Federal vote on the implementation of the EU weapons directive in Swiss weapons law

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Assault rifle 90 : Due to EU directives, among other things, the size of the magazines is to be restricted. Parts of the weapons must also be marked with numbers. In the EU, such weapons are considered forbidden weapons of war, in Switzerland they can often be found on the 300-meter lanes of rifle clubs.
A common sight in Switzerland: a soldier with an assault rifle in public.

The vote on the implementation of the EU Weapons Directive in Swiss weapons law (formally: "Federal decision of 28.09.2018 on the approval and implementation of the exchange of notes between Switzerland and the EU regarding the adoption of Directive [EU] 2017/853 amending the EU -Weapons Directive [further development of the Schengen acquis] ") was a referendum of the Swiss electorate that took place on May 19, 2019. A vote was taken as to whether the amendments to the Swiss Weapons Act passed by the Swiss Parliament ( National Council and Council of States ) on September 28, 2018, will come into force.

The interest group Shooting Switzerland (IGS) had collected 125,000 signatures across Switzerland against the planned changes . 50,000 signatures would have been required. The application for a referendum was formally submitted by the IGS to the Federal Chancellery on January 17, 2019 . In the vote on May 19, 2019, the changes proposed by the Federal Council and Parliament were finally clearly accepted.

background

On February 13, 2011, the Swiss electorate voted on a tightening of the Swiss gun law from 2008. The federal popular initiative “For protection against armed violence” was rejected by the electorate.

After the Paris attacks in 2015 , the European Union decided to revise and tighten up European weapons law and issued the “EU Weapons Directive 2017 (EU) 2017/853”, which the member states had to transpose into national laws by June 30, 2019. Although Switzerland is not a member of the EU, on the basis of the Association Agreement with the EU of October 26, 2004, it has committed itself to adopting changes in gun law. Accordingly, it announced an amendment to Swiss gun law by federal decree of September 28, 2018. The Federal Council set January 17, 2019 as the deadline for a referendum. The IGS then submitted the referendum to the Federal Chancellery on time.

Position references

All major Swiss parties, with the exception of the SVP and two cantonal sections of the Young Liberals, spoke out in favor of changing Swiss gun law . The Federal Council, the National Council and the Council of States positioned themselves for the change in the law. Also economiesuisse and the Swiss Trade Association spoke in favor of the changes. In addition to the initiators, the Swiss Officers' Society (SOG) also voted for a “no” .

Arguments of the proponents

Proponents of the amendment to the gun law feared that if the amendments had been voted “No”, the European Union could have terminated important treaties such as the Schengen Agreement and the Dublin Agreement. As a result, Switzerland would have stood alone in Europe and free movement and trade could have been endangered. The Federal Council was able to agree a good compromise: Although the assault rifles, which are widespread in Switzerland, would be declared as “prohibited weapons” by the weapons law, this declaration did not automatically mean that they would actually be “prohibited”. As a rule, no owner of an assault rifle would have to return it, but would have to apply for a “weapon exemption permit” after a transition period of five years in order to continue to own this weapon. As provided by the EU, he would have to prove a need by proving that he is a member of a shooting club or that he regularly trains with a gun on a shooting range. Most privately owned assault rifles would not be affected by the amendment to the Weapons Act anyway, as they are weapons that the military would have given their soldiers as private property and these were not subject to EU regulations. The identification period and registration of weapons and weapon parts (magazines, barrels, etc.) would have to be carried out within three years. This has long been a requirement in other European countries. Assault rifles with magazines of fewer than 11 cartridges or pistols with magazines of fewer than 21 cartridges would not be declared as “prohibited weapons”. The centuries-old tradition of gun ownership in private households (around 45% of households in Switzerland have one or more guns) is not threatened; In addition, the Swiss militia system is not affected by the change in gun law. Members could still keep their ordinance weapons at home.

Arguments of the opponents

For the opponents, the amendment to the Weapons Act is an attack on Switzerland's “rights of freedom”. Swiss citizens - and most foreigners living in Switzerland - would have a right to own an assault rifle. The amendment of the Arms Act made this right a privilege, over which non-democratically elected officials decided. The “armament of the people” would have made the Swiss state possible. That is why they started the campaign “No to the EU's disarmament dictate”. Also the registration of weapons and weapon parts, as well as the proof of a need, is a bureaucratic monster that does not bring anything. Opponents say that the attacks in Paris were not carried out with legal weapons. The European Union would have had no interest in terminating the existing treaties with Switzerland because of a democratically legitimized rejection of the changes. Rather, the EU would have had a self-interest that the treaties with Switzerland would remain valid.

poll

Results by canton

The amendment to the gun law proposed by the Federal Council was approved by a clear majority in the vote on May 19, 2019.

  • No (1 0 / 2 Scores)
  • Yes (19 6 / 2 Scores)
    • Change in gun law - preliminary official final results
    Canton Yes (%) No (%) Participation (%)
    Kanton AargauKanton Aargau Aargau 59.4 40.6 42.1
    Canton of Appenzell AusserrhodenCanton of Appenzell Ausserrhoden Appenzell Ausserrhoden 64.3 35.7 43.2
    Canton of Appenzell InnerrhodenCanton of Appenzell Innerrhoden Appenzell Innerrhoden 52.9 47.1 36.7
    Canton of Basel-CountryCanton of Basel-Country Basel-Country 62.4 37.6 41.8
    Canton of Basel-StadtCanton of Basel-Stadt Basel city 75.0 25.0 53.0
    Canton BernCanton Bern Bern 61.2 38.8 43.8
    Canton of FriborgCanton of Friborg Freiburg 62.0 38.0 40.9
    Canton of GenevaCanton of Geneva Geneva 72.8 27.2 45.3
    Canton of GlarusCanton of Glarus Glarus 55.6 44.4 36.7
    canton of Grisonscanton of Grisons Grisons 55.7 44.3 49.0
    Canton of JuraCanton of Jura law 61.9 38.1 38.9
    Canton lucerneCanton lucerne Lucerne 65.9 34.1 45.7
    Canton of NeuchâtelCanton of Neuchâtel Neuchâtel 72.6 27.4 39.3
    Canton of NidwaldenCanton of Nidwalden Nidwalden 53.4 46.6 48.6
    Canton of ObwaldenCanton of Obwalden Obwalden 51.7 48.3 47.6
    Canton of SchaffhausenCanton of Schaffhausen Schaffhausen 59.0 41.0 63.8
    Canton of SchwyzCanton of Schwyz Schwyz 51.6 48.4 47.0
    Canton of SolothurnCanton of Solothurn Solothurn 58.8 41.2 42.9
    Canton of St. GallenCanton of St. Gallen St. Gallen 64.0 36.0 42.0
    Canton of TicinoCanton of Ticino Ticino 45.5 54.5 46.3
    Canton of ThurgauCanton of Thurgau Thurgau 59.1 40.9 40.0
    Canton of UriCanton of Uri Uri 56.5 43.5 39.0
    Canton of VaudCanton of Vaud Vaud 71.6 28.4 44.5
    Canton of ValaisCanton of Valais Valais 57.1 42.9 44.6
    Canton of ZugCanton of Zug train 67.0 33.0 47.5
    Canton ZurichCanton Zurich Zurich 70.6 29.4 42.7
    Federal coat of arms ÜÜÜSwiss Confederation 63.7 36.3 43.3

    Web links

    Individual evidence

    1. ↑ "Swiss gun law is none of the EU's business". In: 20min.ch. January 17, 2019, accessed April 13, 2019 .
    2. ↑ Current: Partial revision of gun law. Swiss Federal Police fedpol, accessed on April 12, 2019 .
    3. ↑ Federal resolution on the approval and implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive (EU) 2017/853 amending the EU Weapons Directive. (PDF) federal-gazette, accessed April 12, 2019 .
    4. ↑ The template on gun law at a glance - On May 19, the sovereign votes on the implementation of the EU gun directive in Swiss gun law. The opponents want to prevent the end of Swiss shooting, those in favor of the end of Schengen membership. Neue Zürcher Zeitung, accessed on April 12, 2019 .
    5. ↑ Partial revision of weapons law: what changes and what does not change? Federal Police Office fedpol, accessed on April 12, 2019 .
    6. ↑ Referendum of May 19, 2019: Submission No. 628: Preliminary official final results. Swiss Federal Chancellery, accessed on May 19, 2019 .