Amend The Defence Act 2001 And The Firearms Act 1996

Original Language Title: Änderung des Wehrgesetzes 2001 und des Waffengesetzes 1996

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63. Federal Act to amend the Military Act 2001 and the Weapons Act 1996

The National Council has decided:

Article 1

Amendment of the Wehrgesetz 2001

The Wehrgesetz 2001 (WG 2001), BGBl. I n ° 146, as last amended by the Budgetaccompanying Act 2011, BGBl. I n ° 111/2010, is amended as follows:

1. In the table of contents, the following entry is inserted after the entry:

" § 56a.

Other provisions "

2. In accordance with § 56, the following § 56a and heading is inserted:

" Other provisions

§ 56a. At events of the Federal Army, the provisions of the Weapons Act 1996 (WaffG), BGBl. I n ° 12/1997, concerning the possession, management and transfer

1.

of war material and prohibited weapons, and

2.

of firearms in accordance with § 2 para. 1 Z 2 WaffG,

including ammunition for these weapons, not to be used. However, weapons bans in accordance with § § 12 and 13 WaffG shall also apply to such events. "

3. In § 60, the following subsection (2k) is inserted:

" (2k) The table of contents and § 56a, together with the headline, in the version of the Federal Law BGBl. I No 63/2012, will enter into force on 1 July 2012. "

Article 2

Amendment of the Weapons Act 1996

The Weapons Act 1996 (WaffG), BGBl. I n ° 12/1997, as last amended by the Federal Law BGBl. I n ° 43/2010, shall be amended as follows:

1. In the table of contents, the entry is to § 9:

" § 9

EEA citizens, Switzerland and Liechtenstein "

2. In the table of contents, the following entry is inserted after the entry in section 42a:

" § 42b

Deactivation of firearms or war material "

3. § 2 (3) reads:

" (3) firearms, including those used as war material in accordance with § 1 Art. I Z 1 lit. a and b of the Federal Government's Ordination of 22 November 1977 on war material, BGBl. No. 624/1977, firearms, which have been deactivated in accordance with § 42b, are not weapons within the meaning of this Federal Law. "

4. The previous § 5 receives the sales designation "(1)" and the following paragraph 2 is added:

" (2) By way of derogation from paragraph 1, there is no war material within the meaning of this Federal Law

1.

Cartridges of vaned ammunition and

2.

Courses and closures according to § 1 Art. I Z 1 lit. c of the Regulation concerning war material, which has been deactivated in accordance with § 42b. "

5. The title of § 9 reads as follows:

"EEA citizen, Switzerland and Liechtenstein"

6. In § 9 (2), the end of the period shall be deleted and the turn shall be made "and Liechtenstein." .

7. According to § 42a, the following § 42b with headline is inserted:

" Deactivation of firearms or war material

§ 42b. (1) firearms, including those used as war material in accordance with § 1 Art. I Z 1 lit. a and b of the Federal Government's Ordination of 22 November 1977 on war material, BGBl. No 624/1977, firearms, as well as purchases and closures in accordance with § 1 Art. I Z 1 lit. c This Regulation shall be disabled if:

1.

all the essential elements of these objects are irreversibly unusable and can no longer be removed or replaced or converted in a manner which permits re-usability as a weapon; and

2.

These items are marked as disabled.

(2) Regulation shall lay down the technical requirements and specifications of the measures which exclude the reusability of goods in accordance with paragraph 1, and the nature and form of the marking as a deactivated object. The discharge of this Regulation shall be the responsibility of the Federal Minister for National Defence and Sport, in agreement with the Federal Minister for the Interior, with regard to the war material, with regard to the other firearms to the Federal Minister for Home Affairs in the Agreement with the Federal Minister for National Defense and Sport.

(3) Commercial operators established in the territory of the Federal Republic of Germany who are responsible for the exercise of the arms industry pursuant to § 139 (1) (1) (1) (1) (1) a of the 1994 Commercial Code (GewO 1994), BGBl. No 194, shall be entitled to authorize upon request, firearms and, if they are also entitled to the entitlement under § 139 (1) (2) (2) (2) (2) (2) lit. a GewO 1994, including firearms, runs and closures, each of which are war material, shall be marked as disabled if the conditions set out in paragraph 1 (1) of this article are available for the purpose. With regard to the material of war, authorization shall be the responsibility of the Federal Minister for National Defense and Sport and with regard to the other firearms to the Federal Minister for Home Affairs. An authorisation of the Federal Minister for National Defence and Sport is also valid as the empowerment of the Federal Minister of the Interior. With regard to former military personnel, this marking can also be carried out by specially trained specialist bodies from the Federal Ministry of Defence and Sport's full drawing area.

(4) In the performance of their duties with regard to the deactivation of firearms or war material, traders authorised in accordance with paragraph 3 shall be bound by the instructions of the respective Federal Minister responsible. Authorised traders shall be obliged to inform the relevant Federal Minister immediately of the denunciation or the revocation or the withdrawal or the withdrawal of the commercial authorization.

(5) The relevant Federal Minister of the Federal Republic of Germany shall withdraw the authorisation provided for in paragraph 3 by decision of the competent Federal Minister of the Federal Republic of Germany

1.

become aware of, or enter into, facts which justify the failure to empower, or

2.

the trader does not follow instructions despite the warning, or

3.

the trader does not make use of his authorisation in any other way in accordance with the law.

The commercial authority responsible pursuant to § 333 GewO 1994 and the other Federal Minister in each case shall be notified of any withdrawal from the system.

(6) The trader authorised pursuant to paragraph 3 shall, within six weeks from the marking, have the competent authority responsible for the protection of the armed forces in accordance with Section 48 (3) and, in the case of war material, also the Federal Minister for National Defence and Sport. report. This notification shall include the name and address of the owner, trade mark, type, calibre and production number, and the date of the marking.

(7) The authorised trader shall be entitled to an appropriate remuneration for the activity referred to in paragraph 3 by the owner of the designated object. "

8. § 51 (1) Z 8 shall be replaced by the following Z 8 to 10:

" 8.

a notification required in accordance with § 41 (1) or a prohibition of custody issued in accordance with Article 41 (1) (Section 41 (3)) is contrary to the notice of the person concerned;

9.

Firearms not in accordance with § 16a shall be kept safe;

10.

it undertakes to have a marking carried out in accordance with section 58 (6). "

9. In § 55 paragraph 1 Z 9 is after the turn "or to lead" the twist "as well as for the safekeeping according to § 41" .

Section 58 (3) reads as follows:

" (3) People who are at the time of the entry into force of this Federal Law in the version BGBl. I n ° 43/2010 are already in the possession of a category D firearm, the registration requirement in accordance with § 33 does not apply. If these firearms are left to a third party, the acquirer shall be obliged to register them; a voluntary registration as referred to in paragraph 2 shall be permitted. "

11. In accordance with § 58 (4), the following paragraphs 5 to 9 are added:

" (5) By way of derogation from § 42b (1) and (2), a firearm, which is not a war material, and the prior entry into force of the Federal Law BGBl (Federal Law Gazette) shall apply. I n ° 63/2012 has been rendered incapable of being used in accordance with § 42b, if it can be made credible that a rebuilding of the firearm means an expense which corresponds to a new production.

(6) People who are at the time of the entry into force of the Federal Law BGBl. I n ° 63/2012 already in the possession of a war material according to § 1 Art. I Z 1 lit. (a) and (b) of the Regulation concerning weapons of war, as well as of purchases and closures in accordance with § 1 Art. I Z 1 lit. (c) of this Regulation, which have been rendered unusable in accordance with criteria other than those referred to in § 42b, and which have not been granted an exemption pursuant to Article 18 (2), shall, within twelve months from the date of entry into force, shall be subject to one pursuant to Article 42b (3) authorised traders to make an identification according to § 42b (1).

(7) In accordance with paragraph 6, the war material submitted to a trader authorised pursuant to Section 42b (3) does not satisfy the requirements for marking as a deactivated item, the owner shall within four weeks of the existence of the The result of the examination is either to have a deactivation carried out in accordance with § 42b or to submit an application for the grant of an exemption pursuant to § 18 (2) or to deliver the war material to the authority or to a possession of a person entitled to possession of the goods. to the Federal Minister for National Defense and Sport Proof.

(8) By way of derogation from Section 18 (1), the possession of war material pursuant to paragraph 6 shall apply until the expiry of the respective time-limits pursuant to para. 6 and 7 or until the marking has been made by authorized trader or specialist bodies in accordance with Section 42b (3) or until the end of the a final termination of the procedure for the grant of an exemption permit, provided that this property is held prior to the date of entry into force of the Federal Law BGBl. I n ° 63/2012.

(9) If, in the cases referred to in paragraph 7, the war material in question is delivered to the authority, the property shall be owned by the Federal Government. The former owner shall be provided with adequate compensation from the Federal Minister for National Defence and Sport if this is required within six months of the transfer of ownership. "

12. In § 61, the following Z 3c shall be inserted before Z 4:

" 3c.

§ § 42b and 58 (6) to (9) of the Federal Ministers for National Defence and Sport as far as war material is concerned; "

13. In § 62 (9), after the expression "§ § 2 para. 1" the expression "and 3".

14. The following paragraphs 12 and 13 are added to § 62:

" (12) With the date fixed in accordance with § 58 (1), but at the latest on 1. Jänner 2015, enter into force:

1.

the table of contents concerning the title of § 42b, § 5, § 42b and the title, § 58 (5) to (9) and § 61, respectively, as amended by the Federal Law BGBl. I No 63/2012;

2.

Section 2 (3) in the version of the Federal Law BGBl. I n ° 63/2012 (where Z 14 of the 2010 Ceasefire Act, BGBl. I n ° 43/2010, at the end of the day of the presentation of the Federal Law BGBl. I No 63/2012);

3.

the table of contents relating to the title of § 9, the title to § 9 and § 9, as amended by the Federal Law BGBl. I n ° 63/2012 (where Z 1 and Z 17 of the gun law novella 2010, BGBl. I n ° 43/2010, at the end of the day of the presentation of the Federal Law BGBl. I No 63/2012 as amended);

4.

Section 51 (1) Z 8 to 10 in the version of the Federal Law BGBl (Federal Law Gazette). I n ° 63/2012 (where Z 79 of the Ceasefire Novel 2010, BGBl. I n ° 43/2010, at the end of the day of the presentation of the Federal Law BGBl. I No 63/2012);

5.

Section 55 (1) in the version of the Federal Law BGBl. I n ° 63/2012 (where Z 83 of the Novel 2010 Ceasefire Act, BGBl. I n ° 43/2010, at the end of the day of the presentation of the Federal Law BGBl. I No 63/2012 as amended);

6.

Section 58 (3) in the version of the Federal Law BGBl. I n ° 63/2012 (where Z 86 of the Novel 2010 Ceasefire Act, BGBl. I n ° 43/2010, at the end of the day of the presentation of the Federal Law BGBl. I No 63/2012 as amended).

(13) Regulations on the basis of this Federal Act may already be adopted from the date of its presentation, but may at the earliest be put into effect at the earliest with this Federal Act. "

Fischer

Faymann