Gun Laws In Austria: What's The Legal Status?

Gun laws in Austria are categorised as restrictive. The right to private gun ownership is not guaranteed by law, and civilians are not allowed to possess automatic firearms, firearms disguised as other objects, or armour-piercing, incendiary and expanding ammunition. However, Austrian law allows firearm possession on a shall-issue basis with certain classes of shotguns and rifles available without a permit. With approximately 30 civilian firearms per 100 people, Austria is the 14th most armed country in the world.

Firearm categories and requirements

Austrian law divides firearms into three categories:

Category C

This includes repeating, revolving, and break-action rifles; break-action shotguns; and projectile-firing electroshock weapons. These weapons can be purchased without a permit by any non-prohibited Austrian citizen, EU national with residence in Austria, or a third-country national with permanent residence in Austria (with a special background check) who is over 18. A three-day background check is required, and the owner must provide a valid reason for the purchase during the registration process. Good reasons according to the law include self-defence at home, hunting, sport shooting, and collecting. There is no limit on the number of Category C weapons that can be possessed.

Category B

This includes handguns, repeating shotguns, and semi-automatic rifles. Acquiring these weapons requires a firearm license, which authorities shall issue to any non-prohibited citizen of the European Economic Area over 21 who has a good reason, such as self-defence, to own up to two handguns. Authorities may issue a license to a person below 21 but over 18, a non-citizen of the EEA, or a person seeking to own more than two handguns. Since 2019, authorities have been able to issue a license for up to five Category B weapons after a person has held a license for two Category B weapons for five or more years.

Category A

This category has two subcategories:

• War Material: includes automatic firearms, armour-piercing weapons, and tanks.
• Restricted Weapons: includes weapons disguised as other objects, firearms that can be disassembled faster than usual for hunting and sport, shotguns shorter than 90 cm in length or with a barrel shorter than 45 cm, pump-action shotguns, suppressors and firearms with suppressors, knuckledusters, blackjacks, and steel rods.

Category A weapons require further exceptions to be granted to holders, except in the case of suppressed weapons, which may be held by those with valid hunting licenses. War materials like automatic firearms require a special federal permit, which is typically only granted to approved collectors and experts.

Additional Requirements

Third-Country Nationals

Third-country nationals are eligible for a firearms license as long as they fulfil all the necessary requirements to obtain a Waffenbesitzkarte and have permanent residence in Austria. The permit is not issued on a shall-issue basis but on a lenient may-issue basis and will be issued for a limited time (1, 3, or 5 years) and will need to be renewed after expiry.

Private Sale of Firearms

The legal private sale of firearms in Austria is common practice. Persons selling firearms privately are required to sign a sale agreement that includes details such as legal names, residence address, and the serial number of the weapon. When Category C weapons are purchased privately, they need to be registered at a gun store by showing the sale agreement within 6 weeks of purchase. When Category B and A weapons are purchased privately, the purchasing party must submit the sale agreement to their local authority.

Carrying Firearms in Public

Carrying firearms in public generally requires a carry permit (or "Waffenpass"). Carry permits are issued by the authorities on a shall-issue or may-issue basis, depending on the reason and applicant. Austrian law makes no distinction between concealed or open carry; with a carry permit, the holder may carry their weapon(s) freely throughout the whole country and even in certain "weapon-free zones." However, holders must carry their weapons in a way that does not constitute a public nuisance.

Storage of Firearms

Firearms and ammunition must be stored securely and reasonably to prevent unauthorized access. There are no general storage requirements for firearms and ammunition inside one's own residence, and each gun owner is responsible for keeping their firearms and ammunition stored securely. As self-defence is a recognized reason for owning firearms, keeping firearms stored in a loaded condition at home is allowed. However, if someone has 20 or more firearms stored in a close area or a large quantity of ammunition (more than 5,000 rounds), they must inform the appropriate authorities of the measures they have taken to ensure safe storage and protection against unauthorized access.

Importing and exporting firearms

The import and export of firearms in Austria are subject to various restrictions and requirements. The specific regulations depend on the category of the firearm, the country of origin or destination, and the purpose of the firearm. Here is an overview of the key considerations for importing and exporting firearms in Austria:

Importing Firearms into Austria

For individuals residing in Austria, the import of Category B firearms and ammunition from a third country (non-EU country) is permitted if they hold a weapon passport or a gun ownership card. If an individual does not have a place of residence in Austria, they must apply for a permit in the form of a certificate, which is valid for up to three months.

There are no restrictions on the import of Category C firearms from third countries. However, it is important to note that Switzerland and Liechtenstein are treated as EU member states, not third countries, in terms of weapons law.

When importing firearms from EU member states, Switzerland, or Liechtenstein, a permit is required. The Firearms Authority can grant the necessary import permit upon request, provided that the owner is entitled to possess the firearms or ammunition in Austria.

It is important to note that there is a general ban on the import of certain weapons, such as pump-action shotguns and knuckledusters, into Austria.

Exporting Firearms from Austria

Exporting firearms from Austria to a third country is generally possible under Austrian firearms law. However, the destination country's firearms law may impose specific requirements, such as the submission of additional documents. It is recommended to consult the relevant Austrian representative authority abroad or the foreign representative authority in Austria before exporting firearms.

If the firearms being exported are defence goods as defined by the Foreign Trade Act 2011 or the Firearms Regulations (EU) No. 258/2012, the export to third countries typically requires approval. Additionally, the export of defence goods, including pistols and hunting rifles, to countries under an arms embargo is prohibited. Hunters and sport shooters should be particularly aware of the legal requirements when travelling with firearms to embargoed countries.

When exporting firearms to another EU member state, Switzerland, or Liechtenstein, an export permit is required. This can be obtained from the Firearms Authority, and it is important to ensure that the owner is permitted to possess the firearms in the destination country.

Firearm storage regulations

Gun laws in Austria are relatively relaxed compared to other European countries. Austrian law allows firearm possession on a shall-issue basis, with certain classes of shotguns and rifles available without a permit. However, firearm storage regulations are strict and non-compliance can result in severe penalties.

Firearm owners in Austria are responsible for keeping their firearms and ammunition stored securely and safely. While there are no general storage requirements for firearms and ammunition inside one's residence, owners must store them in a way that prevents unauthorised access. This means that firearms should be locked away and ammunition stored separately. Owners of Class B weapons, which include handguns and semi-automatic rifles, are required to store them in a locked "weapon" box.

Surprise inspections by the police ensure compliance with these regulations. If an individual is found to be in breach of the storage regulations, their weapons may be confiscated, and their permits revoked, regardless of the cost incurred in acquiring the firearms or the permit.

Individuals who own 20 or more firearms stored in a close area, or a large quantity of ammunition (more than 5,000 rounds), must inform the appropriate authorities of the measures they have taken to ensure safe storage and protection against unauthorised access, such as by installing a gun safe. They must notify the authorities again when the number of firearms stored in the same area has doubled since the last communication.

Antique firearms, such as those manufactured before 1871, are exempt from these regulations as they do not require any registration.

Firearm licences and permits

Austrian law allows firearm possession on a shall-issue basis, with certain classes of shotguns and rifles available without a permit. The country is the 14th most armed country in the world, with approximately 30 civilian firearms per 100 people.

Austrian law divides firearms into three categories:

• Category C includes repeating, revolving, and break-action rifles; break-action shotguns; and projectile-firing electroshock weapons.
• Category B includes handguns, repeating shotguns, and semi-automatic rifles.
• Category A includes two subcategories: war material, such as automatic firearms, armour-piercing weapons, and tanks; and restricted weapons, such as weapons disguised as other objects, firearms that can be disassembled faster than usual for hunting and sport shooting, short shotguns, suppressors, and knuckledusters.

Any non-prohibited Austrian citizen, EU national with residence in Austria, or a third-country national with permanent residence in Austria (with a special background check) over 18 can buy firearms from Category C without a permit after a three-day background check. People with a valid Category B license or hunting permit are exempt from this background check. The law requires the owner to provide a good reason during the registration process, such as self-defence at home, hunting, sport shooting, or collecting. There is no limit on the number of Category C weapons that one can possess.

Acquisition of Category B weapons requires a firearm license (Waffenbesitzkarte). Authorities shall issue these licenses to any non-prohibited citizen of the European Economic Area over 21 who has a good reason (law stipulates self-defence at home as a good reason) for up to two handguns. Authorities may issue a license to a person below 21 but over 18, non-citizen of the EEA, or a person seeking to own more than two handguns. Since 2019, the authorities shall issue a license for up to five Category B weapons after a person has held a license for two Category B weapons for five or more years.

Category A weapons require further exceptions to be granted to holders, except in the case of suppressed weapons, which may be held by those with valid hunting licenses. War materials like automatic firearms require a special federal permit, which is typically only granted to approved collectors and experts.

Third-country nationals are eligible for a firearms license as long as they fulfill all the necessary requirements to obtain a Waffenbesitzkarte and have permanent residence in Austria. In this case, the permit will be issued for a limited time (1, 3, or 5 years) and will need to be renewed after expiry.

Carrying firearms in public generally requires a carry permit (or "Waffenpass"). Carry permits are issued by the authorities on a shall-issue or may-issue basis, depending on the reason and applicant. It is not necessary to have an additional firearm license as the Austrian carry permit includes all the rights of a firearms license, with the added right to carry those firearms. Austrian law makes no distinction between concealed or open carry; with a carry permit, the holder may carry their weapon(s) freely throughout the whole country and even in certain "weapon-free zones". However, holders must carry their weapons in a way that does not constitute a public nuisance.

Firearm laws and restrictions

Austrian law allows firearm possession on a shall-issue basis, with certain classes of shotguns and rifles available without a permit. With approximately 30 civilian firearms per 100 people, Austria is the 14th most armed country in the world. Austrian citizens, EU nationals with residence in Austria, or third-country nationals with permanent residence in Austria, can buy firearms from Category C without a permit after a three-day background check. The law requires the owner to provide a good reason during the registration process, such as self-defence at home, hunting, sport shooting, or collecting. There is no limit on the number of Category C weapons that one can possess.

Acquiring a Category B weapon requires a firearm license, which authorities shall issue to any non-prohibited citizen of the European Economic Area over 21 who has a good reason, allowing the purchase of up to two handguns. A license may also be issued to a person below 21 but over 18, a non-citizen of the EEA, or a person seeking to own more than two handguns. Since 2019, authorities have been able to issue a license for up to five Category B weapons after a person has held a license for two Category B weapons for five or more years.

Category A weapons, which include automatic firearms, require further exceptions to be granted for holders, except in the case of suppressed weapons, which may be held by those with valid hunting licenses. War materials like automatic firearms require a special federal permit, which is typically only granted to approved collectors and experts.

Third-country nationals are eligible for a firearms license as long as they fulfill all the necessary requirements and have permanent residence in Austria. The permit will be issued for a limited time and will need to be renewed after expiry.

The private sale of firearms is common in Austria. When selling privately, persons are required to sign a sale agreement with details such as legal names, residence address, and the serial number of the weapon. When Category C weapons are purchased privately, they need to be registered at a gun store by showing the sale agreement within six weeks of purchase. When Category B and A weapons are purchased privately, the purchasing party must submit the sale agreement to their local authority.

Carrying firearms in public generally requires a carry permit, which is issued by the authorities on a shall-issue or may-issue basis, depending on the reason and applicant. Austrian law makes no distinction between concealed or open carry; with a carry permit, the holder may carry their weapon(s) freely throughout the country and even in certain "weapon-free zones". However, holders must carry their weapons in a way that does not constitute a public nuisance. Firearms and ammunition must be stored securely to prevent unauthorized access. There are no general storage requirements for firearms and ammunition inside one's own residence, and each gun owner is responsible for keeping their firearms and ammunition stored securely. As self-defence is a recognized reason for owning firearms, keeping firearms stored in a loaded condition inside one's habitation is allowed. However, if someone has 20 or more firearms stored in a close area or a large quantity of ammunition (more than 5,000 rounds), they must inform the appropriate authorities of the measures they have taken to ensure safe storage and protection against unauthorized access.

Frequently asked questions