Weapons Act (WA)

By Steph2
12345678910111213141516171819202122
In The Matter OfWeapons Act (WA)
Exhibit A
Scroll to open

Inserted by Art. 3 No 6 of the FD of 17 Dec. 2004 on the Adoption and Implementation of the Bilateral Agreements between Switzerland and the EU on the Association with Schengen and Dublin, in force since 12 Dec. 2008 (AS 2008 447 5405 Art. 1 let. e; BBl 2004 5965).

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 Data Processing

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. 32a Information systems

1 The central office operates the following databases: a. a database on the acquisition of weapons by foreign nationals who do not have a settlement permit (DEWA database); b. a database on the acquisition of weapons by persons resident in another Schengen state (DEWS database); c. a database on the withdrawal and refusal of permits, and the seizure of weapons (DEBBWA database); d. a database on the transfer of army weapons to private ownership, and on conscripts and army personnel who are subject to an impediment to possessing a personal weapon under Article 113 of the Armed Forces Act of 3 February 1995 (DAWA database); e. a database on markings to trace firearms and their ammunition (DARUE database). 2 Every canton shall operate an electronic information system on the acquisition and possession of firearms. 3 In addition to the information system under paragraph 2, they may also operate a harmonised common information system on the acquisition and possession of firearms and designat

Art. 32a — 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). Para. 1 let. d — SR 510.10

Art. 32abis Notification of the OASI insurance number

1 The authorities who process data online in the information systems defined in Article 32a paragraphs 2 and 3 shall notify the central office of the OASI numbers in accordance with Article 50c of the Federal Act of 20 December 1946 on Old-Age and Survivors Insurance to be used in the DEBBWA and DAWA databases.

Art. 32abis — Inserted by No I of the FA of 23 Dec. 2011 (AS 2012 4551; BBl 2011 4555). Amended by Annex No 15 of the FA of 18 Dec. 2020 (Systematic Use of the OASI Number by Authorities), in force since 1 Jan. 2022 (AS 2021 758; BBl 2019 7359). Para. 1 — SR 831.10

Art. 32b Content of the databases

1 The DEWA and DEWS databases contain the following data: a. the personal data and register number of the person acquiring the weapon; b. the type of weapon, manufacturer, description, calibre, weapon number and date of transfer; c. the date of registration in the database. 2 The DEBBWA database contains the following data: a. the personal data and OASI number of any person whose permit has been withdrawn, who has been refused a permit, or from whom weapons have been seized; b. the circumstances leading to the withdrawal or refusal of the permit; c. the type and model of weapon and its number, and the date of its transfer; d. the circumstances leading to seizure; e. official rulings on seized weapons; f. the date of registration in the database. 3 The DAWA database contains the following data: a. the personal data and OASI number of any person who takes over possession of a weapon on leaving the army; b. the personal data and OASI number of any person whose personal or borrowed weapon

Art. 32b — 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). Para. 2 let. a — Term in accordance with Annex No 15 of the FA of 18 Dec. 2020 (Systematic Use of the OASI Number by Authorities), in force since 1 Jan. 2022 (AS 2021 758; BBl 2019 7359). This change has been made in the provisions specified in the AS. Para. 2 let. b — Amended by the Annex to the FD o

Art. 32c Disclosing data

1 All data contained in the DEWA, DEBBWA and DARUE databases may be disclosed to the following authorities to enable them to fulfil their statutory duties: a. the competent authorities of the canton of residence or home country; b. other federal and cantonal judicial and police authorities, and the authorities responsible for enforcing this Act; c. foreign police, law enforcement and security services, as well as Europol and INTERPOL offices. 2 Federal and cantonal law enforcement services, cantonal police authorities and the customs authorities may access all data contained in the DEWA, DEBBWA, DAWA and DARUE databases by means of an online access procedure. 3 The military authorities and the authorities responsible for implementing the Precursors Act of 25 September 2020 may access all data contained in the DEBBWA and DAWA database by means of an online access procedure. 4 The Central Office shall notify the competent departments of the military authorities immediately of any member

Art. 32c — 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). Para. 3 — SR 941.42 Para. 3 — Amended by Annex No 4 of the Precursors Act of 25 Sept. 2020, in force since 1 Jan. 2023 (AS 2022 352; BBl 2020 161).

Section 2 Data Processing and Data Protection unde

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. 32d Disclosing personal data to a Schengen state

Disclosing personal data to the competent authorities of Schengen states is equivalent to disclosing personal data between federal bodies.

Art. 32d — Amended by No I of the FA of 11 Dec. 2009 (Amendment to the Implementation of the Schengen acquis), in force since 28 July 2010 (AS 2010 2823; BBl 2009 3649).

Art. 32e Disclosing personal data to a state that is not bound by any of the Schengen association agreements

1 Personal data may only be disclosed to third states if they can guarantee an adequate level of data protection in accordance with Article 16 paragraph 1 of the Data Protection Act of 25 September 2020 (FADP). 2 If a third state does not guarantee an adequate level of data protection, personal data may be disclosed in the following cases: a. the person concerned has consented in accordance with Article 6 paragraph 6 and, if applicable, paragraph 7 FADP; b. disclosure is necessary to protect the life or physical integrity of the person concerned and it is not possible to obtain that person’s consent within a reasonable time; c. disclosure is necessary to safeguard overriding public interests or to determine, exercise or assert legal rights before a court or another competent foreign authority. 3 Besides the cases mentioned in paragraph 2, personal data may also be disclosed in special cases if sufficient guarantees ensure adequate protection of the person concerned. 4 The Federal Counc

Para. 1 — SR 235.1 Para. 1 — Amended by Annex 1 No II 44 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 2 let. c — Amended by Annex 1 No II 44 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).

Art. 32f

Repealed by No 6 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JI on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).

Art. 32g Right to information

The right to information is based on the federal or cantonal data protection provisions. …

Amended by No 6 of the FA of 19 March 2010 on the implementation of Framework Decision 2008/977/JI on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749). Second sentence repealed by Annex 1 No II 44 of the Data Protection Act of 25 Sept. 2020, with effect from 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).

Art. 32h and 32i

Repealed by No 6 of the FA of 19 March 2010 on the implementation of Framework Decision 2008/977/JI on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).

Section 3 Notification Requirements

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. 32j Notification by the military authorities

1 ... 2 The competent departments of the military authorities shall notify the Central Office of: a. the identity and OASI number of any person to whom ownership of a weapon is transferred on leaving the army, and of the type of weapon and weapon number; b. the identity and OASI number of any person whose personal weapon or borrowed weapon has been taken from them or confiscated, or who has not be given a personal or borrowed weapon under military legislation.

Para. 1 — Repealed by No I of the FA of 23 Dec. 2011, with effect from 1 Jan. 2013 (AS 2012 4551 6775; BBl 2011 4555). Para. 2 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).

Art. 32k Notification by the cantonal authorities and reporting offices

The competent cantonal authorities and reporting offices shall provide the Central Office with information available to them on: a. the identity of any person without a settlement permit in Switzerland who has acquired a weapon, or an essential or specially designed weapon component in Switzerland; b. the identity of any person resident in another Schengen state who has acquired a firearm, or an essential or specially designed weapon component in Switzerland; c. the weapons, or essential or specially designed weapon components acquired.