BASICS: The big magazines and Austria

Today we want to take a look at the gun law. On December 14, 2019, a new gun law came into effect in Austria, which brought some changes. On the one hand, sports shooters now have access to several new semi-automatic rifles, but there are also new restrictions. The most prominent is the ban on "large" magazines, which affects almost every shooter.

Unfortunately, there is still confusion about what to do with existing magazines and we want to provide some clarification. In our video, we explain what the deal is with the magazines. We will also summarize all the information here.

First of all: this is not legal advice, for detailed questions please contact the firearms authority or a lawyer specializing in firearms law. The following information applies only to Austria, not to Germany. The laws are different there.

The Bans

What does the law say? Today we are focusing on §17.(1) Clauses 7 to 10, which describe the possession, or rather the prohibition, of large magazines.

Weapons of Category A (Prohibited Weapons and War Material)
Prohibited Weapons
§ 17.(1) The acquisition, import, possession, transfer, and carrying of
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7. semi-automatic handguns with centerfire ignition and built-in or insertable magazines that can hold more than 20 rounds;
8. semi-automatic firearms with centerfire ignition, unless falling under 7, with built-in or insertable magazines that can hold more than ten rounds;

Federal Law Consolidated: Entire Legal Provision for the Firearms Act 1996

These two points state that, as soon as you attach a magazine that holds more than twenty rounds to a pistol or a magazine that holds more than 10 rounds to a semi-automatic rifle, it becomes a prohibited weapon. So without the magazine, a pistol or a semi-automatic rifle is classified as a category B weapon. With bolt-action rifles, you can still attach 30 round magazines, as they are not semi-automatic and therefore fall under category C.

Weapons of Category A (Prohibited Weapons and War Material)
Prohibited Weapons
§ 17.(1) The acquisition, import, possession, transfer, and carrying of
…
9. magazines for semi-automatic handguns with centerfire ignition that can hold more than 20 rounds;
10. magazines for semi-automatic firearms with centerfire ignition, unless falling under 7, that can hold more than ten rounds;

Federal Law Consolidated: Entire Legal Provision for the Firearms Act 1996

These are the two points that prohibit the mere possession and acquisition of large magazines. Magazines with more than 20 rounds for pistols are prohibited, and for semi-automatic rifles, magazines with more than 10 rounds are also prohibited.

Notes on the Bans

The attentive reader may have noticed the term "centerfire ignition". These are - to put it simply - normal cartridges, small caliber cartridges (.22LR) are designed as centerfire. Therefore, magazines with more than 10 rounds for rifles and 20 rounds for pistols can still be acquired and used for small caliber semi-automatic firearms.

Large magazines are now considered "prohibited weapons". Yes, the magazine is now a weapon. A peculiar wording, we think, but that's the way it is.

For magazines that fit both a semi-automatic and a bolt-action rifle, such as classic M4 magazines in 5.56x45mm, a peculiar situation arises. For example, a TROY PAR National 223 fore-end bolt-action rifle, for which you are still allowed to acquire 30 round magazines, as it is classified as a category C weapon. At the same time, the magazine also fits into the corresponding semi-automatic rifles. Therefore, the magazine is a category A weapon, for which you need an exemption to acquire and possess. If you have the exemption, you can purchase the magazine and attach it to the bolt-action rifle.

Transitional Provisions

Transitional Provisions
§ 58. (1) The Federal Minister of the Interior shall determine by regulation the point in time at which the registration obligation according to § 33 comes into effect.
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(13) For individuals who lawfully possess prohibited weapons according to § 17 (1) items 7 to 11 at the time of the entry into force according to § 62 (21), the possession of these prohibited weapons will continue to be allowed if the persons concerned report this to the authority within two years from the date of entry into force according to § 62 (21). For prohibited weapons according to § 17 (1) items 9 and 10, the authority must grant the affected person an exception from the prohibition to possess or carry such magazines. For prohibited weapons according to § 17 (1) items 7, 8, and 11, the authority shall issue a firearms license or a firearms passport for such weapons in accordance with the previous authorization. The existing firearms license or firearms passport for firearms of Category B must be restricted by the authority accordingly.

Federal Law Consolidated: Entire Legal Provision for the Firearms Act 1996

Now, in the law, there is a section on transitional provisions in which, in classic legal German language, it states that you are allowed to keep your legally owned magazines if you report them to the authority. The law came into effect on December 14, 2019, so you have until December 13, 2021 at the latest to report your magazines and keep them legally.

December 13, 2021 is a Monday and on this day, you should at the very latest submit your application to the authority. Otherwise, from December 14, 2021, you will be in possession of prohibited weapons, which can have painful legal consequences.

Possibilities for Reporting

For those who decide, "I want to keep my magazines legal," there are now two ways to achieve this. Firstly, they can simply report their large magazines to the authority according to point 9 or 10. These will then be quantitatively recorded in the Central Weapons Register (ZWR) and you will receive a note on your WBK that you are allowed to own and acquire X number of magazines according to a certain section.

Yes, you can continue to buy large magazines, as long as you do not exceed the maximum number allowed.

Those who choose this path will have legalized their magazines, but strictly speaking, they are not allowed to attach them to a weapon outside of a officially approved shooting range. Possession of a category A weapon is illegal, and as soon as the magazine is attached to your category B weapon, it becomes category A according to §17 (1), point 7 and point 8.

However, if you want to attach your large magazines to your weapon at home or at other shooting ranges, you can report the weapon as category A according to §17 (1), point 7 or point 8, i.e., the weapon with the magazine attached. However, the weapon must have been in your possession before December 14, 2019. This is the second option. In this case, the magazines will be noted as accessories to the corresponding weapon in the ZWR, and you can buy as many magazines as you want since you are not subject to a maximum limit.

You must also report every magazine you purchase. Additionally, you must report every magazine that breaks and is disposed of, as otherwise it could lead to problems during weapon inspections. The magazines for the weapon according to §17 (1), point 7 or point 8 are considered accessories in the ZWR, but they occupy no accessory space ("platzfrei").

The Reporting Process

How can you now report your magazines and/or weapons? Your responsible weapons authority will provide you with the details, as each one varies slightly, as we have found out nationwide in Austria. One thing was always the same: you must create a list of all large magazines you owned before December 14, 2019.

We unfortunately cannot provide a general answer on whether this list needs to be organized by manufacturer, associated weapon, or just by quantity and caliber. However, your responsible authority will have all the answers.

Further Details

This sentence from the transitional provisions often leads to confusion: "The existing weapons possession card or the existing firearm license for firearms of category B must be restricted by the authority accordingly." This sentence simply means that you are changing a space and not receiving an additional one.

Usually, you have two category B slots on your WBK, meaning you can have a maximum of two semi-automatics or pistols. However, if you report one of these category B weapons according to §17 (1), point 7 or point 8 on a category A weapon, theoretically a category B slot would become available. So you would have a category A weapon and still two category B slots. Nevertheless, your WBK would be reduced by one category B slot.

In the extreme case, if you already have 5 category B slots including weapons on your WBK, you can convert all of them to category A slots. Then you would have 5 category A slots according to §17 (1), point 7 or point 8 and zero category B slots.

A frequently asked question: "If I have reported my weapon with the magazines as category A, can it be fully automatic?" Short answer: No, it cannot. You are only entitled to own a category A according to point 7 or point 8, which is a semi-automatic with a large, attached magazine. To own a fully automatic weapon, you would need a completely different permit, under the term War Material §18.

Another common question: Magazine limiters. We have to disappoint you, a magazine limiter fundamentally does not change the legal classification of the magazine. This means that the classification of the magazine is determined by its capacity without the limiter.

An interesting point is also the storage of the large magazines. There is currently no regulation on this, but we suspect that since these are category A weapons, the magazines will need to be checked every five years. We recommend treating your large magazines like ammunition and storing them securely to prevent unauthorized access. Better safe than sorry.

So report your large magazines, as soon the mere possession of such items will be illegal, regardless of whether you own a weapon or not!

Of particular interest is the question: Your weapon is now category A (or your magazines are). What does this mean if you, as a shooter, want to travel abroad with your equipment in a new category? We will clarify that for you soon...