Key Aspects of Hungarian Gun Laws
A strict regulation of the use , carrying and storage of weapons remains in force in Hungary. The strict approach in the legislative practice has deep historical background. The 1867 Austro-Hungarian Compromise was the first step in establishing a well-structured gun control system. The Hungarian Act of 1878 on Weapons and Ammunition was more detailed than its predecessors. As a response to the principal loss of Hungary in World War I the 1920 law extended the regulation of sporting firearms as well. The Hunarian Act of 1928 on Criminal and Police Procedure also regulated the using and carrying of weapons for citizens. The new era following the disastrous World War II and the breakout of the Cold War saw the rise of the totalitarian government which further tightened the grasp of its citizens. The Act 1952 on Weapons and Ammunition kept reducing the circle of gun enthusiastic people until in 1997 independent Hungary last time revised its gun control system.
General requirements for owning a gun
The basic requirements for gun ownership in Hungary begin with the age requirement. The minimum age to hold a firearm ownership license is 18, and this requirement also applies to all additional licenses required to carry, possess, or even store a firearm. In addition to age, individuals must also meet health requirements which prevent them from obtaining licenses. Those with physical or mental impairments are disqualified from license issuance. Additionally, however, individuals must have not engaged in criminal activity within a specified period of time as determined by law. In addition to these requirements, individuals wishing to obtain licenses must also pass an exam regarding gun operation and safety. This exam is a written test, and if an individual is found to be unsuitable to own a gun, they have the right to appeal the refusal to issue a license. Individuals with a gun license in Hungary are not able to keep their weapons stored at home. Those that wish to store their weapon must do so in a person’s residence that is licensed specifically for that purpose. As holders of a firearm ownership license, individuals must also renew the license every 10 years; to do so, they must once again go through a written exam regarding gun operation and safety. This may also be accompanied by a physical inspection of the firearm to check for compliance with rules and regulations on manufacturing process and naming conventions.
Types of permits issued for firearms
The Hungarian Firearms Act (Act XXXIV of 1996), which regulates the ownership and possession of firearms in Hungary, imposes a comprehensive and well-structured framework for different types of firearms that are legally owned or held by private owners. These are summarized below:
(a) Non-fatal guns
Guns for signalling, starting races, and gas guns (including alarm pistols) are non-prohibited arms. Any person aged 18 years or over can obtain a valid license for such a firearm, without the need to undertake any test or training. However, the license must be issued for a specific gun, therefore, a non-fatal gun can only be traded if the sale contract contains the relevant data. Other trades of accessories or ammunition related to non-fatal guns or guns themselves are regulated in the same way as prohibited arms (see above).
(b) Sporting/hunting firearms
A person aged 18 years or over may obtain a firearms license for sporting/hunting firearms under a simplified procedure. In this case, there is no need to undertake any test or training, but the application must be accompanied by a valid permit and the training permit in the case of firearm-users.
(c) Repeating firearms with limited capacity to load cartridges, and single-shot cartridge-actuated guns
Repetition firearms which only allow manual loading of cartridges and can only use head-loaded ammunition are also subject to restricted trade in Hungary. As regards the trading of such firearms, the same rules apply as in the case of non-prohibited arms (see (a) above).
(d) Short-barrelled firearms
Short-barrelled firearms include pistol, revolver (hereinafter: handgun), rifle, shotgun or combination gun with a barrel length not exceeding 30 centimetres. Firearms with a barrel length exceeding 30 centimetres are medium-long and long-barrelled firearms. All handguns are deemed to be short-barrelled firearms; while long-barreled firearms basically include shot guns, rifles and therefore also firearms fitted with a silencer, due to a silencer’s integration into the barrel of the firearm. The license for handguns is only issued on condition of passing an exam which tests the applicant’s knowledge with regard to the relevant legal provisions, as well as ways of using, handling, maintaining, keeping and transporting such weapons. After passing the exam successfully, the applicant may use a legally owned handgun on the territory of the Republic of Hungary. However, persons are not allowed to bring such handguns out of the country as a tourist, and the carrying of handguns is subject either to licensing or notification to the police to be determined by the authority. These requirements also apply to the aforementioned firearms with a barrel length not exceeding 30 centimetres. If a collector requires a hand gun, he/she must possess a collector’s license as well.
(e) Other firearms
Other weapons are fully subject to an existing system of international conventions, all strictly prohibiting the manufacture, exportation and importation of said weapons. In addition, there are personal firearms, devices, and other technical equipment which can be used in the protection of persons, places, and properties.
Process for registering firearms
Just like strict licensing, registration laws are subject to interpretation by the authorities, but in general, the following information describes the process of registering a weapon in Hungary. The National Police headquarters (Raslaskor, Pest Megyei A K Varosi Kapitanysa) registers all weapons and is responsible for issuing licenses for the use of weapons. The fees for weapon registration in Hungary vary based on local responsibilities, but the District Office is the one that issues these fees. After the local government office has issued the fee, the registration will be done at the police office with the authority to do so, under the supervision of the State Secretary of the Ministry of the Interior, backed up by Minister Decree 431/2004 (XII. 23) on gun licenses and their issuance. Gun registrations are not done by privatized means. The procedure is very similar to that of a driving license application, and requires the appropriate pictorial documentation, the applicant’s personal data, and their signature. When registering a gun in Hungary, a person may interact with different offices in the system, including a healthcare department office, an administrative office, and a governmental office. Applicants for registration must also be at least eighteen years old.
Carrying and using guns
License holders may carry and use firearms only in cases of need. Hungary is considered a "may issue" country, meaning license holders may apply to carry and use firearms, but may be denied such a license if not deemed necessary. License holders may carry firearms concealed and worn on their body or out in the open. The firearm must be carried in a manner compatible with safety of others and must be fully secured by either being holstered or in a zipped pocket. If the firearm is carried out in the open, it must be placed in a manner so as not to cause public alarm. License holders may carry and use firearms in areas in which carrying and use of a firearm is generally allowed. Areas where carrying and use of firearms is generally prohibited are listed below:
- schools,
- kindergartens,
- playgrounds,
- public gardens and parks,
- facilities for the protection of family members of officials,
- facilities of the protection of women and children,
- persons under guardianship,
- elderly citizens, homeless persons and disabled persons,
- homes and premises of public trustees and those providing services to the elderly,
- premises of religious institutions,
- passenger ships, passenger boats, tenders,
- marketplaces,
- fairs,
- entertainment and amusement establishments,
- institutions for the care of juvenile and minors,
- intermediate and secondary educational institutions,
- technical colleges,
- boarding schools,
- licensed firefighting services,
- cultural establishments,
- and shopping centers.
Carrying and use of firearms is also prohibited in industrial security zones, within 300 metres from air traffic control zone, courthouses and surrounding premises, military facilities, and embassies and surrounding premises. Transporting firearms by car is permitted, provided that the firearm is fully secured by a lock and kept in an enclosed, protected portion of the vehicle.
Legal consequences of possessing an illegal gun
Given the fact that I live in the United States I do not really pay much attention to gun laws of other countries. Based on some google searches for "Hungary Gun Laws" that lead people to my site I thought I would write a short post explaining Hungary’s Gun Laws.
In Hungary, the possession and use of firearms and weapons is heavily regulated under the Act of 1996 on Firearms and Ammunition. In general, the act divides weapons into three groups; firearms (handguns, rifles, shotguns, sub-machine guns, etc), flame throwing devices and air weapons. Similar to the United States, there are several areas where the possession and use of firearms or weapons is not permitted. This includes, but is not limited to: public transport, restaurants, schools, hospitals, penitentiaries, places of public assembly, or even individuals homes if it can be reasonably assumed that a weapon held by an individual could lead to a regrettable out-come. More specifically, weapons are not permitted at: i) areas within a 100 meter distance from hunting and athletic shooting ranges; ii) areas within a 200 meter distance from game farms; iii) areas within a 200 meter distance from any of the following facilities: iv) any gatherings or events involving local government bodies, political organizations or political parties, use of natural resources, preparation of prescribed documents, security and protection of persons, maintenance of medical care, public health and sanitary institutions, maintenance and protection of public order. However, a variation may exist for holders of a unified national firearms license (Kenőcsi fegyverviselési engedély). In this case , firearms are permitted at all times, with the exception of the areas listed above. The most severe penalties for firearms possession or illegal use involve the intentional use of such weaponry. Article 157 (4) states that such a crime is punishable by imprisonment of 5-10 years. Also, if an individual uses a weapon to capture an individual who is trying to avoid lawful capture, that individual may be sentenced to imprisonment of 3-5 years. Penalties also vary based on whether the alleged individual has a regular gun permit, a limited gun permit, or no gun permit at all. For example, an individual charged with possessing a firearm without a proper permit who does not turn themselves in is facing 1-5 years imprisonment. However, the penalties decrease should an individual voluntarily turn over the illegal weapon. In this case, an individual faces up to 3 years imprisonment. Further, under Article 157(5) (h) an individual is sentenced to imprisonment ranging from 1-5 years in several cases. These cases, also known as "false usage of tools for healthcare services," occur when an individual (i) produces a firearm without a prior permit, (ii) uses a firearm without a prior license, (iii) uses a weapon on another human being for self defense, (iv) possesses unauthorized weaponry, (v) carries a firearm at an unauthorized place, (vi) transfers possession of a firearm to an unauthorized person. In the event that a crime was unintentional, and the individual possesses a valid permit, further charges include a ban of 1-5 years from using, acquiring, or holding a firearm.
Hungary vs other European nations
Hungary’s gun laws align with much of Western Europe, in part due to EU law. The EU has imposed a unified firearms directive which places a high burden on gun ownership and acquisition. However, non-EU Hungary has also established strong legislation without compulsion, demonstrating a similar risk-averse perspective. It is notable that survey after survey shows that European citizens are generally far more opposed to civilian gun ownership than are citizens of the United States.
The European Firearms Directive 91/477/EEC, published in the wake of the 1980 assassination of President Ronald Reagan, has been amended eleven times. It requires member states to adopt relatively strict gun ownership criteria and to limit handguns. The 2017 revision, which some EU members resist, further requires a wider ban on semi-automatic rifles. Even though Hungary remains outside of the EU, its restrictions are similar to those elsewhere in Europe.
Hungary has European Union’s third strictest gun laws, according to a 2018 report by the news agency Politico. It is surpassed only by Iceland and the Czech Republic, where civilians are required to go through rigorous steps and background checks before receiving an individual firearm permit. Similar to the US, Civilians cannot own automatic weapons unless they are members of a shooting team training or practicing for competitions recognized by the International Olympic Committee (IOC). Handguns are allowed, but semiautomatic rifles are banned. But the real difference between the two programs is at the level of its operation; In Hungary, gun permits are managed by the national police. On the other hand, the US Bureau of Alcohol, Tobacco & Firearms oversees gun permits and background checks. Many Americans criticize this, contending that it has led to low quality and a high volume of permits.
Despite these attempts at standardization, gun legislation and regulation inevitably vary by nation. A unifying trait across much of Europe is a general low rate of gun ownership. Only about 9% of citizens own guns in the European Union as a whole, and there are even lower rates in Central and Eastern Europe. Europeans display a high measure of concern toward gun violence and mass shootings. However, in Hungary, many citizens do not support a general gun ban. Some 53% view semi-automatic weapons as threaten public safety, while 82% believe hunting rifles and shotguns should be maintained as available to law-abiding citizens.
Gun legislation debate in Hungary
Public debate on gun legislation in Hungary has been a contentious topic among lawmakers, civic organizations, and ordinary citizens. Law enforcement agencies support strict regulations to ensure that firearms are not easily available to criminals or those who might misuse them. Police and other security forces claim that the current licensing procedure is burdensome, but they have generally supported the government’s refusal to fully comply with the EU Directive. Several conservative civic organizations, such as the Hungarian Hunting Association, have come out in favor of gun rights, arguing that firearm ownership is a basic human right and that legislation should protect this right. The association points out that firearm ownership provides essential economic, social, and psychological benefits. Gun ownership advocates in Hungary do not have organized lobbying groups like some foreign interest groups, including the National Rifle Association (NRA) and the Gun Owners of America. However, they have recently formed a more coordinated effort to pressure local and national lawmakers, following in the footsteps of their American counterparts. While the NRA has no formal allies in Hungary, its influence can be seen in some opposition to government proposals. Even among the general population, there is a mix of views on firearm ownership. Some express the opinion that private gun ownership is essential for personal safety, especially if they live in rough neighborhoods or work in dangerous professions. Others view gun ownership as a symbol of freedom and independence. Still, others argue that the current legislation and licensing procedure is sufficient for public safety and security.
Future prospects for gun laws
As political dynamics continue to shift both in Hungary and in the European Union as a whole, the future of gun laws remains a subject of ongoing debate and speculation. Legislative discussions surrounding the current law and its interpretation are ongoing, as stakeholders in various sectors of society weigh the benefits and risks associated with stricter gun regulations versus a more relaxed legal framework.
There is also the potential for broader European Union legislation to impact existing national legal frameworks, given the EU’s role in standardizing and harmonizing laws across member states. Any such action regarding firearms would likely face strong opposition from Hungary, given its significant gun-owning population and strong sentiments surrounding self-defense and individual liberties .
Future reforms may be influenced not only by EU legislation but also by local social movements and advocacy groups. Gun rights activists in Hungary have been organized and vocal in their opposition to any further restrictions on gun ownership. Such groups could play a pivotal role in shaping the future of gun legislation within the country by lobbying for less restrictive policies and educating the public and policymakers on the benefits of gun ownership.
In conclusion, while Hungary currently maintains a relatively moderate position within the European Union concerning gun laws, ongoing discussions and advocacy could lead to changes in the future. Keeping an eye on the internal political climate, as well as the broader context of EU law, will be crucial to understanding how Hungary’s gun laws may evolve over time.