Open Carry In Austria: What's The Law?

Austria has some of the most relaxed gun laws in the European Union. While the right to private gun ownership is not guaranteed by law, Austrian citizens over the age of 18 can freely buy and own certain types of shotguns and semi-automatic rifles for sport and hunting. However, there are strict requirements and regulations in place for gun ownership, and the laws regarding open carry are no exception.

Austria's gun laws are categorised as restrictive, and the Federal Minister of Interior regulates firearms in the country. Carrying a gun in a public place is regulated by law, and carrying a firearm in plain view in a public place is allowed, but only with a valid permit. To obtain this permit, one must pass a background check that considers criminal and mental health records. Additionally, there is a minimum age requirement for gun ownership, which is 18 years old for most firearms and 21 years old for handguns, repeating shotguns, and semi-automatic firearms.

The process of obtaining a gun licence in Austria involves several steps, including submitting to a background check, completing an interview with the police, passing a psychological test, and undergoing a shooting course. The entire process can cost upwards of 400 Euros. These stringent measures suggest that casual participation in shooting sports is rare, except for those with the financial means to spend on the process.

While Austria has relatively relaxed gun laws compared to other European countries, it is important to note that automatic weapons are banned, in line with the minimum standards that apply across the EU.

Firearm licences for non-residents

Austria is considered to have the most relaxed gun laws in the European Union. Austrian law allows firearm possession on a shall-issue basis with certain classes of shotguns and rifles available without a permit.

Non-residents of Austria who are travelling to the country and wish to possess a firearm will need a licence. This can be obtained from the Austrian Consulate in New York or from Austrian representative authorities abroad. This requirement is stipulated in § 39 of the Austrian law on firearms (Waffengesetz).

For category C and D firearms, which include most hunting weapons, there are no import or transit restrictions from non-EU countries (except for Switzerland and Liechtenstein). However, there is a general ban on the import of certain weapons, including pump-action shotguns and knuckledusters.

To carry a firearm and the ammunition intended for use with it from EU countries, Switzerland or Liechtenstein into Austria or vice versa, a European Firearms Pass in which the firearm is entered, plus a permit to carry that particular weapon, is required. Hunters and sports shooters are exempt from this requirement as long as they can prove that hunting or shooting is the reason for their trip.

Firearm registration

Austria has strict laws regarding firearm registration, which is mandatory for all firearms owners. The country has a relatively high rate of gun ownership, with approximately 30 civilian firearms per 100 people, making it the 14th most armed country globally. Austrian citizens must register their firearms with the government, and there are specific requirements and processes to obtain a gun license.

Requirements for Gun Ownership in Austria:

• Austrian citizens or residents must be at least 18 years old to own a firearm. For handguns, the minimum age is 21.
• A valid passport from the EEA is required.
• Individuals must undergo a background check, including criminal and mental health record checks.
• A psychological evaluation is mandatory and is conducted by licensed doctors.
• Applicants must provide a good reason for gun ownership, such as self-defence, hunting, sport shooting, or collecting.

Registration Process:

• After fulfilling the requirements, individuals can apply for a gun license, officially known as the "Waffenbesitzkarte" (Weapon Ownership Card).
• The application process involves submitting the necessary documents to the local police.
• Required documents include a psychological evaluation, proof of citizenship, a passport photo, and proof of academic degree (if desired).
• There is a fee associated with the application, currently set at EUR 74.40.

Firearm Storage and Transportation:

• Gun owners are responsible for securely storing their firearms and ammunition to prevent unauthorised access.
• There are no general storage requirements for firearms and ammunition inside residences, but owners must ensure safe storage.
• Firearms and ammunition must be stored separately.
• Firearms can be transported, but they must be unloaded and stored securely during transit.

Firearm Import and Export:

• Austria has strict regulations regarding the import and export of firearms and ammunition.
• Individuals without an Austrian or European firearms license need a permit to bring weapons into the country.
• This permit can be obtained from the Austrian Embassy by providing specific documentation, including a valid reason for the trip and a weapons permit from their home state.
• The permit allows the transport of weapons into or through Austria but does not grant the right to carry them at all times.

Firearm Sales and Transfers:

• Austria allows the private sale of firearms, but strict rules govern the process.
• For Category C weapons, private sales must be registered at a gun store within six weeks of purchase, and no waiting period is required.
• For Category B and A weapons, the purchasing party must submit the sale agreement to their local authority promptly.

Firearm License Renewal and Expansion:

• Firearm licenses are subject to renewal and can be expanded under specific conditions.
• Renewal may be required at regular intervals, and proof of regular practical training may be mandated.
• The license can be expanded to include more than two Category B weapons if the owner has held a license for at least five years or is a member of a recognised sport shooting club or a firearms collector.

Austria has a comprehensive firearm registration process with strict regulations. The laws aim to ensure that gun ownership is well-regulated and that firearms are used and stored safely, helping to maintain public safety and security.

Firearm categories

Austria's firearm laws are categorised as restrictive. The country's firearm categories are as follows:

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, and there is no limit to the number of Category C weapons one can possess. However, owners are required to provide a good reason for owning them, such as self-defence, hunting, sport shooting, or collecting.

Category B

This includes handguns, repeating shotguns, and semi-automatic rifles. Acquiring a firearm license (Waffenbesitzkarte) is necessary to purchase weapons in this category. Authorities will issue licenses to any non-prohibited citizen of the European Economic Area (EEA) over 21 who has a good reason for owning the gun. Self-defence is considered a valid reason. The license permits the purchase of up to two handguns. After five years, the license can be expanded to include five weapons.

Category A

Category A is further divided into two subcategories:

War Material

This includes automatic firearms, armour-piercing weapons, and tanks. A special federal permit is required to obtain these weapons, and they are typically only granted to approved collectors and experts.

Restricted Weapons

Restricted weapons include weapons disguised as other objects; firearms that can be disassembled quickly; shotguns with an overall length of less than 90 cm or a barrel length shorter than 45 cm; pump-action shotguns; suppressors and firearms with suppressors; knuckledusters; blackjacks; and steel rods.

Firearm acquisition

Licensing Requirements:

Firstly, individuals seeking to acquire a firearm in Austria must obtain a license. The specific type of license depends on the category of the firearm. Firearms are classified into different categories, with distinct requirements and restrictions:

• Class A firearms: These are weapons of war, including fully automatic weapons and short-barrelled rifles. Class A firearms are forbidden for civilian ownership.
• Class B firearms: This category includes handguns and semi-automatic rifles. To possess a Class B firearm, individuals need an owner's card (Waffenbesitzkarte) or a weapons card (Waffenpass). The owner's card permits ownership and transport to and from a shooting range, while the weapons card allows carrying the firearm on one's person.
• Class C firearms: This class includes single-shot long arms, typically shotguns or small bore rifles used for hunting small game. Class C firearms require the purchaser to be over 18 years old and pass a background check.
• Antique firearms: Firearms manufactured before 1871, including black powder firearms, are considered antiques. These do not require any registration or license.

Additional Requirements for Class B Firearms:

To obtain a license for a Class B firearm, individuals must fulfil the following requirements:

• Be over 18 years of age.
• Have no criminal record.
• Undergo an interview by the police.
• Pass a psychological test administered by the government.
• Complete a shooting course.
• Pay the associated costs, which can exceed 400 Euros.

Limitations on Firearm Acquisition:

Even with the appropriate license, there are limitations on the number of firearms an individual can possess. For example, the acquisition of handguns is initially limited to two, with a maximum of nine in total, but only two more can be acquired every five years.

Registration Requirements:

Upon finding a licensed dealer or gunsmith, the purchaser must complete another background check. After passing, the dealer must register the sale within six weeks with the central weapons registry (*Zentrales Waffenregister*).

Storage Requirements:

Owners of Class B weapons are required to store them securely in a locked "weapon" box, with ammunition stored separately. The police conduct surprise inspections to ensure compliance with these storage requirements.

Import and Transit Restrictions:

Austria also imposes restrictions on the import and transit of certain types of firearms. While there are no restrictions on most hunting guns, the import of weapons such as pump-action shotguns and knuckledusters is strictly forbidden.

Firearm storage

Firearms and ammunition must be stored securely and in a reasonable manner to prevent unauthorized access. As self-defence is a recognised reason for owning firearms, keeping firearms stored in a loaded condition at home is allowed.

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

Frequently asked questions