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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

301. Regulation of the Federal Minister for Home Affairs, with which the 1. Arms Act-Implementing Regulation and the 2. Arms Act-Implementing Regulation amended

On the basis of the 1996 gun law, BGBl. I n ° 12/1997, as last amended by the Federal Law BGBl. I No 63/2012, shall be arranged:

The 1. Arms Act-Implementing Regulation-1. WaffV, BGBl. II No 164/1997, as last amended by the BGBl Regulation. II No 459/2003 and 2. Arms Act-Implementing Regulation-2. WaffV, BGBl. II No 313/1998, shall be amended as follows:

Article 1

Change of 1. Arms Act-Implementing Regulation

1. In Section 3 (2), the turn of the phrase shall be: "Minnesota Multiphasic Personality Inventory-Short Form (MMPI-K)" ' by the twist ' "Minnesota Multiphasic Personality Inventory 2, Basic scales (MMPI-2, Basic Skals)" ' replaced.

2. In § 3, the following paragraph 2a is inserted after paragraph 2:

"(2a) The" Eppendorfer Schizophrenia-Inventory (ESI) "can also be combined with the" Short questionnaire for the detection of aggressivity factors (K-FAF) ", the" Questionnaire On Control Convictions (IPC) "and the S-V-F in place of the" MMPI-2, Base Skalers ". with

1.

"Personal-style and perturbations inventory (PSSI)" or

2.

"Inventory of Clinical Personality Accentuations (IKP)" or

3.

"NEO Five Factors Inventory (NEO-FFI)" or

4.

"Big Five Plus One Personality Inventory (B5PO)"

Find usage. In the case of the application of the NEO-FFI or the B5PO, these are in each case to be connected to a "General depression scale (ADS)" or "beck-depression-inventory revision (BDI-II)". In place of the S-V-F, the multiple-selection test "Coping Inventory for Stressful Situations (CISS)" or "Differential Stress Inventory (DSIHR)" can also be used. "

3. In Section 3 (3), the word order shall be "a test referred to in paragraph 2" through the phrase "a test according to para. 2 or 2a" replaced.

4. In § 3 (4), after the word order "easy to handle, is" the phrase "at the request of the person concerned" inserted.

5. § 4 reads:

" § 4. In order to carry out the test together with the preparation of the expert opinion pursuant to § 3 (3), a fee of 236 € is due to be paid in advance. The fee is not charged. USt. "

6. In Section 8 (2), the phrase "firearm subject to approval" through the phrase "Category B firearm" replaced.

7. In accordance with § 9, the following § 9a and title shall be inserted:

" Transitional provisions

§ 9a. (1) Multiple selection tests pursuant to § 3 (2), as amended before the entry into force of the BGBl Regulation. II No 301/2012, may be used until 31 March 2013 to prepare the opinion in accordance with § 3 in the version of this Regulation.

(2) Advisory opinions issued on the basis of a multiple selection test in accordance with Article 3 (2), as amended before the entry into force of the BGBl Regulation. II No 301/2012, shall be considered as opinions in the version of this Regulation. "

8. The following paragraph 3 is added to § 11:

" (3) § § 3 (2), (2a), (3) and (4), (4), (8) (2) and (9a) in the version of the BGBl Regulation. II No 301/2012 shall take place on 1 January 2007. October 2012, in force. "

Article 2

Change of 2. Arms Act-Implementing Regulation

1. In § 3 (3) and § 7 (1), the word order shall be "firearm subject to authorisation" through the phrase "Category B firearm" replaced.

2. The previous § 8 receives the paragraph designation "§ 16" and in accordance with § 7, the following § § 8 to 15 shall be inserted together with the headings:

" Obligations Authorised Trader

§ 8. (1) In accordance with Section 32 (1) of the WaffG, the trader shall be obliged to disclose immediately to the Federal Minister of the Interior the denunciation, the resting, the revocation or the deprivation of the commercial authorization.

(2) The trader authorised pursuant to § 32 (1) WaffG may only use such employees as a user for the acceptance of the registration as a user who is responsible for the compliance with the data confidentiality in accordance with § 15 of the Data Protection Act 2000-DSG 2000, BGBl. I No 165/1999. Users shall be excluded from further use on a permanent basis or for a certain period of time from the exercise of their access right, if:

1.

they no longer need them to carry out the tasks assigned to them, or

2.

they do not use the data in accordance with the relevant provisions for the operation of the ZWR (Central Arms Register).

(3) Users shall have a reference to a specific registration process before entering the ZWR. For each access to the ZWR by users, the data of the photo ID of the person concerned (type, number, issuing authority) must be entered into the system.

(4) The trader shall ensure that access to the ZWR is effected only if the users have been informed of the provisions in accordance with § 15 DSG 2000 and the contents of this Regulation.

(5) Records shall be kept for the data security measures taken, which shall be kept for at least three years, unless otherwise provided by law.

(6) The trader shall, where appropriate in the nature of the service, provide for the technical and organisational conditions to ensure that the arms authorities and the operator are all informed, recalculated and informed. In accordance with the DSG 2000, the obligation to delete can be fulfilled at any time within the legal time limits.

(7) The trader may use other service providers only with the approval of the operator and the weapons authorities and therefore has the operator and the weapons authorities of the intended use of a further service provider in good time to agree that they may not be able to do so.

(8) The trader shall at all times provide the arms authorities and the operator with the information necessary to check compliance with the obligations laid down in this Regulation.

(9) In any case, it shall be ensured that access to the ZWR data is not possible by third parties in rooms with an access to the ZWR.

Access to rooms

§ 9. Members of the Data Protection Commission and the Data Protection Council, the organs of the weapons authorities and employees of the operator shall be granted access to rooms with an access to the ZWR after the expulsion has been granted, provided that such access is made available to the members of the Supervisory Board. in the service mission. On request, the necessary information shall be provided for the fulfilment of their duties.

Technical arrangements

§ 10. (1) For the establishment of a connection to the ZWR, the trader is the enterprise service portal according to the corporate service portal law-USPG, BGBl. I n ° 52/2009. Only devices which communicate via a protocol recognized in accordance with the relevant state of the art may be used.

(2) For the authentication of the users, provision should be made in the specification of the transit point of the company service portal, which is available in security class 3, version 2.1.0 of 8 February 2008, available at: "http://reference.e-government.gv.at/uploads/media/SecClass_2-1-0_2007-12-14.pdf" as well as the Portal Composite Agreement, version 1.0 of 21 November 2002, available at "http://reference.e-government.gv.at/uploads/media/pvv1.0-21112002.pdf".

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

(4) It is necessary to ensure that, in accordance with the operator's specifications, appropriate arrangements are made in accordance with the state of the art in order to destroy or alter the data as well as a query from the ZWR by accesses unauthorised persons or systems.

Control by the operator

§ 11. The operator, in cooperation with the weapons authority, may check by spot checks whether the use of the data of the ZWR in the area there is carried out in accordance with the relevant provisions and the necessary data security measures have been taken.

Using the Central Register of Melting

§ 12. (1) In order to identify a person concerned in accordance with § 55 paragraph 8 WaffG, a query in the Central Reporting Register may only be carried out if the person concerned is resident by first and last name or surname, as well as the date of birth and, if need be, a previous place of residence. can be clearly determined.

(2) The provisions of the Reporting Ordinance for the Implementation of the Reporting Act, BGBl. II No 66/2002, as amended, shall apply mutagentily to the trader authorised pursuant to Section 32 (1) of the German Armed Code.

Weapons possession card and weapon pass

§ 13. (1) The gun ownership card and the weapon pass are used as plastic cards according to the patterns of the Annexes 1 and 2 ,

(2) Procedures shall be adopted for the production of arms possession cards and cessation of arms, as provided for in the European Union for the forgery-proof design of documents.

European firearms pass

§ 14. (1) The European Firearms Pass (§ 36 WaffG) shall be based on the model of the Appendix 3 , In the open state, this has a size of 210 mm × 148 mm and, in the closed state, has a size of 105 mm × 148 millimetres.

(2) A safety paper with a grammage of 95 g/m is used for the production process. 2 , to use the watermark "tie" as well as blue and yellow UV-fluorescent melter fibres.

Other weapons-related documents and forms

§ 15. (1) The certificate of prior consent pursuant to § 28 paragraph 6 WaffG shall be based on the model of the Appendix 4 ,

(2) The registration confirmation (§ 33 paragraph 1 WaffG) has the same content as the model of the Appendix 5 shall be appropriate.

(3) The certificate of arms registration (§ 33 para. 10 WaffG) has the content of the model of the Appendix 6 shall be appropriate.

(4) The certificate of approval (§ 37 paragraph 1 WaffG) shall be based on the model of the Appendix 7 ,

(5) The form according to § 37 para. 2 WaffG has the model of the Appendix 8 shall be appropriate.

(6) The declaration of consent in accordance with § 37 paragraph 3 WaffG has the model of the Appendix 9 shall be appropriate.

(7) A certificate in accordance with § § 39 and 40 WaffG has the content of the model of the Appendix 10 "

3. The following paragraph 4 is added to § 16 (previous § 8):

" (4) The date in accordance with Section 58 (1) of the WaffG, from which the obligation to register pursuant to § 33 (1) of the Waffle Act, occurs is the 1. October 2012; § § 3 para. 3, 7 para. 1 and 8 to 15 as well as the annexes 1 to 10 in the version of the Ordination BGBl. II No 301/2012, shall enter into force at that time. '

Mikl-Leitner