Gun ownership card (Austria)

Sample of a gun ownership card in credit card format (front)

Sample of a gun ownership card in credit card format (back)

Old gun ownership card - outside

Old gun ownership card - inside

In Austria, the weapon possession card (WBK) is a weapon law document which is issued by an authority and authorizes, among other things, the legal acquisition, possession and import of weapons that require a license and the possession and acquisition of certain types of ammunition . It also enables the purchase of reportable weapons of category C from a trader without a waiting period of 3 working days.

The maximum number of firearms subject to approval that the owner may have is recorded in a gun ownership card. The respective firearm is entered electronically at the authority and not directly in the document.

Owners of a WBK are typically marksmen , hunters or (firearms) collectors . However, every other innocent EEA citizen who does not belong to the aforementioned groups can, under certain conditions, apply for a WBK for two (firearms) requiring a license (with initial application). The competent approval authorities are the district authorities or state police departments .

The gun ownership card must not be confused with the gun passport , which, in contrast to the WBK, also entitles the owner to carry (carry) guns in public.

Extract from the law

§ 8. (1) A person is reliable if he is likely to handle weapons properly and no facts justify the assumption that he
- 1. Will use weapons improperly or recklessly;
- 2. handle weapons carelessly or not store them carefully;
- 3. Weapons are given to people who are not authorized to possess such weapons.

(2) A person is by no means reliable if he
- 1. is alcoholic or addicted or
- 2. Is mentally ill or mentally weak or
- 3. is unable to handle weapons properly due to a physical defect.

(3) A person is considered unreliable in the event of a conviction
- 1. for an offense committed or use or threat of violence associated with collective danger deliberate offense for an attack against the state or the public peace or for pimping, human trafficking, smuggling or cruel treatment to a prison sentence of more than two months, or a fine of more than 20 daily rates or
- 2. because of commercial, gang or armed smuggling or
- 3. due to injury or danger to people resulting from the negligent use of weapons or
- 4. because of a criminal act mentioned in item 1, provided that he has already been convicted twice for one.

(4) There is no relevant conviction in accordance with Paragraph 3 if it has already been canceled. Despite a conviction that has not been canceled within the meaning of Paragraph 3, a person can be reliable if the court has refrained from pronouncing the sentence (Section 12 of the Youth Courts Act 1988 JGG, Federal Law Gazette No. 599); The same applies if the court has reserved the right to pronounce the sentence (Section 13 JGG) or has conditionally examined the sentence in whole or in part - with the exception of prison sentences of more than six months - provided that no subsequent sentence or revocation of the conditional forbearance was made.

(5) Furthermore, a person is deemed to be unreliable who has been punished more than twice for a serious administrative offense committed while drunk, provided none of these punishments has been canceled.

(6) Finally, a person is deemed to be unreliable if, for reasons inherent in his person, it was not possible to determine the facts relevant to the reliability. In any case, if the person concerned refuses to check his reliability, the authority shall be deemed such a reason
- 1. to show weapons that he is only allowed to possess on the basis of the document issued in accordance with this federal law, including the associated documents;
- 2. to provide evidence of the safe storage of the weapons named in item 1, although certain facts give rise to doubts that he is keeping the weapons safe.

(7) When checking the reliability for the first time, the authority must convince itself whether the facts justify the assumption that the person concerned is insufficiently reliable in terms of weapons law for one of the reasons stated in Paragraph 2. Applicants who do not hold a hunting license have to provide an expert opinion on whether they tend to handle weapons carelessly or use them recklessly, especially under psychological stress. The Federal Minister of the Interior has to designate suitable persons or institutions by ordinance who are able to prepare such reports in accordance with the current state of science.

Requirements for a WBK

In principle, anyone in Austria who fulfills the following points can apply for a WBK for 2 Category B (firearms) requiring approval from their competent authority:

reliable
you have to be innocent - see § 8 para. 3 - para. 5 WaffG
Proof of qualification for proper handling (e.g. by means of a “ weapons license ”) - not older than 6 months
EEA citizens (Section 9 EEA citizens in the Weapons Act 1996)
21 years of age (from the age of 18 years only with evidence that the WBK is required for the exercise of the profession - at the discretion of the authority)
justification
positive psychological report (not required if the applicant holds a valid hunting license) - not older than 6 months
no upright gun ban

Civil servants are excluded from acquiring and possessing prohibited weapons, war material and firearms requiring a license and carrying firearms for 15 years after entering civilian service and cannot apply for a weapon possession card during this period. In justified cases, such as hunting and sport shooting, exceptions can be requested from the State Police Directorate. It is also possible to submit an application for the expiry of compulsory civil service, provided that the civil service has been completed in full. Persons who were classified as (permanently) unfit for the position (i.e. neither have to do basic military service nor community service) or who have completed military service are not affected by the aforementioned prohibitions.

reliability

In the case of people who do not have a valid hunting license, the first application for the weapon possession card (Section 8 Reliability in the Weapons Act 1996) is determined by a psychologist authorized by the authorities who can be selected by the applicant. If the outcome is positive, the expert opinion prepared by him (costs stipulated by law: € 236, - excl. VAT) confirms that the applicant does not tend to be careless with (firearms) under psychological pressure.

The written psychological test comprises multiple choice tests, " Minnesota Multiphasic Personality Inventory 2, basic scales (MMPI-2, basic scales)" including stress management questionnaire (SVF) or the "reliability-related personality test - Version 3 (VPT.3)" including questionnaire for risk-taking factors (FRF). Alternative combinations exchanged with other tests are possible. This can be followed by another (also oral) examination.

Since December 14, 2019, the number of attempts to take the psychological test has been registered by the authorities. If the report turns out negative, there is a 6 month waiting period before a new one can be obtained. If a total of 3 reviews are negative in a row, there is a 10 year waiting period before a new one can be obtained.

Furthermore, possible convictions and criminal offenses in the past as well as the current way of life and the current circumstances are used to assess the reliability. For example, someone who has once committed a theft can be reliable, but a multiple perpetrator who commits theft again can be excluded from the reliability due to the general declaration of Section 8 (1) WaffG, as the authorities can assume that he is does not have a sufficient sense of justice to be reliable.

Innocence

You have to be innocent to get a gun license or a gun passport. Section 8 (3) 1 to 4 and 5 of the WaffG list criminal offenses that declare a person to be unreliable from the outset. For example, a conviction for fraud or a break-in does not preclude the person concerned from purchasing a firearm. The conviction can, however, be drawn on from the point of view of Section 8 (1) WaffG in order to check the general reliability on the basis of personality traits. However, this is at the discretion of the authority and depends on the individual case. The reliability (also Section 8 Reliability in the Weapons Act 1996) of the applicant is checked by the Federal Police (formerly the Gendarmerie ) and normally requested and transmitted to the WBK exhibitor authority.

Justification and need

The justification (Section 22 Justification and Needs in the Weapons Act 1996) is a use of the weapon to be specified in the application form, which also appears plausible and is legally permitted. The shooter states that he needs category B firearms due to at least one of the following justified points:

Keeping the weapon ready for self-defense within living or operating rooms or own fenced-in property
Hunting or shooting sports
Collection of firearms

Authority's discretion

If the WBK is requested for one of the reasons mentioned, the authority - provided all other requirements are met - must issue EEA citizens with a WBK. This also applies to an inheritance. In the case of third-country nationals and those EEA citizens who have not yet reached the age of 21 but are older than 18 years (and can prove the need to exercise the profession), however, it is at the discretion of the authorities (Section 10 discretion in the Weapons Act 1996 ) whether a WBK is issued.

The document "WBK"

exhibition

Once all the requirements have been met, a WBK is issued by the competent licensing authority ( district authority or state police directorate, in Vienna the application is submitted to a police commissioner, in statutory cities to the magistrate) and takes different lengths of time depending on the federal state and the authority, but may overall not be longer than 6 months after receipt.

extension

When it is first issued, the WBK is limited to 2 category B weapons that require approval. It is possible to submit an 'application for extension' to the responsible approval authority. In contrast to the initial application, only the point 'justification and need' generally needs to be cited.

An extension must be issued if the legal weapon owner can substantiate a reason for possessing the weapon. After 5 years after the first issue of the weapon ownership card, the applicant can increase the number of category B weapons to 5 without additional documents. With an extension of 5 to 10 category B weapons, after the 5 years of the first exhibition, membership in a shooting sports club is required, whereby the number of club members is irrelevant. Here the shooter can purchase 2 more weapons every 5 years.

If the shooter wishes to have more than 2 category B weapons before the 5 years since the first issue of the weapon ownership card or after the 5 years more than 10 category B weapons, the applicant must be a sports shooter according to § 11b WaffG, whereby the relevant requirements and evidence must be regularly provided to the authorities.

Entries

The following personal, official and general data are available and entered on the front of the WBK:

Photo of the applicant
Document number (consecutive number of the weapon law document)
Surname and first name
Date of birth
Date of issue
Issuing authority
Signature of the holder

Furthermore, the weapon-related data is entered on the back:

Number of firearms subject to approval that the owner of the WBK may acquire, own and import, as well as that he may acquire and own ammunition for handguns .
if necessary, official entries

or.

Number of weapons named under Section 17 (1) Z ... of the Weapons Act that the owner of the WBK may acquire, own and import

(Section 17 Prohibited Weapons in the Weapons Act 1996 - see web links → Decree on the WaffG 1996 of January 1, 2005 )

However, unlike in Germany, each individual weapon is not recorded with its serial number in the WBK, but only entered in a database at the competent approval authority. (see Obligations → Reports )

Withdrawal of the WBK

Gun ban

The authority can prohibit the possession of weapons and ammunition (Section 12 of the Weapons Ban in the Weapons Act 1996) if certain facts indicate that the Weapons Act has been violated.

Provisional gun ban

In the event of an acute threat of a violation of the Weapons Act, the organs of public supervision , i.e. the police , can secure firearms. A provisional weapons ban (Section 13 Provisional Weapons Prohibition in the Weapons Act 1996) then applies to affected persons for 4 weeks from the date of discussion or seizure.

Owner's Rights, Duties and Regulations

right

Through the WBK, the owner has the following rights:

Import, acquisition and possession of weapons requiring a license as defined in the Weapons Act 1996

Import, acquisition and possession of certain prohibited weapons within the meaning of the Weapons Act 1996

Definitions

↑ Revocation, expiry of the ZDP obligation, weapon ban. Retrieved November 29, 2019 .
↑ 8 / SN-90 / ME XXVI. GP - opinion on draft. P. 2 , accessed in 2019 .
↑ RIS - 1st Weapons Act Implementation Ordinance - consolidated federal law, version dated 01.12.2019. Accessed December 1, 2019 .
↑ RIS - W258 2147271-1 - Decision text - Federal Administrative Court (BVwG). Retrieved November 30, 2019 .
↑ Import: The purchase of a weapon that requires a license in accordance with the Weapons Act 1996 from a foreign (not Austrian) arms dealer. See also Weapons Act (Austria)
↑ Acquisition: The purchase of a weapon that requires a license in accordance with the Weapons Act 1996 from an Austrian arms dealer. See also Weapons Act (Austria)
↑ Possession: The possession (not the use) of a weapon that requires a license in the sense of the Weapons Act 1996, as well as acquisition and possession of ammunition for handguns. See also Weapons Act (Austria)

Duties

Through the WBK, the owner has the following obligations:

Proof of proper handling of weapons by z. B. a firearms license , a valid hunting card or lists of results from competitions which, however, must not be older than 6 months; Service ID of the Austrian Armed Forces
Obligation to report when purchasing a weapon that requires a license in accordance with the Weapons Act 1996
Obligation to report 20 or more firearms in close proximity to each other (further report if the number is doubled)
Obligation to report when large amounts of ammunition are stored (from 5,000 pieces in close proximity)

Regulations

Through the WBK, the owner must observe the following regulations:

The competent licensing authority must carry out a reliability review at least every 5 years. See also Weapons Act (Austria)

Web links

[1] Revocation, expiry of the ZDP obligation, weapon ban. Retrieved November 29, 2019 .

[2] 8 / SN-90 / ME XXVI. GP - opinion on draft. P. 2 , accessed in 2019 .

[3] RIS - 1st Weapons Act Implementation Ordinance - consolidated federal law, version dated 01.12.2019. Accessed December 1, 2019 .

[4] RIS - W258 2147271-1 - Decision text - Federal Administrative Court (BVwG). Retrieved November 30, 2019 .

[5] Import: The purchase of a weapon that requires a license in accordance with the Weapons Act 1996 from a foreign (not Austrian) arms dealer. See also Weapons Act (Austria)

[6] Acquisition: The purchase of a weapon that requires a license in accordance with the Weapons Act 1996 from an Austrian arms dealer. See also Weapons Act (Austria)

[7] Possession: The possession (not the use) of a weapon that requires a license in the sense of the Weapons Act 1996, as well as acquisition and possession of ammunition for handguns. See also Weapons Act (Austria)