Central arms register

from Wikipedia, the free encyclopedia

The Austrian Central Arms Register ( ZWR ) is used for national arms control and arms control throughout Germany. It is operated and maintained by the Federal Ministry of the Interior .

European Union

The basis for the Central Arms Register in Austria as an EU member state is Article 4 Paragraph 4 of EU Directive 2008/51 / EC of the European Parliament and the Council of May 21, 2008 amending Directive 91/477 / EEC. The directive stipulates that the EU member states must introduce a computer-aided, centrally or decentrally set up weapons register by December 31, 2014 at the latest and keep it up to date at all times.

The RL 2008/51 / EG and the amendment of the RL 91/477 / EWG became necessary according to the decision 2001/748 / EG because the European Community (now European Union) the protocol concerning the fight against the unauthorized manufacture of and the illicit trade with firearms, parts of firearms and ammunition signed the United Nations Convention against Transnational Organized Crime on January 16, 2002.

This accession made it necessary to amend certain provisions of Directive 91/477 / EEC. This was done by the RL 2008/51 / EG.

Operation and registration

business

The Central Arms Register was officially put into operation in Austria on October 1, 2012 (ZWR-Neu). Firearms of all categories (A – D) are to be registered in the Central Weapons Register, whereby different deadlines apply for this registration.

Registration requirement

Weapons of category A and B are already automatically registered by the weapons authorities. Weapons of category C and D must be registered by the weapon owner or an authorized representative . The authorized body (weapons dealer) issues a registration confirmation about the registration. If category C or D weapons are acquired by persons whose center of life is in another member state of the European Union , the trader must notify the authority via remote data transfer. In this case, the authority must inform the country of residence of the person concerned about the registration of the weapon.

Forward capture

Pursuant to Section 33 (1) WaffG, all firearms in categories C and D must be registered with an authorized agency (weapons dealer) within six weeks of purchase. If the possession of a firearm originated abroad, the obligation to register in accordance with Section 44 (1) or (2) WaffG arises when this weapon is brought into Austria or imported. Registration with a weapons dealer is chargeable.

Backward detection

Category C weapons that are already legally in the possession of a person resident in Austria must be registered with an authorized body by 30 June 2014 at the latest. Reports made to weapons dealers before October 1, 2012 must be re-entered in the Central Arms Register.

Category D weapons that are already legally in the possession of a person resident in Austria can be registered voluntarily at any time. However, category D weapons must be registered by the purchaser (or an authorized representative) no later than October 1, 2012 when the next sale is made with an authorized body. Registration with a weapons dealer is chargeable.

In the first four months of operation of the Central Arms Register, more than 30,000 firearms were registered, of which over 90% were at authorized arms dealers.

Since January 1, 2019, shotguns purchased before 2012 must also be registered retrospectively.

Online registration and inquiry

For the online registration of category C weapons, registration with the citizen card or mobile phone signature was required. Registering category C weapons online was free. The status of your (own) firearms can also be called up online using a mobile phone signature or citizen card. You can print out the registration confirmation according to Section 33 (10) WaffG yourself.

From October 1, 2012 to January 30, 2013, around 10 percent (around 3,000 weapons) of all registered weapons were registered online.

No registration requirement

Air pistols up to caliber 6 mm and air rifles up to caliber 6 mm do not have to be registered in the central weapon register.

Weapons that were rendered unusable before October 1, 2012 and are not war material are generally not subject to registration.

Duty to give reasons

On the occasion of the registration, the registrant must provide a reason for the possession of firearms of categories C or D. A justification is to be assumed in particular if the person concerned announces that he wants to keep it ready for self-defense within residential or business premises or his fenced-in property, that he wants to use it for hunting, shooting or for a collection; Just the will to want to own the firearm is not a valid justification.

Data volume

An essential part of the central component of the Central Arms Register is an automated database. The relevant data is recorded in this database.

  • Data of the responsible weapons authority (e.g. name, address),
  • Personal data (e.g. name, address, date / place of birth, nationality),
  • Data for permission,
  • Data on the weapon (e.g. manufacturer, model; but also standardized catalog values, e.g. on the weapon category and caliber designation),

See also

literature

  • 1. Albrecht, Legal Framework for the Establishment of a Computer-Aided National Arms Register, VBlBW 2010, 274 ff. (Germany)
  • 2. Albrecht, National Arms Register to come into force in 2012, MMR-Aktuell 2011, 321101. (Germany)

Web links

Individual evidence

  1. ↑ According to the first recital of Directive 2008/51 / EC, Directive 91/477 / EEC was an accompanying measure to create the internal market. On the one hand, it guarantees the free movement of certain firearms in the Community, but on the other hand, this free movement is also restricted by certain safety precautions specifically for these goods. EU Directive 2008/51 / EC of the European Parliament and of the Council of May 21, 2008 amending Council Directive 91/477 / EEC on control of the acquisition and possession of weapons - consulted on March 2, 2013
  2. ^ Decision of the Council of October 16, 2001.
  3. ↑ Category A: prohibited firearms (e.g. forend repeater shotgun - "pump gun") and war material. Category B: handguns (revolvers, pistols), semi-automatic firearms and repeating shotguns. Category C: Rifles (rifles with at least one rifled barrel. After each shot must be reloaded manually.). Category D: Shotguns (rifles with exclusively smooth barrels. After each shot, they must be reloaded manually.). According to Recital 18 of Directive 2008/51 / EC, the EU member states can simplify the classification of weapons from four to two categories (prohibited firearms and firearms requiring a license). In Austria, with the amendment to the Weapons Act 2010, a mixed system was introduced and only categories C and D were combined (which, however, are still formally separated in the Weapons Act - Category A - Sections 17 and 18; Category B - Sections 19 to 23; Categories C. and D - Sections 30 to 35 WaffG).
  4. ↑ The possession either for a fee or for longer than six weeks is equal to ownership of the weapon with regard to the registration obligation - Section 33 (8) of the Weapons Act.
  5. ↑ Weapons dealers within the meaning of the Central Arms Register are persons who are authorized to trade in non-military firearms. In connection with the registration, these are subject to the Data Protection Act 2000 (DSG 2000), ÖBGBl I No. 165/1999.
  6. ↑ Section 33 (2) of the Weapons Act. The authorized bodies (weapons dealers) are subject to the instructions of the Federal Minister of the Interior, Section 32 (2) WaffG, when performing these registration tasks.
  7. ↑ Weapons Act 1996, ÖBGBl I No. 12/1997
  8. ↑ Section 33 (9) of the Weapons Act.
  9. ↑ Section 58 (3) of the Weapons Act.
  10. ↑ https://www.wko.at/Content.Node/error/404.html/wk/format_detail.wk?angid=1&stid=718481&dstid=681&cbtyp=1&titel=Waffenfachhandel (link not available)
  11. ↑ Norbert Rief: New gun law: Kickl plans knife ban for asylum seekers. In: diepresse.com. October 5, 2018, accessed on January 17, 2019.
  12. ↑ § 2 Z 10 of the E-Government Act (E-GovG), ÖBGBl I No. 10/2004.
  13. ↑ Registration of weapons in the Central Weapons Register (ZWR). In: help.gv.at. Federal Chancellery , accessed on September 26, 2017 .
  14. ↑ https://www.wko.at/Content.Node/error/404.html/wk/format_detail.wk?angid=1&stid=718481&dstid=681&cbtyp=1&titel=Waffenfachhandel (link not available)
  15. ↑ Section 58 (5) of the Weapons Act
  16. ↑ Section 33 (3) of the Weapons Act.