GUN LAWS -- AUSTRIA ------------------------------------------------------------------------ From: Holger Reusch ------------------------------------------------------------------------ Firstly, the Austrian arms law distinguishes between handguns and other guns. A handgun is defined a any gun shorter than 60 cm (23.6"). All Austrian citizens who are deemed reliable (no criminal record, no record of alcoholism, drugs, violence, political extremism, psychiatric treatment or carelessness) and at least 21 years old are entitled to the possession of handguns. To actually buy a handgun, you have to apply to the federal police (We only have a federal police in Austria; the whole country having roughly the same area as the State of Maine and the same number of inhabitants as New Jersey.) for the issuance of a "Waffenbesitzkarte" (gun owner's permit). If you are reliable (v.s.), this is no problem at all, since you don't have to give a reason for wanting to possess guns. The appication costs about $30 and takes four to six weeks for processing. The interesting point is that it is a right and not something the police may deny if they just don't like ordinary citizens to possess guns. I think this is somewhat similar to the RKBA granted by the 2nd Amendment, except it just a law here and not a part of the Austrian constitution. The gun owner's permit is valid for unlimited time or until you are no longer reliable (This must be proven by the police.). In that case the police may revoke your permit and you have to get rid of your firearms. This step is not taken lightly and concerns only people who got in conflict with the law or were taken in psychiatric custody. The permit entitles you to the possession of up to two handguns. The limitation to two handguns is a nuisance (There surely are a number of nice-to-have handguns.), but in order to possess more than two handguns, you have to give a reason. There are two kinds of people who may have more handguns: Sporting shootists (up to five guns, have to state for every one of their handguns the competition they need it for) and professional arms collectors. If you, as none of the above, inherit a gun collection, you may retain it, though. All records of holders of gun owner's permits are checked regularily. Hence there is no need for a waiting period prior to the intended purchase of a gun. You may buy or sell your handguns freely, but you must not exceed the maximum number of handguns you own. Guns that aren't handguns (rifles or shotguns) might be possessed by all citizens at least 18 years old. You don't need a permit and there is no limit on the number of long arms you may possess. The following long arms are prohibited for all but the police, the military or the holders of a (very hard to get) special permit: (1) Automatic guns; (2) Shot- guns shorter than 90 cm (35.4") or whose barrel is shorter than 45 cm (17.7"). Handgun ammunition may be bought by all holders of a gun owner's permit. Rifle ammo (incl. .22lr) or shotshells may be bought by all persons over 18. Hollow-point ammo is, contrary to most other European countries, freely available and can be used for defense purposes by private citizens. How about carry, you ask? There is no distinction between open and concealed carry. You have to have a "Waffenpass" (handgun carry permit) to carry a handgun legally. In order to get one you have to give a reason. The reason must be some danger which can be most effectively countered by armed resistance. The danger must be specific to you personally or your profession. So living in a high-crime area doesn't count. But if you have a valid reason and can prove it (transport of valuables or the like), you are _entitled_ to a carry license, which is valid for an unlimited time. Better than in many parts of the USA, huh? :-) There is another permit if you want to carry long arms. This one is reserved for sporting shooters. Most limitations of the law might be overridden by discretionary decision of the police (e.g. gun possession for people over 16 or possession of prohibited guns). In all cases there are reasons necessary, of course. To put it in a nutshell, the Austrian gun law is more liberal (in the European sense of the word) than that of most other European countries except possibly Switzerland. Due to the low crime rate in Austria there is, thanks &deity., no militant anti-gun lobby here. Of course, we have Our share of liberal (in the US sense of the word) media raving against guns and possible mass murdereres (aka gun owners), too :-( There is no organization equivalent to the NRA here. ADDITIONAL QUESTIONS AND ANSWERS: Q: Are foreigners allowed to possess guns in Austria? A: It depends on the type of gun a foreigner wants to possess. With long arms (i.e. all guns which aren't handguns[1]) there is no problem at all. If you are over 18 years old you can walk into your nearest gun shop, show an identification paper and buy any rifle or shotgun you like. Of course you can buy rifle ammo or shotshells, too. Concerning handguns, the matter is a bit more complicated. While every reliable Austrian citizen over 21 is entitled to a handgun possession permit, there is no legal right to handgun possession for foreigners. To allow a resident non-citizen to possess handguns is a discretionary decision of the Austrian federal police. The key words used in the law text are "weighting the private interest against matters of public safety". I don't know of any precedents so you would be well advised to check with an Austrian lawyer before contemplating to apply for handgun ownership. If you want to buy a handgun while just travelling through Austria, the answer is simple - forget it! All statements concerning handguns apply to handgun ammo, too. Q: What about taking along guns crossing the border to Slovenia? A: All transfers of weapons to the former states of Yugoslavia have been banned by the Austrian government. You are not allowed to carry along even an air rifle when crossing the border to Slovenia. The Austrian border guards are said to be checking strictly. Discovered weapons are confiscated and the bearers go to jail. Maybe the Hungarians are a bit more lenient if you want to cross the border to Serbia . Addendum: Jaroslav Liptak states: |My experience is dated late November (Friday, 27th Nov. 1992), when |I crossed the Austrian/Slovene border in Sentilj, near Maribor in the |role of a coach of the Slovak national air rifle shooting team having |seven pieces of FWB 600/601 in the car. The border guards |a) checked the identity of all 11 team members |b) asked what we are heading for |c) asked us to show one (randomly chosen) rifle bag to get sure it | contains only an air rifle | d) wished good luck and let us go. |The drive back on Sunday was even easier. And we are all still free. |I do not claim that this is the usual behavior of the Austrian border |guards ;-), but things are not so bad as they seem to be concerning |air weapons. _____ NOTES: [1] See above.