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 law be changed with the military service Act 2001 and the Weapons Act 1996

The National Council has decided:

Article 1

Amendment to the Defence Act 2001

The military service Act 2001 (WG 2001), Federal Law Gazette I no. 146, as last amended by the budget bill 2011, Federal Law Gazette I no. 111/2010, is amended as follows:

1. in the table of contents, the following entry is inserted after the entry for paragraph 56:



'article 56a.



Other provisions"2. The following section 56a and heading shall be inserted after article 56:

"Other provisions

section 56a. At events of the Federal Army are the provisions of the Firearms Act 1996 (WaffG), Federal Law Gazette I no. 12/1997, concerning ownership, carrying, and the left to 1 of war materials and prohibited weapons and 2 firearms according to § 2 para 1 Z 2 WaffG, each including the ammunition for these weapons, not to apply. According to the § § 12 and 13 WaffG gun bans but also apply to such events."

3. in article 60, the following paragraph 2 is inserted before paragraph 3 k:

"(2k) the table of contents and section 56a and heading, each as amended by Federal Law Gazette I no. 63/2012, come July 1, 2012 into force."

Article 2

Amendment of the Firearms Act 1996

The Weapons Act 1996 (WaffG), Federal Law Gazette I no. 12/1997, amended by Federal Law Gazette I no. 43/2010, is amended as follows:

1. in the table of contents entry to § 9 is as follows:



"section 9



EEA nationals, Switzerland and Liechtenstein"2. In the table of contents, the following entry is inserted after the entry for section 42a:



"section 42 b"



Deactivation of firearms or war material"3. § 2 para 3 is as follows:

"(3) firearms, including the war material in accordance with § 1 article I no. 1 lit. a and b of the regulation of the Federal Government of 22 November 1977 concerning war materiel, BGBl. No. 624/1977,-looking firearms that have each been deactivated according to section 42 b,. no weapons within the meaning of this Federal Act"

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

"(2) by way of derogation from paragraph 1 non-war material within the meaning of this Federal Act, 1 cartridges of missed ammunition are and 2 runs and locks in accordance with § 1 article I no. 1 lit. (c) the regulation concerning war materiel, which have each been deactivated according to section 42 b."

5. the heading of § 9 is as follows:

"Citizens of the EEA, Switzerland and Liechtenstein"

6. in article 9, paragraph 2, the point is eliminated at the end and it is attached to the phrase "and Liechtenstein.".

7. after article 42a, the following paragraph is inserted 42 b together with heading:

"Deactivation of firearms or war material

section 42 b. (1) firearms, including the war material in accordance with § 1 article I no. 1 lit. a and b of the regulation of the Federal Government of 22 November 1977 concerning war materiel, BGBl. No. 624/1977, -looking firearms as well as runs and locks in accordance with § 1 article I no. 1 lit. This regulation are disabled if 1 all essential components of these items are irreversibly unusable and not removed or replaced or rebuilt in such a way are can, each allows a reuse as a weapon, and 2 these items as disabled are marked.

(2) by regulation are the technical requirements and specifications of to determine the measures that exclude the respective reusability of objects referred to in paragraph 1, as well as the type and form of labelling as a disabled item. Enacting this regulation is whether the Federal Minister of defence and sport in consultation with the Federal Minister of the Interior, in terms of other firearms in terms of war material the Federal Minister of the Interior in consultation with the Federal Minister of national defence and sports.

(3) producers who established in the Federal territory to the exercise of the gun industry in accordance with section 139, paragraph 1 subpara 1 lit. a of the Gewerbeordnung (GewO 1994), BGBl. No. 194, 1994 are eligible, are to authorise, at the request of firearms and, unless they also have permission in accordance with section 139, paragraph 1 subpara 2 lit. to mark also firearms, runs and locks, each of which is military equipment, if the requirements referred to in paragraph 1 for that purpose are Z 1 as disabled, have a GewO 1994. The empowerment is the Federal Minister of national defence and sports and in terms of other firearms in terms of war material the Federal Minister of the Interior. An authorization of the Federal Minister for defence and sports is also considered authorization of the Federal Minister of the Interior. With regard to former army good this can be done by specially trained specialist bodies from the execution area of the Federal Ministry for defence and sports.

(4) trader authorised in accordance with paragraph 3 are involved in fulfilling their responsibilities with regard to the deactivation of firearms or war material to the instructions of the competent Federal Minister. Authorised traders are obliged without delay to announce the ending or the rest or the completion of the withdrawal of the trade licence the competent Federal Minister.

(5) the competent Minister must withdraw the authorization referred to in paragraph 3 by decision if, 1 subsequently, facts become known or enter, which justify the refusal of the authorisation, or the trader despite warning does not follow instructions 2 or 3.
the trader makes his authorization on other wise not legally compliant use.

About a successful withdrawal, you are according to § 333 GewO 1994 to communicate business authority and the other Federal Ministers.

(6) who have this weapon authority pursuant to article 48, paragraph 3 authorised trader referred to in paragraph 3 within six weeks of marking and, as far as it is war materiel, notify also the Federal Minister of national defence and sports. This message has name and address of the owner, brand, type, to include caliber and production number and the date of the marking.

A reasonable fee should be given by the owner of the marked item for their activities in accordance with paragraph 3. (7) authorized trader"

8 § 51 para 1 sub-para. 8 is replaced by the following Z 8 to 10: '8 one pursuant to § 41 para 1 omits required message or contravenes a custody prohibition adopted by decision (§ 41 para. 3);

9 firearms pursuant to section 16a safe custody;

10. it neglects to carry a mark in accordance with § 58 paragraph 6."

9. in article 55, paragraph 1 Z 9 is to the phrase "or to" insert the phrase "and for the safe custody in accordance with section 41".

10 paragraph 58 paragraph 3:

"The obligation to register in accordance with section 33 does not apply (3) people who I no. already 43/2010 at the time of entry into force of this federal law as amended by BGBl. in possession of a firearm in the category D. Are these firearms left to a third party, the purchaser is obliged to register it; a voluntary registration pursuant to par. 2 is allowed."

11. According to article 58, paragraph 4 shall be added following paragraph 5 to 9:

"(5) by way of derogation from § 42 is (b) paragraphs 1 and 2 a firearm that is not war material, and which I no. 63/2012 has been made incapable of use before entry into force of the Federal Act Federal Law Gazette, as according to section 42 b disabled, if can be made credible, that a decommissioning involves effort the firearm, which corresponds to a new production.

(6) people, the at the time of entry into force of the Federal Act Federal Law Gazette I no. 63/2012 already owned as war material in accordance with § 1 article I no. 1 lit. a and to see the regulation concerning war materiel firearms as well as runs and fastenings in accordance with § 1 article I no. 1 lit. c, to this regulation are, according to other criteria than the in section 42 b permanently unusable were made after mentioned and no exemptions was granted which according to § 18 para 2, a marking in accordance with section 42 within twelve months of the entry into force by a according to section 42 b paragraph 3 authorised trader to make par. 1 b.

(7) in accordance with paragraph 6 fulfils one according to section 42 b paragraph 3 authorized professionals not qualifying for a designation as a disabled subject presented war material, so the owner within four weeks from the test result either b to leave or make an application for a derogation request pursuant to § 18 para 2 or to deliver the war material to the authority or leave one owned by legitimate and to prove this to both the Federal Minister of national defence and sports make a deactivation according to § 42.

(8) by way of derogation from article 18, paragraph 1 b paragraph 3 authorized tradesmen or specialist bodies according to section 42 applies through the possession of war material referred to in paragraph 6 to the end of the respective periods of para 6 and 7 or were marked or up to the final completion of the procedure for the granting of exemptions as allowed if this possession prior to the date of entry into force of the Federal Act Federal Law Gazette I no. 63 / 2012 was established.


(9) in the cases of paragraph 7 the war material to the authority comes off, so the property is over on the Federal. The former owner is to pay compensation if requested within six months from the transfer of property by the Federal Minister of national defence and sports."

12. in paragraph 61, 3 c is inserted before the Z 4 following Z: "3 c.
the §§ 42 b and 58 para 6 to 9 of the Federal Minister of national defence and sports as far as war material is affected;"

13. in paragraph 62, paragraph 9, the expression "and 3" is eliminated after the expression "§ 2 ABS. 1".

14. the section 62 be attached following paras 12 and 13:

"(12) with the according to article 58, paragraph 1 specified time, no later than 1 January 2015, come into force on: 1 the contents relating to the heading to section 42 b, § 5, section 42 b together with heading, § 58 para 5 to 9 and § 61, each as amended by Federal Law Gazette I no. 63/2012;"

2. § 2 para 3 as amended by Federal Law Gazette I no. 63/2012 (where Z 14 2010 amendment to the Weapons Act, Federal Law Gazette I no. 43/2010, at the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 63/2012 is eliminated).

3. the contents relating to the heading to section 9, the heading to § 9 and § 9, each as amended by Federal Law Gazette I no. 63/2012 (where Z 1 and Z 17 2010 amendment to the Weapons Act, Federal Law Gazette I no. 43/2010, at the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 63/2012 as appropriately amended apply);

4. Article 51, paragraph 1 Z 8 to 10 in the version of Federal Law Gazette I no. 63/2012 (where Z 79 2010 amendment to the Weapons Act, Federal Law Gazette I no. 43/2010, at the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 63/2012 is omitted);

5. section 55 para 1 as amended by Federal Law Gazette I no. 63/2012 (where Z 83 2010 amendment to the Weapons Act, Federal Law Gazette I no. 43/2010, at the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 63/2012 as appropriately amended applies);

6 § 58 paragraph 3 as amended by Federal Law Gazette I no. 63/2012 (where Z 86 2010 amendment to the Weapons Act, Federal Law Gazette I no. 43/2010, at the end of the day of the announcement of the Federal Act Federal Law Gazette I no. 63/2012 as appropriately amended applies).

(13) regulations on the basis of this Federal Act can be adopted as of the day following his announcement, they may be implemented at the earliest while with this federal law."

Fischer

Faymann