Semi-automatic short-barreled firearm and ammunition possession: conviction recharacterized as cumulative offense (Tateinheit)

The Federal Court of Criminal Revisions (BGH) dismissed the defendant's appeal as unfounded, but ordered a correction to the original judgment by recharacterizing the charges: the defendant is guilty of possessing a semi-automatic short-barreled firearm for firing cartridge ammunition and possessing ammunition as a single act (Tateinheit), as requested by the General Public Prosecutor. The defendant, who was found guilty by the Landgericht Bremen in October 2023, must bear the costs of the appellate proceedings. The decisive legal basis involved the precise statutory classification of the offense regarding the possession of semi-automatic short firearms and ammunition, ensuring the conviction was rendered in connection rather than as separate offenses.