Court ruled

Participant in Firearms Drill Illegally Detained

The firearms drill in Vorchdorf had caused quite a stir at the time.(Bild: WH, Krone KREATIV)

A participant in the firearms exercise in Vorchdorf last October had been detained by police for hours—without an arrest warrant. This is permitted in cases of “imminent danger.” However, the Upper Austria Regional Administrative Court has now ruled that the conditions for such action were not met. 

The case caused a major uproar in Upper Austria last year: On October 11, 2025, “target practice” involving several people with firearms, organized by an association, took place on a property in Vorchdorf. The participants were lying on the ground in front of a hall on the property, aiming at targets. They used telescopic sights, some of which were mounted on rifles, but no shots were fired.

Property Owner Called the Police
Later that afternoon, the property owner alerted the police because several people, some of whom were carrying assault rifles, had been seen on the property. Meanwhile, the shooters also got wind that they were being watched: When the drill leader heard that a stranger had been photographing them on the grounds, he called off the exercise. The participants packed up their gear and headed toward a farm building. They did not know that the police had already been notified.

Arrested Without a Warrant
The first police officers to arrive got out of their vehicle with their weapons drawn and shouted, “Stop, police!” One of the armed participants then sat down on the floor in a corner of the hall. After one of the officers had been informed by phone of this participant’s whereabouts, the participant was arrested by the officers on their own initiative—that is, without a warrant from the district attorney’s office.

The firearms exercise triggered a major police operation and unsettled the state(Bild: WH)

Was he allowed to leave after midnight?
He was handcuffed before being transported several times to various locations along with other detainees. His handcuffs were later removed inside a police van, but he was not allowed to leave the vehicle. It was not until late in the evening that officers contacted the on-call prosecutor’s office. After midnight, the participant was finally returned his confiscated items and was allowed to leave.

He filed a complaint
The participant filed a complaint with the Upper Austria Regional Administrative Court, alleging the unlawful exercise of direct administrative authority and coercive power. He argued that the grounds for arrest listed in the report—specifically, the risk of flight, the risk of committing a crime, and the risk of tampering with evidence—did not apply. Nor had there been a violation of the Firearms Act. Furthermore, neither he nor any other participants posed a danger. Had he not been deprived of his liberty but instead allowed to present his documents, the official procedure would have been completed quickly, the complainant stated through his attorney.

Ruling Against the Police
Based on the case files and the oral hearing, the State Administrative Court ruled that the complaint should be upheld. The Criminal Investigation Department may carry out arrests without a warrant from the district attorney’s office if such a warrant cannot be obtained in time due to “imminent danger.” For example, if there is reason to fear that the suspect might otherwise flee, destroy evidence, or commit a criminal offense.

No Imminent Danger
Since it could be assumed in this case that the police officer had the opportunity to make a phone call and that the responsible public prosecutor’s office could have been reached by phone, the legal requirements for an arrest made on the criminal police’s own authority due to “imminent danger” were not met. For this reason alone, the arrest was therefore unlawful. The court also found that the other grounds for detention were not met. Consequently, none of the other measures were justified either.