Austria's Constitution: Right To Bear Arms?

The right to bear arms is a contentious issue, with only three countries in the world – the US, Mexico, and Guatemala – currently having a constitutional right to own a gun. Austria's gun laws are strict, with the country being ranked as the 14th most armed country in the world. Austrian law allows firearm possession on a shall-issue basis, with certain classes of shotguns and rifles available without a permit. The country's Waffengesetz (or Weapons Act) 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. The law divides firearms into three categories, with acquisition of category B and A weapons requiring a firearm license.

Austrian gun laws

Austria does not have a constitutional right to bear arms. However, Austrian law does allow 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.

From 1967 to 1996, a new law regulating handguns came into effect, granting law-abiding citizens the right to own handguns. In 1994, pump-action shotguns were banned, and in 1996, the Weapons Act was passed in accordance with EU law.

Austrian law divides firearms into three categories: Category C, Category B, and Category A. Category C includes repeating, revolving, and break-action rifles, as well as break-action shotguns and projectile-firing electroshock weapons. Category B covers handguns, repeating shotguns, and semi-automatic rifles. Category A is further subdivided into war material, including automatic firearms, armor-piercing weapons, and tanks, and restricted weapons, such as disguised firearms, knuckledusters, and blackjacks.

The process for acquiring firearms varies depending on the category. For Category C weapons, any non-prohibited Austrian citizen, EU national residing in Austria, or third-country national with permanent residence in Austria (with a special background check) can purchase them without a permit after a three-day background check. A good reason, such as self-defence, hunting, sport shooting, or collecting, must be provided during the registration process. There is no limit to the number of Category C weapons one can possess.

For Category B weapons, a firearm license (Waffenbesitzkarte) is required. Authorities issue licenses to non-prohibited citizens of the European Economic Area over 21 who can provide a good reason for the purchase, such as self-defence. This allows the purchase of up to two handguns. Authorities may also issue a license to individuals below 21, non-citizens of the EEA, or those seeking to own more than two handguns. Since 2019, individuals who have held a license for two Category B weapons for at least five years can obtain a license for up to five Category B weapons.

Category A weapons require additional exceptions for possession, except for suppressed weapons, which may be held by those with valid hunting licenses. War material, such as automatic firearms, typically requires a special federal permit granted only to approved collectors and experts.

Third-country nationals are eligible for a firearms license if they fulfil the necessary requirements and have permanent residence in Austria. Their permits are issued on a more restrictive may-issue basis and are valid for a limited period, requiring renewal.

The private sale of firearms is common in Austria. Sellers and buyers are required to sign a sale agreement disclosing legal names, residence address, weapon serial number, and other relevant details. Category C weapons purchased privately must be registered at a gun store within six weeks, while Category B and A weapons require the submission of the sale agreement to local authorities.

To expand a weapons license to over two Category B weapons, specific conditions must be met, such as having held a license for at least five years, being a member of a recognised sport shooting club, or being a firearms collector. Other cases are subject to a restrictive review process, usually resulting in rejection to prevent the build-up of civilian militia arsenals.

Carrying firearms in public generally requires a carry permit ("Waffenpass"), issued by the authorities based on the applicant's reason and eligibility. This permit includes the rights of a firearms license, allowing the holder to carry their weapons openly or concealed throughout the country, including in certain "weapon-free zones." However, the manner of carrying must not constitute a public nuisance.

Firearms owners are responsible for securely storing their weapons and ammunition to prevent unauthorised access. If an individual owns 20 or more firearms or a large quantity of ammunition (over 5,000 rounds), they must inform the authorities of the measures taken to ensure safe storage.

As of 2019, there were over 1 million registered firearms in Austria, with approximately 320,000 owners. However, it is estimated that there are also around 1.7 million unregistered and illegal firearms in the country.

Firearm categories

Austria's firearm laws are divided into three categories: Category C, Category B, and Category A.

Category C

Category C includes repeating, revolving, and break-action rifles; break-action shotguns; and projectile-firing electroshock weapons. These firearms can be purchased without a permit by any non-prohibited Austrian citizen, EU national residing in Austria, or a third-country national with permanent residence in Austria (subject to a special background check) who is over 18 years old. A three-day background check is required, and a good reason, such as self-defence, hunting, sport shooting, or collecting, must be provided during the registration process. There is no limit to the number of Category C weapons one can possess.

Category B

Category B includes handguns, repeating shotguns, and semi-automatic rifles. Acquiring these weapons requires a firearm license (Waffenbesitzkarte). Authorities will issue licenses to any non-prohibited citizen of the European Economic Area (EEA) who is over 21 years old and can provide a good reason for the purchase, such as self-defence. The license allows for the purchase of up to two handguns. Authorities may issue a license to individuals below 21 years old but over 18, non-citizens of the EEA, or those 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 an individual has held a license for two Category B weapons for five or more years.

Category A

Category A has two subcategories: war material and restricted weapons. War material includes automatic firearms, armour-piercing weapons, and tanks. Restricted weapons include weapons disguised as other objects, firearms that can be quickly disassembled for hunting or sport, 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. Acquiring Category A weapons requires further exceptions, except for 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.

Permits and licences

Austrian law divides firearms into three categories, each with its own licensing requirements.

Category C

Category C includes repeating, revolving, and break-action rifles; break-action shotguns; and projectile-firing electroshock weapons. 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 the background check. The law requires the owner to provide a good reason during the registration process, which can include self-defence at home, hunting, sport shooting, or collecting. There is no limit on the number of Category C weapons that one can possess.

Category B

Category B includes handguns, repeating shotguns, and semi-automatic rifles. Acquisition of category B weapons requires a firearm license ("Waffenbesitzkarte"). Authorities shall issue licenses to any non-prohibited citizen of the European Economic Area over 21 who has a good reason, such as self-defence at home, allowing the purchase of 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, the authorities shall issue a license for up to five category B weapons after a person has been in possession of a license for two category B weapons for five or more years.

Category A

Category A includes two subcategories: war material and restricted weapons. War material includes automatic firearms, armor-piercing weapons, and tanks. Restricted weapons include weapons disguised as other objects, firearms that can be disassembled quickly for hunting and sport, 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. Category A weapons 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 material like automatic firearms requires a further special federal permit, which is typically only granted to approved collectors and experts.

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. In this case, the firearms permit is not issued on a shall-issue basis but on a more lenient may-issue basis. 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

Carrying firearms in public generally requires a separate carry permit ("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 addition of the 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.

Transporting Firearms into Austria

Individuals without a place of residence in the European Union who do not have an Austrian or European firearms license require a permit according to Austrian weapons law to bring weapons into Austria. An application for this permit can be filed at the Austrian Embassy, with documents including substantiation for the purpose of the trip, a weapons permit issued by the home state authorities, and a certificate of good conduct (an FBI background check can be obtained from an FBI-approved institution). The permit authorizes the transport of the weapon(s) into Austria but does not grant the right to carry the weapon at all times. A separate permit, issued by the domestic authorities, is required to carry the weapon at all times.

History of Austrian gun laws

1853-1938

Austrian law allowed firearm possession on a shall-issue basis, with certain classes of shotguns and rifles available without a permit. The Waffenpatent allowed firearm ownership without a permit for any non-prohibited person, although carrying a firearm required a permit, which was issued to respectable citizens.

1938-1945

Nazi laws added restrictions on firearm ownership, prohibiting certain groups, including Jews, from owning firearms.

1945-1967

The previous law remained largely in effect, although the right of Jews to bear arms was restored.

1967-1996

A new law regulating handguns went into effect, allowing law-abiding citizens to own handguns.

1994

Pump-action shotguns were banned. A few hundred were turned in, 2,000 were registered and legalized, and around 40,000 disappeared and became illegal.

1996-Present

The Weapons Act was passed in accordance with EU law. The act defines weapons and firearms and divides firearms into three categories based on type and purpose. The act also sets out the requirements for acquiring, possessing, and carrying firearms, as well as restrictions on certain types of weapons.

Gun control

Category C includes repeating, revolving, and break-action rifles, as well as break-action shotguns and projectile-firing electroshock weapons. These can be purchased by any non-prohibited Austrian citizen, EU national residing in Austria, or a third-country national with permanent residence, over the age of 18, without a permit, following a three-day background check.

Category B 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 the age of 21, with a good reason for the purchase of up to two handguns.

Category A includes war material such as automatic firearms, armor-piercing weapons, and tanks, as well as restricted weapons like firearms disguised as other objects, shotguns with a barrel length shorter than 45 cm, and knuckledusters. Further exceptions are required for these weapons, except in the case of suppressed weapons, which may be held by those with valid hunting licenses.

Austria's gun laws have evolved over time, with the Waffenpatent allowing firearm ownership without a permit for any non-prohibited person from 1853 to 1938. During the Nazi era from 1938 to 1945, restrictions were added, prohibiting certain groups like Jews from owning firearms. After World War II, from 1945 to 1967, the previous law was largely restored, and the right of Jews to bear arms was reinstated. In 1967, a new law regulating handguns came into effect, recognizing the right of law-abiding citizens to own them. In 1994, pump-action shotguns were banned, and in 1996, the Weapons Act was passed in accordance with EU law.

While Austria has stringent gun control measures, it is worth noting that the right to bear arms is not explicitly mentioned in the Austrian constitution.

Frequently asked questions