Weapons law has limits: International legal situation in the DACH region

It's the same with laws as with everything else: if you're at your wit's end, you just try English. As a purely national matter, firearms law in Europe is as diverse as the available weapon models; and also peppered with exceptions, contradictions, many "ifs" and even more "buts". The aim of this article is to provide an overview of the legal situation in Germany, Austria, Liechtenstein and Switzerland.

 

Exceptions prove the rule - no law without exceptions

It should be mentioned at the outset that every legal text also provides for exceptions for certain persons, facilities, weapons or purposes. Due to the high rate of individualization and the different living conditions of gun owners, it is not possible to go into every single exception at this point. Instead, we will focus on the basic legal provisions that apply to every gun owner in the DACH region, regardless of their professional affiliation or any special personal status.


 

Firearms requiring a permit - overview of acquisition and possession

Switzerland

Depending on the country, firearms legislation varies in terms of liberalization. In the DACH region, Switzerland can boast of having the most generous gun laws in many cases. Compulsory military service for men in this country allows them to keep their assigned firearm (which is also permitted for private ownership) at home after their service. This makes the Swiss Confederation one of the countries with the most heavily armed civilian population.

All that is formally required for private possession of firearms subject to authorization as a citizen is a firearms acquisition certificate. This can be applied for from the age of majority, provided there are no violent offenses on the criminal record. A special feature in Switzerland is the regulation on soft air, air pressure and alarm guns as well as paintball markers. These are subject to registration in the Swiss Confederation and are therefore handled much more strictly than in Austria or Germany; see the Federal Office of Police of the Swiss Confederation.

Airsoft weapons are only considered weapons under weapons law if they could be mistaken for real (edged) weapons. If the energy of an airsoft weapon is less than 7.5 joules, it is not a weapon from a weapons law perspective. (Art 4 para 1 lit f and g WG)

 

Principality of Liechtenstein

The situation is similar in Liechtenstein. Here, too, a firearms acquisition license is required for the purchase of weapons subject to authorization, available from the age of 18. However, a reason for acquisition only needs to be stated - also in Switzerland - if the weapon to be acquired is not intended for shooting sports, hunting or for a collection.

In Liechtenstein, however, there are not only firearms that require a permit or authorization, but also so-called privileged weapons. These are exempt from the Weapons Act (WaffG) and only require a written purchase contract to acquire them legally if there is a risk of confusion with real weapons. This must be kept for at least ten years. In Liechtenstein, these privileged weapons include soft air and alarm weapons, paintball markers, replica single-shot muzzle-loaders, compressed air and CO2 weapons.

 

Austria

Austria enjoys one of the most liberal gun laws in the whole of Europe. In principle, every EU or EEA citizen who is of legal age, resident in Austria and has not been banned from owning weapons by a court is permitted to own weapons. Depending on the category of weapon, there are different regulations regarding their possession; for example, category C firearms are freely available from the age of 18, but are subject to a three-day cooling-off period. Category B models require express authorization: the firearms possession card (WBK), which can be applied for from the age of 21 - accompanied by a psychological report - provided the aforementioned requirements are met. Category A weapons are generally prohibited; however, an exceptional permit can be applied for on a case-by-case basis for certain firearms in this category.

When applying for a weapon possession card - there is only one type of card in Austria - a reason for the possession of the weapon must be given. Sport shooting or self-defense are the most frequently cited reasons; however, there is no special check as to whether self-defense is justified as a reason in the applicant's case. When a WBK is first issued, a maximum of two places are possible as standard. However, the fact that two reasons must also be given when applying for two firearms permits is a popular urban legend.

 

Germany

Let's move on to Germany. Unfortunately for German gun owners, they are subject to one of the strictest gun laws in Europe. Although some firearms can also be freely purchased in Germany from the age of 18, access to firearms requiring a permit (also belonging to category B here) is much more difficult than in neighboring countries. In addition to the aforementioned criteria that must be met, a specific need is required in Germany. This usually exists in the case of hunting, shooting sports, as a gun collector or as a person who is professionally confronted with weapons, such as security officers and weapons experts. The argument of self-protection as a need under firearms law goes hand in hand with the fact that the applicant in Germany must be at far greater risk than the general public from attacks on life or limb.

Regardless of the nature of the need under firearms law, it is affirmed if the weapon is suitable and necessary for the stated purpose. However, an inheritance privilege applies, which Germany and Austria share in a similar way: If someone inherits a firearm, they do not have to prove the need or, in Austria, give reasons for more than two WBK places, as the state is not allowed to deny the citizen their inheritance. However, the citizen must take all legal steps that entitle him to own the weapon to be inherited. In the case of a pistol as an inheritance, for example, this would be to apply for a gun ownership card, of which there are different types in Germany for collectors, sport shooters, hunters and experts: red, yellow and green.

 

So let's summarize:

Austria divides weapons into categories A (prohibited weapons and war material), B (subject to authorization) and C (subject to registration, but free). Without a WBK, the buyer of a C firearm must wait three days before he can take the weapon out of the store (cooling-off period). A WBK is required for B models. This permits the purchase, possession and import of B firearms. For A models, such a firearms possession card is also required, but including an exemption permit for category A. A WBK can be applied for in Austria from the age of 21.

Examples of firearms categories in AT:
 

• Category A: Muzzle-loading repeating shotguns (aka pump guns), fully automatic firearms, semi-automatic long guns with centerfire ignition and inserted magazine with a capacity of more than 10 rounds, shotguns with an overall length of less than 90 cm ...
   
• Category B: Handguns, all repeating shotguns and semi-automatic firearms, provided they do not fall into category A
   
• Category C: bolt-action rifles, single-shot rifles, shotguns ...
   

Germany also divides its weapons into these categories and has the additional category D (was dropped in Austria). However, the individual types of weapon belonging to each of these categories differ from their Austrian counterparts. While semi-automatic long guns with a maximum magazine capacity of ten rounds (with centerfire primer) belong to category B in Austria, a capacity restriction of between three and a maximum of twelve rounds applies in Germany. Muzzle-loading repeating shotguns with an overall length of at least 95 cm (with a minimum barrel length of 45 cm) are permitted in Germany and belong to category B.

Examples of firearms and their categorization in Germany:
 

• Category A: fully automatic firearms, overly short repeating shotguns, dummy weapons ...
   
• Category B: Muzzle-loading repeating shotguns with corresponding minimum dimensions, semi-automatic shotguns and rifles, handguns
   
• Category C: Single-shot and bolt-action rifles
   
• Category D: Shotguns
   

In Switzerland, firearms are also classified as "subject to registration", "subject to authorization" and "prohibited". Although a Kubotan is not a firearm, it belongs to the category of prohibited weapons in Switzerland, whereas in Austria and Germany it is freely available from the age of 18 - and is not even considered a weapon in Germany. Brass knuckles and steel rods are prohibited in Switzerland, Austria and Germany.

The various weapons laws therefore have a number of similarities, with only minimal and easily overlooked differences. Special care must therefore be taken when importing and exporting weapons of any kind: Before importing, exporting or temporarily taking a weapon, whether a firearm or not, it is essential to find out whether the weapon in question is permitted and licensed for private ownership in the country of destination. It is not uncommon for the responsible ministries to require special permits for import and export, for example to take a muzzle-loading repeating shotgun from Germany (category B, possession permitted with WBK) to Austria (category A, possession generally prohibited and only possible with an express exemption permit).


 

Weapons law documents - a brief digression

To make it easier for you to understand the following passages on taking weapons to another country, we will take a closer look at the legal firearms documents of a firearms owner.

 

Firearms ownership card (WBK) and firearms acquisition license

In Germany and Austria, the WBK generally entitles the holder to acquire and possess, and in Austria also to import, firearms and ammunition that require a permit, but not to export them to another country.
In Austria, there is only one WBK, which looks the same for everyone, but can have a different scope of authorization (e.g. a special permit for A-category firearms). In Germany, there are three different gun ownership cards; yellow, red and green, which are intended for different groups of people.
In Switzerland and Liechtenstein, the function of the WBK is assumed by the firearms acquisition certificate.

 

Weapons pass, weapons carry permit, small and large weapons license

In Austria, the firearms pass entitles the holder to carry a certain number of firearms in addition to acquiring, possessing and importing them, i.e. to have them with them in public. A firearms license like the one in Germany existed in Austria a long time ago; this was replaced by today's firearms pass. In Germany, on the other hand, there are small and large firearms licenses. The small firearms license entitles the holder to carry signal, alarm and irritant weapons. The large firearms license allows you to carry firearms in accordance with the German Weapons Act, but requires you to pass an extensive examination. In Switzerland and Liechtenstein, carrying is covered by the firearms carry permit. The following applies throughout the DACH region: To obtain a firearms carry permit, you must prove that you need one.

But be careful:
While in Austria the firearms pass entitles the holder to acquire, possess, carry AND import firearms that require a permit (i.e. the holder can basically get by without their own WBK), in Germany both the firearms ownership card and the corresponding firearms license are required. If the once proven need for a firearms pass no longer applies in Austria, the pass holder may only possess the corresponding firearms to the previous extent with their firearms pass, but may no longer carry them. This can be read in § 21 Para. 4 WaffG for Austria.

 

The European Firearms Pass (EU-FWP)

... is not to be confused with the Austrian firearms pass. The EU-FWP only allows the firearms registered on it to be taken to another EU country or a Schengen state. In the case of registered category B models, however, it does not automatically entitle the holder to possess them. This is due to the fact that in Austria, for example, category C firearms can also be registered on the EU FWP, for which the owner does not require a WBK.

Furthermore, in Austria, the gun owner is free to sell or give away their registered B firearm privately. However, they are not obliged to have the entry for this firearm deleted from their EU firearms pass themselves after selling it. A small digression: In the event of a private purchase or sale of a firearm, a six-week period applies in AT within which the firearm must be registered to the new owner. This means: According to Austrian jurisdiction, the holder of the EU-FWP is entitled to borrow his former pistol, which he sold to a friend two weeks earlier, and to take it abroad - because it is still registered in his EU-FWP - even though the firearm itself is no longer officially registered in his name.

The EU-FWP is therefore the passport for firearms: If the applicant presents himself to the authorities to apply for one, the firearms he wishes to possess are entered in the passport. They may take them abroad upon receipt of the document, either to an EU or Schengen state. The EU-FWP is valid for five years in the entire DACH region, with a one-time option to extend it for another five years. Any deletions of old stocks are automatically carried out by the authorities when the EU-FWP is reissued.(§ 36 Para. 3 WaffG in Austria)

Switzerland requires an additional written contract with the legal owner for firearms that are noted in the EU-FWP but not registered to the holder of the passport. The firearm then officially changes ownership for the duration of the stay abroad.


 

Traveling with firearms

Hunting trips and international competitions involve the temporary transportation of firearms to the destination country. This temporary transportation should not be confused with the import or export of firearms, both of which are defined as permanent transportation. Let us turn our attention to pleasure: Hunting and sport with firearms abroad.

Although the EU-FWP is a massive easing of the regulations regarding the crossing of borders with firearms, the passport alone is not sufficient for international hunting or sporting trips; not even within Europe. In addition, the person taking the firearms with them also needs proof that it is necessary for the purpose of the journey. An invitation to a shooting competition abroad or to a hunting trip is sufficient. These days, such documents can usually be downloaded from the organizer's website.

 

The Schengen Agreement

If you want to take a firearm with you to Switzerland or Liechtenstein, the Schengen Agreement will inevitably apply. The EU-FWP was once created together with this agreement. 

Neither Switzerland nor Liechtenstein are member states of the European Union; however, together with Austria, Germany and many other European countries, they are signatories to the Schengen Agreement. For the private gun owner, this means in a nutshell: He can - with the aforementioned documents - cross the common internal borders of the EU member states and Schengen states at any point and without personal checks. Even with their firearms, if permitted in the destination country. But now the crux of the matter begins: the legislators of all countries rely on the personal responsibility of the gun owner.

 

The personal responsibility of the gun owner

Whether you come from Germany, Austria or Switzerland: In all cases, you are responsible and liable if something goes wrong. An official permit in your home country allowing you to take the weapons registered in the EU FWP to another country does not override the laws applicable there. Research is therefore a must to ensure that you do not enter a country with a weapon that is prohibited in the destination country. You yourself must know whether you are allowed to take the weapons permitted in your home country with you due to the regulations applicable in the destination country.

 

Briefly summarized:

The entry in your EU FWP allows you to take the registered firearms abroad, based on your personal possession authorizations in your home country. However, as your separate possession authorization (WBK) is only valid nationally, i.e. within your home country, and the EU-FWP is only a cross-border authorization to carry, but not a possession authorization, you must ensure that you are also allowed to possess the firearms you have taken with you abroad. At this point, we would like to refer once again to the muzzle-loading repeating shotgun, the possession of which is generally prohibited in Austria, but permitted in Germany if the minimum dimensions are met.

Better safe than sorry:
In the case of a hunting trip or an international shooting competition, it is advisable - if only for the sake of diligence - to consult your competent firearms authority. If necessary, they can issue an exemption permit in consultation with the competent authority of the destination country. Although this involves a certain amount of expense, you can rest assured thanks to the official decision. And after all: the worst thing the officials can tell you is that you simply have to take another weapon with you due to the circumstances.

References:

• https://www.fedpol.admin.ch/fedpol/de/home/sicherheit/waffen/meldepflichtig.html
• https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10006016
• https://www.fedlex.admin.ch/eli/cc/1998/2535_2535_2535/de#art_4
• https://www.gesetze.li/konso/2008275000