Change The 1 Gun Laws Implementing Regulation And Of The 2Nd Gun Legislation Implementing Regulation

Original Language Title: Änderung der 1. Waffengesetz-Durchführungsverordnung und der 2. Waffengesetz-Durchführungsverordnung

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301 regulation of the Federal Minister for Home Affairs 1 gun law implementation regulation and the 2nd gun legislation implementing regulation be changed with the

According to the Weapons Act 1996, Federal Law Gazette I no. 12/1997, amended by Federal Law Gazette I no. 63/2012, is prescribed:

The 1st gun legislation implementing regulation - 1 WaffV, Federal Law Gazette II No. 164/1997, as last amended by the regulation BGBl. II Nr 459/2003 and the 2nd gun legislation implementing regulation - 2 WaffV, Federal Law Gazette II No. 313/1998, be amended as follows:

Article 1

1. gun law implementation regulation

1. in article 3, paragraph 2 the phrase '"Minnesota multiphasic personality inventory - short form (MMPI-K)" ' by the phrase is ' "Minnesota multiphasic personality inventory 2, basic scales (MMPI-2, base scales)"' replaced.

2. in article 3, after paragraph 2, the following paragraph 2a is inserted:

"(2a) in place of"MMPI-2, base scales"can also"Eppendorfer schizophrenia inventory (ESI)"together with the"short questionnaire for detecting aggressiveness factors (K-FAF)", the"questionnaire to control beliefs (IPC)"and the S-V-F connected with"

1. "personality style- and error - inventory (PSSI)" or 'NEO five factors inventory (NEO-FFI)' or 4 'big five plus one personality inventory (B5PO)' use find 2. "inventory of clinical personality disorders (IKP)" or 3. In the case of the application of the NEO FFI or of the B5PO these are each with a "General depression scale (ADS)" or "Beck Depression Inventory (BDI-II) revision" to connect. In place of the S-V-F also the multiple choice test "Coping Inventory for Stressful Situations (CISS)" or "Differential stress inventory (DSIHR)" can be used."

3. in article 3, paragraph 3, the phrase 'a test referred to in paragraph 2' is replaced by the phrase "a test in accordance with paragraph 2 or 2a".

4. in article 3, paragraph 4 "lightly to deal, is" is inserted after the phrase the phrase "at the request of the person concerned".

5. paragraph 4:

„§ 4. For performing the test together with the preparation of the opinion pursuant to section 3 para 3 a fee in advance to dependant amounting to €236 Excl. VAT are entitled to."

6. in article 8, paragraph 2, the phrase "subject to authorisation firearm" is replaced by the phrase "Firearms of category B".

7. According to article 9, the following section 9a and heading shall be inserted:

'Transitional provisions

section 9a. (1) multiple choice tests II may be no. 301/2012, pursuant to section 3 para 2 as amended before the entry into force of the regulation BGBl. until expiry of the 31 March 2013 to the preparation of the opinion pursuant to § 3 used in the version of this regulation.

(2) opinion, created on the basis of a multiple choice test in accordance with section 3 para 2 as amended before the entry into force of the regulation BGBl. II Nr 301/2012, considered opinion as amended by this regulation."

8 the following paragraph 3 is added to § the 11:

"(3) paragraphs 3 paragraph 2, 2a, 3 and 4, 8, 4 para 2 and 9a in the version of regulation BGBl. II Nr 301/2012 into force on October 1, 2012."

Article 2

2. Weapons Act implementation regulation

1. in article 3, paragraph 3 and article 7, paragraph 1, the phrase "approved firearm" is replaced by the phrase "Firearms of category B".

2. the previous section 8 receives the paragraph called "section 16" and following §§ 8 to 15 including headings shall be inserted after paragraph 7:

"Obligations of authorised trader

Section 8 (1) in accordance with article 32, paragraph 1 WaffG authorised traders are obliged immediately to announce the ending, the rest, the completion of or the withdrawal of the trade licence to the Federal Minister of the Interior.

(2) in accordance with § 32 para 1 WaffG may authorized trader for submitting the registration involve only such employees as users, the are him to respect data confidentiality in accordance with § 15 of the data protection Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999, have committed. Users are further use permanently or for a certain time from exercising their access permission to exclude if

1. you no longer need it to further fulfilment of the tasks assigned to them or use the data according to the provisions governing the operation of the ZWR (Central arms register) 2.

(3) users have to specify a reference to a specific registration process before an input in the ZWR. When accessing the ZWR users are the data of the photo identification of the person concerned (type, number and issuing authority) in the system to enter.

(4) the trader has to make sure that only accessed the ZWR, if the user requirements pursuant to § 15 DSG 2000 and the contents of this regulation were proven wrong.

(5) the data security measures taken are records to lead that, if nothing else is arranged by law, at least three years to be kept are.

(6) the trader bears - if this comes to the nature of the service in question - for the technical and organisational conditions provision that the weapon authorities and operators 2000 at any time can meet all rights of access, rectification and deletion obligations after the DSG within the statutory time limits.

(7) the trader may attract more service providers only with the approval of the operator and the weapon authorities and has therefore the operator and the weapon authorities by the intended use of an additional service provider early enough to communicate that they can prevent this if necessary.

(8) the trader will provide at any time that information the weapon authorities and the operators request available, which are necessary for the verification of compliance with the obligations laid down in this regulation.

(9) business transactions will take place in rooms with an access to the ZWR, is in any case to ensure that an inspection is not possible in the data of the ZWR by third parties.

Access to rooms

9 members of the data protection Commission and the data protection Council, the organs of the gun authorities, as well as employees of the operator is to grant, provided that they act in the interests of the service order to the card performance access to rooms with an access to the ZWR. Are requested to provide necessary information for the fulfilment of their tasks.

Technical arrangements

§ 10 (1) for the connection to the ZWR is from the trader the corporate service portal after the corporate service portal Act - USPG, Federal Law Gazette I no. 52/2009, claim to make. It only devices may be used, which communicate through a Protocol approved in accordance with the respective State of the art.

(2) for the authentication of the user is in the specification to the run position the corporate service portal to provide that the security class 3, version 2.1.0 of February 8, 2008, available at "", as well as the portal Federation Agreement, version 1.0 of 21 November 2002, available at "", is equivalent to.

(3) access to the ZWR is possible only after appropriate identification of the user by the function of citizen card (smart card or mobile signature). All access data (E.g., TID, BENID, PIN, TAN) are to keep secret. It is to ensure that unauthorised third parties do not have access to the access data and any necessary tools such as smart card or mobile phone SIM card.

(4) it is to make sure that according to the specifications of the operator precautions, corresponding to the respective State of the art are taken to prevent access by unauthorized people or systems a destruction or alteration of data, as well as a query from the ZWR.

Control by the operator

§ 11. The operator can check together with the weapon authority by sampling, whether the use of data of the ZWR in the local area is carried out according to the relevant regulations and the required safety measures have been taken.

Using the central login register

§ 12 (1) to identify a person in accordance with § 55 para 8 WaffG a query in the central population register only is permitted, if the person concerned can be clearly determined by pre-and post - or family name and date of birth and also a former resident.

(2) the provisions of the Registration Act - implementing regulation, Federal Law Gazette II No. 66/2002, as amended, apply mutatis mutandis in accordance with § 32 para 1 WaffG authorized traders.

Weapons permit and weapons pass

The weapons permit and the firearms pass as section 13 (1) to issue cards on plastic base according to the patterns of the plants 1 and 2.

(2) for the production of gun ownership map and weapon passports are procedures to choose from, as they are intended in the European Union for the tamper-proof design of documents.

European firearms pass

14. (1) the European firearms pass (§ 36 WaffG) is to be issued according to the model of annex 3. This has a size of 210 mm x 148 mm, and in the closed state to have a size of 105 mm x 148 mm in the open State.

(2) for making a security paper with a Grammage of 95 g / m2 is to use the watermark "Tie", as well as blue and yellow UV fluorescent random fibres.

Other legal documents and forms

Section 15 (1) the certification of prior consent in accordance with article 28, paragraph 6 is WaffG to be issued according to the model of annex 4.

(2) the confirmation of the registration (section 33 par. 1 WaffG) has content to match the pattern of Appendix 5.

(3) the weapon register certificate (§ 33 par. 10 WaffG) content has the pattern of the annex 6 to comply with.

(4) the permit (§ 37 para. 1 WaffG) is to be issued according to the model of annex 7.

(5) the form in accordance with § 37 para 2 WaffG must conform to the model of Annex 8.

(6) § 37 para. 3 WaffG having consent in accordance with to conform to the model of Annex 9.

(7) a certificate referred to in § § 39 and 40 WaffG has to conform to the model of annex 10."

3. the following paragraph 4 is added to § 16 (former paragraph 8):

"(4) the date referred to in article 58, paragraph 1 WaffG, from the obligation to register in accordance with article 33, paragraph 1 occurs WaffG is October 1, 2012; "the articles 3 paragraph 3, 7 para 1 and 8 to 15, as well as the facilities of 1 to 10 in the version of regulation BGBl. II Nr 301/2012, apply at this time."