194. Regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection on the placing on the market of soft-weapons and paintball markers (Softair weaponry ordinance 2013-SWV 2013)

Due to § 11 of the Product Safety Act 2004, BGBl. I n ° 16/2005, shall be arranged:

Scope

§ 1. The subject of this Regulation is

1.		Softair weapons (soft guns), which are imitating real firearms, and
2.		Paintball Markers,
that neither the 1996 Weapons Act, BGBl. I n ° 12/1997, as amended, are still subject to toys within the meaning of the Toy Regulation 2011, BGBl. II No 203/2011 in the current version.

Restrictions on placing on the market

§ 2. (1) The sale and supply of soft-arms and paintball marksmen according to § 1

1.		to persons under 18 years of age,
2.		on markets and market-like events, and
3.		in self-service
is prohibited.

(2) In case of doubt, the trader and the persons employed in the holding shall, in order to determine the age in accordance with paragraph 1, have the presentation of an official photo ID or a special youth card, which shall be based on the respective national legal provisions. Provisions for the protection of minors are suitable for the detection of age. In distance sales, proof of age is to be provided by transmitting the copy (scan) of an official photo ID card, the copy may be used exclusively for the age check, and by the trader in connection with Email address and payment data for plausibility check is to be checked.

(3) Softair weapons and paintball markers must be stored in a closed container (e.g. glass display case) in a sales room.

(4) The limitations of the third paragraph shall not apply if softair weapons and paintball markers are authorized by traders with a right to exercise the arms trade (booksellers) including the arms trade (§ 94 Z 80 of the Industrial order 1994, BGBl. No 194/1994, as amended).

Transitional and final provisions

§ 3. (1) This Regulation shall enter into force on 1 January 2008. October 2013 will be in force.

(2) With the entry into force of this Regulation, the Regulation of the Federal Minister for Women's Affairs and Consumer Protection shall enter into force on the placing on the market of products similar to firearms (firearms-like productsV), BGBl. II No 185/1997, except for force.

(3) This Regulation has been adopted in accordance with the provisions of Directive 98 /34/EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services, OJ L 206, 22.7.1998, p. No. OJ L 204 of 21.07.1998 p. 37, as last amended by Directive 2006 /96/EC, OJ L 327, 30.12.2006, p. No. OJ L 363, 20.12.2006, p. 81, notifiable (No 2012 /554/A).

Hundstorfer