Weapons Act (Switzerland)

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Basic data
Title: Federal Act on Guns,
Gun Accessories and Ammunition
Short title: weapon law
Abbreviation: Flat share
Type: Federal law
Scope: Switzerland
Legal matter: Military defense
Systematic
legal collection (SR) :		 514.54
Original version from: June 20, 1997
Entry into force on: January 1, 1999
Last change by: AS 2007 1411 (Customs Act) (PDF file; 664 kB)
Effective date of the
last change:		 December 12, 2008
Please note the note on the applicable legal version.

The Swiss federal law on weapons, weapons accessories and ammunition ( Weapons Act ) regulates the law on weapons in Switzerland . This applies to the handling of weapons (including cutting and stabbing weapons), electric shock devices , firearms and ammunition as well as the acquisition, possession, storage, carrying, carrying, trading, importing, exporting and transit and the manufacture of Weapons. It also defines accessories ( silencers , laser and night vision sights ) and prohibited items (e.g. switch knives , brass knuckles ) and prohibits or restricts their acquisition. Carrying dangerous objects can fall under the Weapons Act.

The Swiss arms legislation is considered to be one of the most liberal in the world, as possession and acquisition of arms and ammunition is generally permitted to every innocent citizen, provided that the law does not contain any special provisions. Special rules apply to the handling of the militiamen's privately stored army weapons .

The rules of the WG are detailed in the Weapons Ordinance (WV) .

scope

The law aims to combat the misuse of weapons, accessories and ammunition. It regulates the private and commercial acquisition, storage, transport, carrying and trading of weapons, accessories, components and ammunition. The law does not apply to customs and police authorities, as well as the military . Firearms manufactured before 1870 are also excluded.

Weapons within the meaning of the law include all (a) firearms but also (b) spray cans with certain irritants (according to Appendix 2 e.g. 2-chlorobenzylidenemalonic acid dinitrile , but not pepper spray ), (c) knives whose blades are automatic with one hand Mechanism can be extended, butterfly knives , throwing knives and daggers with symmetrical blades; (d) brass knuckles , rods, sticks , throwing stars and the like. Electric shock devices such as tasers also fall under the law . (f) compressed air - and CO 2 Weapons that a muzzle energy development of at least 7.5 Joule; (g) Imitation, blank firing and soft-air weapons which, due to their appearance, can be confused with real firearms; The acquisition, carrying, brokering and importing of weapons according to letters c to e is prohibited. The cantons can grant exceptions within certain limits. It is forbidden to acquire, shoot and possess serial firearms and to transfer serial firearms that have been converted into semi-automatic weapons - with the exception of converted orderly weapons (personal weapons of members of the army; these can be converted into semi-automatic weapons for a small fee at the end of their service life and then become the property of the soldiers over). A single weapon acquisition license or a single special permit is required for acquisition through inheritance.

The law also covers dangerous objects.

Development of the law

history

The Swiss gun law was a cantonal matter until well into the 20th century and was not least committed to the idea of ​​arming the people for possible conflicts. In some cantons it was even mandatory to have a weapon in order to get married; on other occasions (e.g. the Landsgemeinde ) a personal weapon had to be presented. In 1969, an intercantonal concordat set some cornerstones in the arms trade. In 1972 the federal law for the import, transit, export and manufacture of weapons came into force.

With the introduction of the currently valid Weapons Act in 1999, the Weapons Act is no longer regulated by the cantons for the first time. With more restrictive regulations and standardization, federal policy is trying to limit the misuse of weapons and level the cantonal differences. A weapon acquisition license was introduced for semi-automatic long guns; Converted semi-automatic weapons (i.e. formerly fully automatic weapons) were made subject to the requirement for a special permit for the acquisition (i.e. acquisition prohibited in the same way as fully automatic weapons). Silencers and laser aiming aids were banned. The granting of weapons-carrying permits has in fact been stopped, with the exception of security guards.

Revision of December 12, 2008 (currently January 1, 2013)

The current WG was revised in parliamentary deliberations and because of the accession to the Schengen Agreement and came into force on December 12, 2008. In particular, the following points have been added or tightened in the Weapons Act:

  • The purchase ban for numerous Southeast European citizens has been extended to a possession ban.
  • A weapons acquisition license is required for trading weapons among private individuals; So far, due diligence and a written contract have been sufficient. There are still some exceptions, e.g. B. for sports repeater. All changes of hands must be reported to the police (copy of the contract).
  • The law now includes the definition of “dangerous objects” (e.g. tools, sports or household appliances such as hammers, kitchen knives or baseball bats). These items may only be carried if it can be credibly demonstrated that carrying them is justified on the basis of their intended use. Swiss army knives are explicitly excluded here and are not regarded as a "dangerous object".
  • The time limit for antique weapons is moved from 1890 to 1870.
  • There is now a post-registration and authorization requirement for owners of series firearms, weapon accessories and acc. Art. 10 facilitates acquiring weapons. For the latter, however, there are again exceptions to the obligation to register, depending on the acquisition method at the time (the possibility of late registration expired in December 2009).
  • Only those who are allowed to acquire the associated weapon are now entitled to purchase ammunition.
  • For the acquisition of weapons, a reason for acquisition must now be specified, unless the acquisition is for sports, hunting or collecting purposes.
  • The knife definitions, permits and restrictions have been adjusted again.
  • The anonymous offering of weapons on electronic platforms is prohibited; there is an explicit obligation to provide information to the authorities.
  • The European firearms pass was introduced for Switzerland. This can make traveling with weapons easier, although all local laws must still be observed.
  • Shooting outside of official shooting ranges in publicly accessible places was regulated.

Revision of the ordinance of July 28, 2010 (currently March 15, 2014)

Due to the further development of Schengen law, some provisions for traders and registry operators in the regulation have been changed, namely:

  • Information in the cantonal electronic information systems on the acquisition of weapons must be kept for at least 30 years. Prosecution and judicial authorities of the cantons and the federal government may access these systems in order to fulfill their legal tasks.
  • The cantons will keep the weapons books for 20 years.
  • Arms dealers now have to keep records of repairs to restore firearms to firearms.
  • The smallest packaging unit of ammunition is now subject to mandatory marking.

An official guide from Fedpol is available under the title “Gun Law after Schengen Adjustment and National Revision” from the Federal Publications Sales Department. Numerous forms on the subject can be found on the Fedpol homepage.

Popular initiatives

The federal popular initiative “For protection against armed violence” was rejected on February 13, 2011 with 56.3% no votes by the people and the cantons. She wanted to delete Article 107 of the Federal Constitution, Arms and War Material , and create a new Article 118a, Protection from Armed Violence, which contains the following key points:

  • Gun possession is only allowed if a proof of need and ability is given.
  • The home storage of army weapons will be abolished, as will the possible release of service weapons after they have completed their service.
  • The possession of fully automatic weapons and forearm rifles for private individuals is prohibited.
  • All weapons must be registered centrally.

The initiative “For Protection from Armed Violence” was launched by a committee that includes, in particular, left-wing and Christian groups and parties, peace organizations, medical associations, suicide prevention and women's organizations. It was rejected by the people and the cantons on February 13, 2011. Right-wing politicians, riflemen, gun collectors, hunters and military organizations, which had come together under the leadership of the Interest Group Shooting Switzerland (IGS) to form the No weapons initiative, had spoken out against the initiative .

Regulations

Acquisition

Swiss citizens (or foreigners with a permanent residence permit) are permitted to purchase non-prohibited weapons in the trade, provided they can present a weapons acquisition license. This is usually given by the canton, provided the person is at least 18 years old, not incapacitated and has no entries in the criminal record.

A gun acquisition license is not required if you want to acquire single-shot rifles or single-shot replicas of muzzle-loaders. Hunting rifles and repeating rifles - including old military rifles such as carbine 11 and carbine 31 - can also be acquired by sport shooters without a purchase certificate. In the private sector, the sales contract must always be put in writing, kept for ten years and reported to the authorities. From March 15, 2014, an extract from the criminal record of the purchaser must also be submitted to the authorities. He must obtain this if he has doubts that the acquirer fulfills the legal requirements for the transfer of the weapon.

Foreigners without a permanent residence permit need an acquisition certificate to purchase. In order to receive it, they must prove that they are authorized to purchase a weapon in their home state. The acquisition, possession and carrying of weapons, ammunition and the like are generally prohibited for nationals of the following countries: Serbia , Bosnia and Herzegovina , Kosovo , Macedonia , Turkey , Sri Lanka , Algeria , Albania . Only the federal government can grant special permits.

The same rules apply to the purchase of ammunition. This can be purchased in a simplified manner at shooting events. Anyone over the age of 18 may take unused ammunition home with them (with the exception of federal exercises , where the army's ammunition order applies).

trade

Anyone who wants to trade in weapons or manufacture them on a commercial basis requires an arms trade license.

An arms trading license is issued to a person:

  • for which there is no obstacle under Article 8 Paragraph 2 of the WG;
  • which is registered in the commercial register;
  • who has proven himself in an examination of sufficient knowledge of the types of weapons and ammunition as well as the legal provisions;
  • which has special business premises in which weapons, essential and specially designed weapon components, weapon accessories, ammunition and ammunition components can be safely stored;
  • offers a guarantee for the proper conduct of business.

It is forbidden for private individuals to manufacture weapons and weapon components or to manipulate them in such a way that they are regarded as prohibited weapons.

Authorization is required for the import, export and transit of weapons, components and ammunition, both for commercial purposes and for private use.

storage

According to Art. 26, weapons must be stored carefully. Access by unauthorized third parties must be prevented, for example by keeping the lock separately or by keeping the weapon in a suitable safe. In contrast to the legislation in neighboring countries, the law does not make any specific requirements on the type of storage, the storage container or how access must be prevented for unauthorized third parties. Article 47 of the ordinance stipulates the mandatory separation of weapon and breech and the enclosure of the same for series firearms and series firearms converted into semi-automatic weapons.

Theft of weapons must be reported immediately.

Carrying arms

Anyone who wants to carry a weapon in public needs a permit. This is granted if

  1. the requirements for issuing a purchase certificate are met,
  2. the person makes credible that they need the weapon to protect themselves, others or property and
  3. an exam is passed.

The permit is valid for a maximum of five years. Hunters with the appropriate license, gamekeepers and gamekeepers do not need any such. In order to acquire a hunting license, a cantonal examination must be taken.

Transportation of weapons

Swiss with an SG550 in public

There is a legal distinction between carrying and transporting a weapon (WG Art. 28). No permit to carry weapons is required for the transport of weapons, in particular:

  1. to and from courses, exercises and events organized by shooting, hunting or airsoft gun clubs as well as by military clubs and associations
  2. to and from an armory
  3. from and to a holder of an arms trading license
  4. from and to specialist events
  5. when changing residence

The weapon and ammunition must be separated during transport (i.e. no ammunition in the magazine or in the weapon). It should be noted that transport within the meaning of the law can only be asserted on the direct route to the destination.

Here, too, it is again true that the list is not exhaustive. That is why the term “in particular” was used. The list gives an indication of the cases in which “arms transport” can be used.

Carrying dangerous objects

In 2008, Art. 28a extended the scope of the Weapons Act to include dangerous objects. In particular, it is forbidden to carry dangerous objects or to carry them in vehicles if it cannot be credibly demonstrated that this is justified by intended use, or if the impression is given that the object is intended to be misused, in particular in order to intimidate or threaten people or hurt. The term “dangerous object” is not defined more precisely in law or regulation and can apply to many objects (e.g. baseball bats, screwdrivers, kitchen knives, etc.). Swiss army pocket knives and similar commercially available products cannot be considered dangerous objects according to Art. 4 and may be carried.

Delivery of weapons and ammunition

The cantons are obliged to accept weapons, essential and specially designed weapon components, weapon accessories, ammunition and ammunition components free of charge. This can usually be done informally at any police station, only for weapons a waiver has to be signed.

Punish

Whoever is punished with imprisonment or a fine (in extreme cases up to 5 years or 100,000 francs)

  1. acquires, sells, imports, exports, manufactures or changes weapons without authorization (in accordance with this law),
  2. does not apply for the necessary permits for import or export,
  3. makes false statements about the issuance of such,
  4. Weapons or their components are not carefully stored,
  5. transports a firearm without separating the weapon and ammunition,
  6. Forges documents,
  7. Due diligence neglected,
  8. Draws up or manipulates contracts untrue,
  9. Do not report the loss to the police immediately or
  10. does not have an existing weapon carrying permit.

In minor cases, punishment can be waived (WG Art. 34 Para. 2).

literature

  • R. Sutter, N. Facincani, F. Aslantas, M. Bopp, B. Etter, J. Jendis, B. Leupi-Landtwig: Arms Act (Stämpflis Handkommentar SHK) . Stämpfli Verlag, Bern, 2017, ISBN 978-3-7272-5156-6
  • Richard Munday: Most armed and most free? Piedmont Publishing. Brightlingsea / Essex 1996

Web links

Individual evidence

  1. ^ Anne-Marie Dubler , Fritz Häusler: Weapons. In: Historical Lexicon of Switzerland . December 27, 2014 , accessed June 13, 2019 .
  2. ^ Initiative "For the protection against armed violence". Carrying and supporting organizations. Archived from the original on December 10, 2010 .;
  3. ↑ http://www.ejpd.admin.ch/content/ejpd/de/home/dokumentation/mi/2014/2014-02-12.html
  4. ↑ SR 514.541 Ordinance on Weapons, Weapon Accessories and Ammunition , Article 12; As of December 12, 2008