) Prior authorization: Issuance of an official permit exclusively to adults who demonstrate perfect integrity (total absence of a criminal record). 4) Mandatory concealed carry: The weapon must under no circumstances be carried visibly in public, in order to avoid panic reactions or provocations. 5) Strict prohibition at public gatherings: Carrying is formally prohibited during demonstrations, public festivals, concerts, sports, or cultural events. 6) Obligation of inspection: Citizens must mandatorily carry their official permit and a valid government-issued ID card in original whenever transporting or carrying the device. This reform aims to restore a necessary balance between the state's monopoly on legitimate violence and the fundamental right of every citizen to preserve their physical integrity. It will significantly strengthen the feeling of security and the real protection of the most vulnerable groups in society (such as women, the elderly, or night workers) who travel alone in public spaces, while simultaneously guaranteeing strict and effective police control.