Austria's Stance On The Right To Bear Arms

Austria's gun laws are categorised as restrictive. To obtain a weapon, one must undergo a series of tough background checks, acquire a weapon's license, and demonstrate sufficient security in storing the registered weapon. Civilians are not allowed to possess automatic firearms, firearms disguised as other objects, or armour-piercing, incendiary, and expanding ammunition. The minimum age for gun ownership is 18 years, or 21 for handguns, repeating shotguns, and semi-automatic firearms.

Gun control laws in Austria

Austria's gun control laws are strict and highly regulated. Austrian law allows firearm possession on a shall-issue basis, with certain classes of shotguns and rifles available without a permit. The country has one of the highest rates of civilian firearm possession in the world, with approximately 30 civilian firearms per 100 people, making it the 14th most armed country.

History of Gun Control Laws in Austria:

• 1853-1938: The Waffenpatent allowed firearm ownership without a permit for any non-prohibited person, but a carry permit was required and was issued to "respectable citizens."
• 1938-1945: Nazi laws added restrictions, prohibiting certain groups like Jews from owning firearms.
• 1945-1967: The previous law largely remained, and the right of Jews to bear arms was restored.
• 1967-1996: A new law regulating handguns came into effect, granting law-abiding citizens the right to own them.
• 1994: Pump-action shotguns were banned.
• 1996-present: The Weapons Act was passed in accordance with EU law, categorizing weapons and implementing strict controls.

Current Gun Control Laws in Austria:

Austria's gun control laws are outlined in the Waffengesetz (Weapons Act), which defines weapons and firearms and categorizes them for regulatory purposes:

• 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 war materials such as automatic firearms, armor-piercing weapons, and tanks, as well as restricted weapons like firearms disguised as other objects, knuckledusters, and suppressors.

The process for acquiring firearms varies depending on the category:

• Category C weapons can be purchased without a permit by any non-prohibited Austrian citizen, EU national with residence in Austria, or third-country national with permanent residence, after a three-day background check. A good reason, such as self-defense, hunting, sport shooting, or collecting, must be provided during registration, and there is no limit on the number of Category C weapons one can possess.
• Category B weapons require a firearm license (Waffenbesitzkarte). Authorities issue these licenses to any non-prohibited citizen of the European Economic Area over 21 who can provide a good reason, allowing the purchase of up to two handguns. Minors between 18 and 21 and non-EEA citizens may also be granted a license under certain conditions.
• Category A weapons require further exceptions, and war materials like automatic firearms demand a special federal permit, typically granted only to approved collectors and experts.

Additional Regulations:

• Third-country nationals with permanent residence in Austria can obtain a firearms license but on a more lenient may-issue basis for a limited period.
• Private sales of firearms are common, requiring a sale agreement with detailed information.
• Expanding a license to possess more than two Category B weapons is possible under specific conditions, such as being a member of a recognized sport shooting club or a firearms collector.
• Carrying firearms in public generally requires a carry permit ("Waffenpass"), which is issued on a shall-issue or may-issue basis depending on the applicant and reason. Austria makes no distinction between concealed or open carry with a permit, and holders must carry their weapons discreetly to avoid causing a public nuisance.
• Firearms and ammunition must be stored securely to prevent unauthorized access. There are no general storage requirements inside one's residence, but each owner is responsible for safe storage.
• As of 2019, there were over 1 million registered firearms in Austria, owned by about 6.5% of the population.

Comparison with Other Countries:

Austria's gun control laws are more stringent than those in countries like the United States, where most states do not require permits or licenses for acquiring firearms. Austria is similar to countries like Liechtenstein, the Philippines, and Switzerland, which are partially licensed, requiring permits only for handguns and semi-automatic weapons.

Austria's gun homicide rate

Austria's gun laws 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.

In 2022, there were 250 gun deaths in Austria, with an annual rate of 0.97 per 100,000 people. Of these, 12 were gun homicides, giving an annual rate of 0.13 per 100,000 people.

In 2020, there were 65 homicides by any means, with an annual rate of 0.72 per 100,000 people.

In 2019, there were 77 homicides by any means, with an annual rate of 0.86 per 100,000 people. Of these, 9 were gun homicides, giving an annual rate of 0.10 per 100,000 people.

In 2018, there were 86 homicides by any means, with an annual rate of 0.97 per 100,000 people. Of these, 8 were gun homicides, giving an annual rate of 0.09 per 100,000 people.

In 2017, there were 70 homicides by any means, with an annual rate of 0.79 per 100,000 people. Of these, 16 were gun homicides, giving an annual rate of 0.18 per 100,000 people.

In 2016, there were 54 homicides by any means, with an annual rate of 0.62 per 100,000 people. Of these, 9 were gun homicides, giving an annual rate of 0.10 per 100,000 people.

In 2015, there were 46 homicides by any means, with an annual rate of 0.53 per 100,000 people. Of these, 5 were gun homicides, giving an annual rate of 0.06 per 100,000 people.

In 2014, there were 45 homicides by any means, with an annual rate of 0.52 per 100,000 people. Of these, 9 were gun homicides, giving an annual rate of 0.10 per 100,000 people.

Gun ownership in Austria

Gun ownership laws vary from country to country, and Austria is no exception. In this country, gun laws and policies regulate the manufacture, sale, transfer, possession, modification, and use of firearms by civilians. Austria's gun laws are considered more liberal than those of its neighbouring countries.

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 globally, with approximately 30 civilian firearms per 100 people. The country's history with gun laws has fluctuated over the years, from the Waffenpatent of 1853-1938, which allowed firearm ownership without a permit for any non-prohibited person, to the Nazi laws of 1938-1945, which restricted firearm ownership for certain groups, including Jews. From 1945 to 1967, the previous law was largely reinstated, and the right of Jews to bear arms was restored.

Currently, Austria's gun laws are governed by the Waffengesetz (Weapons Act), which defines weapons and firearms and categorises them into three categories: Category C includes repeating, revolving, and break-action rifles, break-action shotguns, and projectile-firing electroshock weapons. Category B covers handguns, repeating shotguns, and semi-automatic rifles. Category A is further divided into two subcategories: war material, including automatic firearms, armour-piercing weapons, and tanks, and restricted weapons, including weapons disguised as other objects, firearms with faster disassembly capabilities, and short-barrelled shotguns.

Austrian citizens and residents can purchase firearms, but the process and requirements differ depending on the weapon's category. Non-prohibited Austrian citizens, EU nationals with Austrian residence, or third-country nationals with permanent residence in Austria and a special background check can buy Category C firearms without a permit after a three-day background check. However, 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 to the number of Category C weapons one can possess.

On the other hand, acquiring Category B weapons necessitates a firearm license (Waffenbesitzkarte). Authorities issue these licenses to any non-prohibited citizen of the European Economic Area (EEA) over 21 who can provide a good reason, such as self-defence at home. This license allows the purchase of up to two handguns. Authorities may also issue a license to individuals below 21 but over 18, non-EEA citizens, or those seeking to own more than two handguns. Since 2019, authorities have been mandated to issue licenses for up to five Category B weapons if the applicant has held a license for two such weapons for at least five years.

Category A weapons demand further exceptions for their possession, except for suppressed weapons, which may be held by those with valid hunting licenses. War materials like automatic firearms typically require a special federal permit, usually granted only to approved collectors and experts. Third-country nationals can obtain a firearms license if they fulfil the requirements for a Waffenbesitzkarte and have permanent residence in Austria. However, their permits are issued on a "may-issue" basis for a limited time and must be renewed.

The private sale of firearms is common in Austria. When selling privately, individuals must sign a sale agreement that includes details such as legal names, residence address, and the weapon's serial number. Category C weapons purchased privately must be registered at a gun store within six weeks of purchase. Category B and A weapons bought privately require the buyer to submit the sale agreement to their local authority.

Expanding a license to more than two Category B weapons is possible under specific conditions. These include having held a license for at least five years, being a member of a recognised sport shooting club and participating regularly in competitions, or being a firearms collector for cultural, historical, technical, scientific, or preservation reasons. Any other case is subject to a restrictive "may-issue" review process, typically resulting in rejection to avoid the build-up of civilian militia arsenals.

Carrying firearms in public generally necessitates a carry permit ("Waffenpass"), issued by the authorities on a "shall-issue" or "may-issue" basis, depending on the applicant and their reason for carrying a weapon. Notably, Austrian law does not differentiate between concealed or open carry. However, holders must carry their weapons responsibly and avoid causing a public nuisance.

Firearms and ammunition must be stored securely to prevent unauthorised access. While there are no general storage requirements for firearms and ammunition inside residences, each gun owner is responsible for ensuring safe storage. As self-defence is a recognised reason for owning firearms, storing loaded firearms at home is permitted. However, individuals with 20 or more firearms in a confined area or a large quantity of ammunition (over 5,000 rounds) must inform the authorities about the measures taken to ensure safe storage.

As of 2019, there were 1,068,582 registered firearms in Austria, owned by 320,352 people (approximately 6.5% of the population). Of these, 198,834 had Category B firearm licenses, and 74,527 (0.8% of the population) had carry permits. Additionally, 75,526 people (0.8% of the population) were prohibited from owning firearms. Estimates suggest that there are approximately 1,740,000 unregistered and illegal firearms in the country.

Gun culture in Austria

Austria has a relatively high rate of gun ownership, with around 31 guns per 100 people. In comparison, the US has 120 guns per 100 people, while Germany has 20. Despite this, Austria is considered a safe country. This may be due to its strict gun laws and the fact that gun culture is not widely accepted throughout the country.

In Austria, smoothbore shotguns are unregulated, likely because hunting is a popular pastime, especially in mountainous regions like Tyrol. However, in cities such as Vienna, hunting is less common, and shotguns are not viewed as a home defence device as they are in the US. In addition, tear gas guns are unregulated, but they are rarely carried by Austrians. Carrying handguns for self-defence requires a rarely given permit and goes against cultural norms in Vienna.

Gun laws in Austria are stricter than in the US, where gun laws vary by state. In Austria, obtaining a weapon requires passing a series of background checks, obtaining a weapons licence, and demonstrating safe storage practices for the registered weapon. Even with a licence, the regulations surrounding gun ownership are strict.

Interviews with Austrians reveal differing personal opinions on guns. Some Austrians view guns with a noticeable dislike, believing that they are unnecessary and that their presence does not make them feel safer. They argue that if they felt unsafe, they would move to a safer location rather than purchase a weapon. Others view guns with pride, having been raised around them, and own guns for hunting and personal enjoyment.

Overall, Austrians generally view guns with caution. They believe that their country's needs are different from those of the US, where guns are often viewed as a necessity. Austrians also tend to believe that a world with more guns is not a safer world.

Austria's gun export laws

Austria's gun laws are considered to be relatively strict compared to other countries. The country's gun legislation is called the Waffengesetz (Weapons Act), which defines weapons as objects that are designed to directly eliminate or reduce the ability of people to attack or defend themselves or for firing projectiles during hunting or sport shooting.

Austrian law divides firearms into three categories:

• Category C 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) over 18. There is no limit on the number of Category C weapons one can possess.
• Category B includes handguns, repeating shotguns, and semi-automatic rifles. Acquiring these weapons requires a firearm license (Waffenbesitzkarte). Authorities will issue these licenses to any non-prohibited citizen of the European Economic Area over 21 who has a good reason for owning the weapon, such as self-defence at home.
• 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 quickly, and knuckledusters. These weapons require further exceptions to be granted to owners, except in the case of suppressed weapons, which may be held by those with valid hunting licenses.

Third-country nationals are eligible for a firearms license as long as they fulfill the necessary requirements to obtain a Waffenbesitzkarte and have permanent residence in Austria. In this case, the firearms permit is issued on a may-issue basis, rather than a shall-issue basis, and is valid for a limited time.

When it comes to the private sale of firearms, Austrian law requires that persons selling weapons sign a sale agreement that includes details such as the legal names of those involved and the serial number of the weapon. Category C weapons purchased privately must be registered at a gun store within six weeks of purchase, while Category B and A weapons must be submitted to the local authority.

Additionally, Austria has laws regulating the carrying of firearms in public. To carry a firearm, one must obtain a carry permit ("Waffenpass"), which is issued by the authorities on a shall-issue or may-issue basis, depending on the reason and applicant. This permit allows the holder to carry their weapon(s) throughout the country, including in certain "weapon-free zones," as long as it does not constitute a public nuisance.

Regarding the import and export of firearms, there are several restrictions in place. For example, carrying a firearm and its ammunition from EU countries, Switzerland, or Liechtenstein into Austria or vice versa requires a European Firearms Pass and a permit to carry that particular weapon. An exception is made for hunters and sports shooters, who only need the European Firearms Pass if they can prove that hunting or shooting is the reason for their trip. Travellers domiciled outside of Austria must carry a permit for the possession of firearms that require official authorisation, which can be obtained from Austrian representative authorities abroad. There is also a general ban on the import of certain weapons, such as pump-action shotguns and knuckledusters.

Frequently asked questions