Weapons Act (WA)

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In The Matter OfWeapons Act (WA)
Exhibit A
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Amended by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).

English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.

Section 1 Exemption Permits

Inserted by the Annex to the FD of 28 Sept. 2018 on the approval and the implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive (EU) 2017/853 on the Amendment of the EU Weapons Directive, in force since 15 Aug. 2019 (AS 2019 2415; BBl 2018 1881).

Art. 28b Weapons other than firearms and weapon accessories

Exemption permits for the transfer of possession, acquisition, brokerage for recipients in Switzerland and bringing into Switzerland of objects specified in Article 5 paragraph 2 may only be issued if: a. there are legitimate grounds for doing so, b. no impediments under Article 8 paragraph 2 exist; and c. the special requirements of this Act are met. 2 Legitimate grounds are in particular: a. professional requirements; b. use for industrial purposes; c. compensating for physical handicaps; d. collecting

Art. 28b — Inserted by No I of the FA of 22 June 2007 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713). Amended by the Annex to the FD of 28 Sept. 2018 on the approval and the implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive (EU) 2017/853 on the Amendment of the EU Weapons Directive, in force since 15 Aug. 2019 (AS 2019 2415; BBl 2018 1881).

Art. 28c Firearms and essential or specially designed weapon components

1 Exemption permits for the transfer of possession, acquisition, brokerage for recipients in Switzerland, bringing into Switzerland and possession of objects specified in Article 5 paragraph 1 may only be issued if: a. there are legitimate grounds for doing so; b. no impediments under Article 8 paragraph 2 exist; and c. the special requirements of this Act are met. 2 Legitimate grounds are in particular: a. professional requirements, in particular with regard to carrying out protection duties, such as protecting persons, critical infrastructure or the transport of valuables; b. recreational target shooting; c. collecting; d. national defence requirements; e. educational, cultural, research or historical purposes. 3 Exemption permits for shooting in accordance with Article 5 paragraphs 3 and 4 may be issued if there are no impediments under Article 8 paragraph 2 and suitable measures are taken to guarantee safety.

Art. 28c — Inserted by the Annex to the FD of 28 Sept. 2018 on the approval and the implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive (EU) 2017/853 on the Amendment of the EU Weapons Directive, in force since 15 Aug. 2019 (AS 2019 2415; BBl 2018 1881).

Art. 28d Special requirements for target shooters

1 The issue of exemption permits for the purpose of recreational target shooting is limited to firearms and essential weapon components in accordance with Article 5 paragraph 1 letters b and c and to specially designed weapon components and weapon accessories that are genuinely required for this purpose. 2 Exemption permits are only issued to persons who prove to the competent cantonal authority that they: a. are members of a shooting club; or b. they use their firearm regularly for recreational target shooting without being a member of a shooting club. 3 Proof in accordance with paragraph 2 must be provided after 5 and after 10 years.

Art. 28d — Inserted by the Annex to the FD of 28 Sept. 2018 on the approval and the implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive (EU) 2017/853 on the Amendment of the EU Weapons Directive, in force since 15 Aug. 2019 (AS 2019 2415; BBl 2018 1881).

Art. 28e Special requirements and obligations for collectors and museums

1 Exemption permits may only be issued to collectors if the persons or institutions concerned prove that they have taken suitable precautions in accordance with Article 26 to store the collection safely. 2 Collectors and museums must: a. keep a list of all firearms in accordance with Article 5 paragraph 1 that are in their possession; the list must be kept up-to-date; b. be able to present the list and the related exemption permits to the authorities on request.

Art. 28e — Inserted by the Annex to the FD of 28 Sept. 2018 on the approval and the implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive (EU) 2017/853 on the Amendment of the EU Weapons Directive, in force since 15 Aug. 2019 (AS 2019 2415; BBl 2018 1881).

Section 2 Control, Administrative Sanctions and Fe

Inserted by the Annex to the FD of 28 Sept. 2018 on the approval and the implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive (EU) 2017/853 on the Amendment of the EU Weapons Directive, in force since 15 Aug. 2019 (AS 2019 2415; BBl 2018 1881).

Art. 29 Control

1 The cantonal executive bodies are authorised, in the presence of the person holding a permit under this Act or a person representing them, to: a. check compliance with the conditions and requirements linked to the permit; b. visit the business premises of the holder of a weapons trading permit during the normal hours of business without prior notice and inspect the relevant files. 2 They shall seize incriminating evidence. 3 Holders of a weapons trading permits are subject to control and inspection as defined in paragraph 1 at regular intervals.

Art. 29 — Amended by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).

Art. 30 Withdrawal of permits

1 The competent authority shall withdraw a permit if: a. the requirements that led to the permit being issued are no longer fulfilled; b. the conditions attached to the permit are no longer fulfilled. 2 ...

Para. 2 — Repealed by No I of the FA of 22 June 2007, with effect from 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).

Art. 30a Notification of the refusal or withdrawal of permits

1 An authority that refuses to issue a permit shall notify the Central Office of its refusal and state the reasons. 2 An authority that withdraws a permit shall notify the authority that issued it and the Central Office of its withdrawal.

Art. 30a — Inserted by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).

Art. 30b Right to report

Persons bound by official or professional secrecy are authorised to notify the competent cantonal and federal police and judicial authorities of any person who: a. uses weapons to endanger themselves or others; b. uses weapons to threaten themselves or third parties.

Art. 30b — Inserted by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).

Art. 31 Seizure and confiscation

1 The competent authority shall seize: a. weapons carried by persons who do not have authorisation; b. weapons, essential and specially designed weapon components, weapon accessories, ammunition and ammunition components from persons who are subject to an impediment under Article 8 paragraph 2 or who are not authorised to acquire or possess them; c. dangerous objects that are improperly carried; d. firearms, their essential components or accessories that are not marked in accordance with Article 18a; e. every elementary package of ammunition that is not marked in accordance with Article 18b. f. high capacity loading devices and the related firearm that are in the possession of persons who are not authorised to acquire or possess the same. 2 If the competent authority seizes weapons, essential or specially designed weapon components, weapon accessories, high capacity loading devices and the related firearm, ammunition or ammunition components, or dangerous objects from a person who is n

Art. 31 — Amended by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713). Para. 1 let. d — Inserted by Art. 2 of the FD of 11 Dec. 2009 on the Adoption and Implementation of the Exchange of Notes between Switzerland and the EC concerning the Adoption of Directive 2008/51/EC on Amending the Weapons Directive, in force since 28 July 2010 (AS 2010 2899; BBl 2009 3649). Para. 1 let. e — Inserted by Art. 2 of the FD of 11 Dec. 2009 on the Adopt

Art. 31a Taking receipt of weapons by the cantons

The cantons are obliged to take receipt of weapons, essential and specially designed weapon components, weapon accessories, ammunition and ammunition components free of charge. They may charge holders of a weapons trading permit a fee for taking receipt of these objects.

Art. 31a — Inserted by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).

Art. 31b Reporting office

1 The cantons shall designate a reporting office. They may delegate the tasks of this office to national-level organisations working in the field of weapons. 2 The reporting office performs the tasks assigned to it under Articles 11 paragraphs 3 and 4, 32k and 42a. It provides the law enforcement services of the cantons and the Confederation with the required information on request.

Art. 31b — Inserted by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).

Art. 31c Central office

1 The Federal Council shall designate a central office to provide the enforcing authorities with support. 2 Besides the mandate under Articles 9a paragraph 2, 22b, 24 paragraphs 3 and 4, 25 paragraphs 3 and 5, 31d, 32a, 32c and 32j paragraph 1, the central office also performs the following tasks in particular: a. it advises the enforcing authorities; b. it co-ordinates their activities; [tab] bbis. it processes requests from Swiss or foreign authorities to trace firearms, their essential components or accessories, ammunition and ammunition components, and forwards to foreign authorities appropriate requests by Swiss authorities; it is the contact point for technical and operative matters concerning traceability; c. it is the central reception centre and reporting office for the exchange of information with other Schengen states; d. it forwards to the canton of residence reports on persons resident in Switzerland who have acquired a firearm in a Schengen state; e. it compiles recommend

Art. 31c — Inserted by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713). Para. 2 let. tab — Inserted by Art. 2 of the FD of 23 Dec. 2011 on the Adoption and Implementation of the UN Firearms Protocol, in force since 1 Jan. 2013 (AS 2012 6777; BBl 2011 4555).

Art. 31d National co-ordination unit for evaluating firearms trace marks

1 The Confederation and the cantons may operate a national co-ordination unit for the central analysis of traces of firearms as defined under Article 4 paragraph 1 letters a and f. 2 The national co-ordination unit is operated by the central office.

Art. 31d — Inserted by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713).

Art. 32 Fees

The Federal Council determines the fees for: a. processing permits, conducting examinations and issuing certificates under this Act; b. storing seized weapons and dangerous objects carried improperly; c. measures concerning the seizure, definite confiscation and use of objects defined under Article 4.

Art. 32 — Amended by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 5499 5405 Art. 2 let. d; BBl 2006 2713). let. b — Amended by No I 5 of the FA of 25 Sept. 2015 on Improving the Exchange of Information between Authorities in relation to Weapons, in force since 1 July 2016 (AS 2016 1831; BBl 2014 303). let. c — Inserted by No I 5 of the FA of 25 Sept. 2015 on Improving the Exchange of Information between Authorities in relation to Weapons, in force since 1 July 2016 (AS 20