¹ The purpose of this Act is to prevent the improper use of weapons, weapon components, weapon accessories, ammunition and ammunition components.

² It regulates the acquisition, bringing into Switzerland, export, storage, possession, carrying, transport, brokerage, manufacture of, and trade in:

a.

weapons, essential or specially designed weapon components, and weapon accessories;

b.

ammunition and ammunition components.

³ The purpose of this Act is also to prevent the improper carrying of dangerous objects.

¹ This Act does not apply to the Swiss Army, the Federal Intelligence Service, the customs authorities or the police services. Nor does it apply to the military authorities, with the exception of Articles 32a^bis, 32c and 32j.⁶

² Antique weapons are governed solely by Articles 27 and 28, and by the relevant criminal provisions of this Act. Antique weapons are defined as firearms that were manufactured before 1870, and cut, thrust or other weapons that were manufactured before 1900.

³ This Act applies without prejudice to the provisions of federal hunting and military legislation.

The right to acquire, possess and carry weapons in compliance with this Act is guaranteed.

¹ Weapons are defined as:

a.

devices that allow projectiles to be fired by means of a propellant charge and that can be carried and operated by a single person, or objects that can be converted into such devices (firearms);

b.

devices that are intended to permanently endanger a person's health through the spraying or vaporisation of substances;

c.

knives whose blade can be opened by means of an automatic mechanism that requires the use of one hand only, butterfly knives, throwing knives, and daggers with a symmetrical blade;

d.

devices that are intended to injure a person, in particular knuckledusters, simple or spring batons, throwing stars and slingshots;

e.

electrical shock devices that can impair a person's power of resistance or permanently damage a person's health;

f.

compressed air and CO₂ weapons that develop a muzzle energy of at least 7.5 joules or that can be mistaken for real firearms due to their appearance;

g.

imitation, blank cartridge and airsoft weapons that can be mistaken for real firearms due to their appearance.

² Weapon accessories are defined as:

a.

silencers and their specially designed components;

b.

laser and night vision devices, and their specially designed components;

c.

grenade launchers that are designed as an additional device for a firearm.

^2bis High capacity loading devices are loading devices for semi-automatic centrefire weapons that have a capacity of:

a.

more than 20 rounds in the case of handguns;

b.

more than 10 rounds in the case of small firearms.⁸

^2ter A Schengen state is a state bound by any of the Schengen Association Agreements. The Schengen Association Agreements are listed in the Annex.⁹

³ The Federal Council decides which objects are essential or specially designed components of weapons and weapon accessories, and are therefore regulated by this Act.

⁴ The Federal Council defines which compressed air, CO₂, imitation, blank cartridge and airsoft weapons, knives, daggers, electrical shock devices, devices in accordance with paragraph 1 letter b, and slingshots are considered to be weapons.

⁵ Ammunition is defined as firing material containing a propellant charge whose energy is transmitted onto a projectile by ignition in a firearm.

⁶ Dangerous objects are defined as objects such as tools, household appliances and sports equipment that can be used to injure a person. Penknives, such as the Swiss Army pocket knife and similar products, are not considered to be dangerous objects.

¹ The transfer, acquisition, brokerage for recipients in Switzerland, bringing into Switzerland and the possession of the following weapons are prohibited:

a.

automatic firearms and military launching devices for ammunition, for projectiles or for missiles that have an explosive effect, and their essential or specially designed components;

b.

automatic firearms modified to semi-automatic firearms, and their essential components; the foregoing does not apply to Swiss army firearms the ownership of which is acquired by the holder directly from the military authorities, and to components essential for maintaining the functionality of such weapons;

c.

the following semi-automatic centrefire weapons:

1.

handguns equipped with a high-capacity loading device,

2.

small firearms equipped with a high-capacity loading device;

d.

semi-automatic small firearms that may be shortened by means of a folding or telescopic shaft or without auxiliary means to a length of less than 60 cm, without losing any functionality;

e.

firearms that resemble an article of everyday use and their essential components;

f.

grenade launchers in accordance with Article 4 paragraph 2 letter c.

² The transfer, acquisition, brokerage for recipients in Switzerland, bringing into Switzerland and the possession of the following weapons are prohibited:

a.

knives and daggers in accordance with Article 4 paragraph 1 letter c;

b.

striking and throwing devices in accordance with Article 4 paragraph 1 letter d, with the exception of batons;

c.

electrical shock devices in accordance with Article 4 paragraph 1 letter e;

d.

weapon accessories.

³ Shooting with the following weapons is prohibited:

a.

automatic firearms;

b.

military launching devices for ammunition, for projectiles or for missiles that have an explosive effect;

⁴ Shooting using firearms in publicly accessible places outside officially authorised shooting events or shooting ranges is prohibited.

⁵ Shooting using firearms in places not accessible to the public that have been appropriately protected, and shooting while hunting is permitted.

⁶ The cantons may authorise exceptions to the prohibitions in paragraphs 1-4.

⁷ The Central Office (Art. 31c) may authorise exceptions to the ban on bringing weapons into Switzerland.

¹ The Federal Council may prohibit or make subject to compliance with special conditions the acquisition, possession, manufacture and bringing into Switzerland of ammunition and ammunition components that are proven to potentially cause serious injury.

² Ammunition and ammunition components that are used at ordinary shooting events or for hunting are exempt.

¹ Any person who acquires through inheritance weapons, essential or specially designed weapon components or weapon accessories that are prohibited under Article 5 paragraph 1 must apply for an exemption permit within six months.

² Foreign nationals who do not have a settlement permit but who are resident in Switzerland may only be granted an exemption permit for the acquisition of a weapon, an essential or specially designed weapon component or weapon accessory under Article 5 paragraph 1 if they submit an official attestation from their home country confirming that they are authorised to acquire such an object.

¹ Persons who are resident abroad may only be granted an exemption permit for the acquisition of a weapon, an essential or specially designed weapon component or weapon accessory under Article 5 paragraph 1 if they submit an official attestation from their country of residence confirming that they are authorised to acquire such an object.¹⁴

² Where there is doubt as to the authenticity of the attestation or the person is not able to submit such an attestation, the canton shall forward the file to the Central Office. The Central Office shall examine the attestation or may issue one if appropriate.

¹ The Federal Council may prohibit the acquisition, possession, offering for acquisition, brokerage or transfer of weapons, essential or specially designed weapon components, weapon accessories, ammunition and ammunition components, and the carrying of and shooting with weapons by nationals of certain states:

a.

if there is considerable risk of improper use;

b.

in order to take into account resolutions by the international community or principles of Swiss foreign policy.

² The cantons may exceptionally allow persons referred to in paragraph 1 who participate in hunting or shooting events or who perform tasks relating to the protection of people or property to acquire, possess or carry a weapon, or to shoot.

¹ Persons subject to a ban under Article 7 paragraph 1 must register weapons, essential or specially designed weapon components, weapon accessories, ammunition and ammunition components with the competent authority in their canton of residence within two months of the ban coming into force.

² They may submit an application for an exemption permit within six months of the ban coming into force. Failing that, they must transfer possession of the objects to an authorised person within this deadline.

³ If the application for an exemption permit is refused, the objects must be transferred to the possession of an authorised person within four months of the application being rejected: failing that, the objects will be confiscated.

¹ It is prohibited to offer weapons, essential or specially designed weapons components, weapon accessories, ammunition and ammunition components for acquisition if the competent authorities are unable to identify the supplier.

² It is prohibited to offer weapons, essential or specially designed weapon components, weapon accessories, ammunition and ammunition components for acquisition at public exhibitions and markets. Registered suppliers at public weapons trade fairs and authorised by the competent authority are exempt.

¹ Any person who wishes to acquire a weapon or essential weapon component requires a weapon acquisition permit.²¹

^1bis Any person who applies for a weapon acquisition permit for a firearm that is not intended for use in sport, hunting or as a collector's item must provide the reason for its acquisition.²²

² A weapon acquisition permit shall not be issued to any person:

a.

who has not yet reached 18 years of age;

b.²³

who is subject to a general deputyship or is represented through a care appointee;

c.

if there is reason to believe that they may use the weapon to harm themselves or others;

d.²⁴

in respect of whom a conviction for an act that indicates a violent disposition or that presents a danger to public safety, or for repeated felonies or misdemeanours appears in a standard private extract in accordance with Article 41 of the Criminal Records Register Act of 17 June 2016²⁵.

^2bis Any person who acquires firearms or essential weapon components through inheritance must apply for a weapon acquisition permit within six months unless the objects are transferred to the possession of an authorised person within this deadline.²⁶

^3-5 ...²⁷

¹ The weapon acquisition permit is issued by the competent authority in the canton of residence, or for persons who reside abroad by the competent authority in the canton in which the weapon is acquired.

² The authority shall obtain in advance an opinion from the cantonal authority in accordance with Article 6 of the Federal Act of 21 March 1997²⁹ on Measures to Safeguard Internal Security.

¹ Persons resident abroad must present the cantonal authority with an official attestation from their country of residence confirming they are authorised to acquire the weapon or essential weapon component.

^1bis Foreign nationals who do not have a settlement permit but who are resident in Switzerland must present the competent cantonal authority with an official attestation from their home country confirming they are authorised to acquire the weapon or essential weapon component in that country.³¹

² Where there is doubt as to the authenticity of the attestation or the person is not able to submit such an attestation, the canton shall forward the file to the Central Office. The Central Office shall examine the attestation or may issue one where appropriate.

¹ The weapon acquisition permit is valid throughout Switzerland and authorises the holder to acquire a single weapon or a single essential weapon component.

² The Federal Council allows for exceptions regarding the replacement of essential weapon components for a legally authorised weapon, the acquisition of several weapons or essential weapon components by the same person, or acquisition through inheritance.

³ The weapon acquisition permit is valid for six months. The competent authorities may extend its validity by a maximum of three months.

Any person who transfers the possession of a weapon or an essential weapon component must send a copy of the weapon acquisition permit of the person acquiring the weapon or essential weapon component to the authority responsible for issuing weapon acquisition permits under Article 9 within 30 days of concluding the contract.

¹ A weapon acquisition permit is not required for acquiring the following weapons and their essential components:

a.

single-shot and multi-barrel hunting rifles, and replicas of single-shot muzzle loaders;

b.

manual repetition rifles designated by the Federal Council and typically used for off-duty and recreational target shooting recognised under the Armed Forces Act of 3 February 1995³⁵ and for hunting purposes in Switzerland;

c.

single-shot rabbit slayers;

d.

compressed air and CO² weapons that develop a muzzle energy of at least 7.5 joules or that can be mistaken for real firearms due to their appearance;

e.

imitation, blank cartridge and airsoft weapons that can be mistaken for real firearms due to their appearance.³⁶

² The Federal Council may define other exceptions or restrict the scope of application of paragraph 1 for foreign nationals in Switzerland who do not have a settlement permit.

¹ Any person who transfers the possession of a weapon or an essential weapon component that does not require a weapon acquisition permit (Art. 10) must verify the identity and age of the person acquiring the weapon or essential weapon component by means of an official identity document.

² The possession of a weapon or essential weapon component may only be transferred if the person transferring possession may assume in the circumstances that there are no impediments for doing so under Article 8.

³ Article 9a applies by analogy.

⁴ The person transferring possession may ask the competent authority of the canton of residence of the person acquiring the weapon or weapon component whether there are any impediments to acquisition. This inquiry requires the written consent of the person acquiring the weapon or essential weapon component.³⁸

¹ A written contract must be concluded for transferring possession of any weapon or essential weapon component that does not require a weapon acquisition permit (Art. 10). Each contracting party must retain the contract for at least ten years.

² The contract must contain the following details:

a.

surname, first name, date of birth, home address and signature of the person who is transferring possession of the weapon or essential weapon component;

b.

surname, first name, date of birth, home address and signature of the person who is acquiring the weapon or essential weapon component;

c.⁴⁰

type of weapon, manufacturer, model, calibre, weapon number and the date and place of transfer;

d.⁴¹

type and number of the official identity document of the person who is acquiring the weapon or essential weapon component, or a copy of the identity document where possession of the weapon is transferred;

e.⁴²

a reference to the processing of personal data in connection with the contract in accordance with the data protection provisions of the Confederation or the cantons, provided that the possession of firearms is transferred.

³ Any person who transfers possession of a firearm specified in Article 10 paragraphs 1 and 3⁴³ must send the reporting office (Art. 31b) a copy of the contract within 30 day of its conclusion. The cantons may make further provisions for other suitable forms of notification.⁴⁴

⁴ Any person who through inheritance acquires a firearm or essential weapon component specified in Article 10 must transmit to the reporting office the details specified in paragraph 2 letters a-d within six months if he or she does not transfer possession of the object to an authorised person within this deadline.⁴⁵

⁵ The reporting office of the canton of residence of the person acquiring the firearm is the competent authority. For persons resident abroad, the competent authority is the reporting office of the canton in which the firearm was acquired.

¹ A minor may borrow a sports weapon from their shooting club or their legal representative if they can prove that they regularly use this weapon for target shooting and if no impediment under Article 8 paragraph 2 letter b or c applies.

² The legal representative must notify the reporting office in the minor's canton of residence about the loan of the weapon within 30 days. The reporting office may also be notified by the club that loaned the weapon providing that the legal representative has knowledge of this notification.

³ The Federal Council regulates the details.

Any person who has lawfully acquired a weapon or an essential or specially designed weapon component is authorised to possess the same.

¹ Any person who commercially acquires, offers for acquisition, passes on or brokers weapons, essential or specially designed weapon components, ammunition or ammunition components requires a weapons trading permit.

² A weapons trading permit is granted to a person who:

a.

is not subject to an impediment under Article 8 paragraph 2;

b.

is registered in the commercial register;

c.

in a test has shown themselves to possess adequate knowledge of the relevant weapons and ammunition, and the statutory provisions;

d.

has special commercial premises in which weapons, essential and specially designed weapon components, weapon accessories, ammunition and ammunition components can be kept securely;

e.

guarantees the proper conduct of their business affairs.

³ Legal entities must designate a member of the management who is responsible within the company for all aspects concerning this Act.

⁴ The Federal Department of Justice and Police issues the examination regulations and defines the minimum requirements for business premises.

⁵ The weapons trading permit is issued by the competent authority of the canton in which the business establishment of the applicant is located. Branches located outside the canton require their own weapons trading permit.

⁶ The Federal Council regulates the conditions for the participation of holders of foreign weapons trading permits in public weapons trade fairs.

⁷ If a transfer of possession takes place between holders of a weapons trading permit, the person transferring possession must notify the competent authority of their canton of residence of the transfer of possession, in particular of the type and number of objects transferred, within 30 days of conclusion of the contract.

A weapons trading permit is required by any person who commercially:

a.

manufactures weapons, essential or specially designed weapon components, weapon accessories, ammunition or ammunition components;

b.

modifies weapon parts that are essential to its functioning or impact; or

c.

repairs or converts firearms, their essential or specially designed weapon components, weapon accessories, ammunition or ammunition components.

¹ Manufacturers of firearms and their essential components or accessories must mark these objects individually and clearly for the purpose of identification and traceability. ... .^{59 60}

² All firearms and their essential components and accessories brought into Switzerland must be marked individually and clearly.

³ Markings must be applied in such a way that they cannot be removed or altered without mechanical effort.

⁴ The Federal Council may make provision for unmarked firearms to be brought into Switzerland for a maximum of one year.

¹ Manufacturers of ammunition must mark every elementary package of ammunition individually for the purpose of identification and traceability.

² Every elementary package of ammunition brought into Switzerland must be marked individually.

¹ The non-commercial manufacture of weapons, essential components or specially designed weapon components, weapon accessories, ammunition and ammunition components, and the non-commercial conversion of objects into weapons as defined in Article 5 paragraphs 1 and 2 are prohibited.

² The non-commercial conversion of objects into weapons or essential weapon components other than those specified in Article 5 paragraph 1 requires a permit. Articles 8, 9, 9b paragraph 3, 9c, 10, 11 paragraphs 3 and 5 and Article 12 apply by analogy.

³ The cantons may allow exceptions to the prohibitions in paragraph 1. The Federal Council shall define the conditions in more detail.

³ Reloading ammunition for personal use is permitted.

¹ It is prohibited to modify semi-automatic firearms into automatic firearms, alter or remove weapon numbers, and shorten small firearms.

² The cantons may allow exceptions. The Federal Council defines the conditions in more detail.

¹ Holders of weapons trading permits are required to maintain records on the manufacture, modification, procurement, sale or other distribution of weapons, essential or specially designed weapon components, weapon accessories, ammunition and gunpowder, and on repairs that re-establish the shooting capability of firearms.

^1bis They are required to give online notice within 20 days to the cantonal authority responsible for operating the information system (Art. 32a Abs. 2) of any procurement, sale or other distribution to an acquirer in Switzerland.⁶⁶

^1ter The cantons shall designate an authority that accepts reports from holders of weapons trading permits of suspicious transactions involving ammunition or ammunition components.⁶⁷

² The records and copies of the weapon acquisition permits and exemption permits (documents) must be retained for ten years.

³ The documents must be submitted to the cantonal authority responsible for operating the information system (Art. 32a para. 2):

a.

on expiry of the retention period;

b.

on giving up the trade; or

c.

on revocation or withdrawal of the weapons trading permit.

⁴ The competent authority shall retain the documents for 20 years and on application grant access to the law enforcement services and judicial authorities of the cantons and the Confederation for the purpose of fulfilling their statutory duties.

Holders of weapons trading permits and their employees are required to disclose to the supervisory authorities all information necessary for proper control.

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

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.

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.

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.

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.

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 ...¹⁰⁷

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.

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.

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.¹¹¹

firearms, their essential components or accessories that are not marked in accordance with Article 18a;

e.¹¹²

every elementary package of ammunition that is not marked in accordance with Article 18b.

f.¹¹³

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 not authorised to own them, it shall return these objects to the person who is authorised to own them providing no impediment in accordance with Article 8 paragraph 2 exists.¹¹⁴

^2bis If the competent authority seizes firearms in accordance with Article 5 paragraph 1 letters b-d that are not registered in the cantonal information system on the acquisition of firearms in accordance with Article 32a paragraph 2, the lawful possession of which has not be reported in accordance with Article 42b or for which no proof has been provided in accordance with Article 28d paragraph 3, the holder must submit an application for an exemption permit under Articles 28c-28e or transfer possession of the firearms to an authorised person.¹¹⁵

^2ter If the competent authority seizes high capacity loading devices and the related firearm, the holder must submit an application for an exemption permit for the firearm under Articles 28c-28e or transfer possession of the firearms to an authorised person.¹¹⁶

³ The competent authority shall order the forfeiture of the seized objects if:

a.

there is a danger of them being used improperly, in particular if persons have been threatened or injured with such objects;

b.

they are objects that are defined in paragraph 1 letters d or e and have been manufactured or brought into Switzerland after 28 July 2010;¹¹⁷

c.¹¹⁸

possession of the objects has not been transferred to an authorised person or the application in terms of paragraphs 2^bis or 2^ter has not been submitted or has been rejected.¹¹⁹

⁴ The competent authority shall notify the Central Office for Weapons about the permanent confiscation, together with the exact description of the weapon.

⁵ The Federal Council regulates the procedure if it is not possible to return the objects.

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.

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.

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;

b^bis.¹²³ 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 recommendations for the uniform application of weapons legislation and for granting exemption permits;

f.

it may grant foreign airlines a general permit to perform security-related duties in accordance with Article 27a.

³ The Federal Council regulates the details of the central office's activities.

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.

The Federal Council determines the fees for:

a.

processing permits, conducting examinations and issuing certificates under this Act;

b.¹²⁶

storing seized weapons and dangerous objects carried improperly;

c.¹²⁷

measures concerning the seizure, definite confiscation and use of objects defined under Article 4.

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 1995¹³¹ (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 designate a body that is responsible for merging and managing the data.

⁴ The information systems under paragraphs 1 and 3 may be consulted by users in accordance with their access rights by means of a single search request.

⁵ The Confederation may provide support for measures to harmonise the information systems defined under paragraphs 1-3.

⁶ The Federal Council defines the conditions that must be fulfilled in order to obtain funding from the Confederation under paragraph 5.

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 1946¹³³ on Old-Age and Survivors Insurance to be used in the DEBBWA and DAWA 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 number¹³⁵ of any person whose permit has been withdrawn, who has been refused a permit, or from whom weapons have been seized;

b.¹³⁶

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 has been taken from them or confiscated from them under legislation on the armed forces;

c.

the personal data and OASI number of any person who has not been given a weapon due to an impediment concerning the transfer of a personal army weapon under Article 113 of the Armed Forces Act of 3 February 1995¹³⁷;

d.

the type and model of weapon and its number, and the date of its transfer or confiscation;

e.

the circumstances leading to a weapon not being given to, being taken from, or being confiscated from a person;

f.

official rulings on seized weapons;

g.

the date of registration in the database.

⁴ The DARUE database contains the following data:

a.

information on marking under Articles 18a and 18b;

b.

other recognition marks of the manufacturer and importer;

c.

the contact data of the manufacturer, supplier and importer;

d.

information on the permit allowing the weapon to be brought into Switzerland.

⁵ The information system under Article 32a paragraph 2 contains the following data:

a.

the personal data and registration number of the person acquiring and the person transferring possession of a weapon;

b.¹³⁸

the type of weapon or essential weapons component, manufacturer, description, calibre, weapon number, date of transfer and date of destruction;

c.

the personal data of the holder of the European Firearms Pass under Article 25b and the details contained therein;

d.

the personal data of the holder of a permit to carry a weapon under Article 27 and the details contained therein.

⁶ The harmonised common information system under Article 32a paragraph 3 shall contain the following data:

a.

the personal data of the person acquiring a weapon;

b.

the type of weapon, manufacturer, description, calibre, weapon number and date of transfer;

c.

the personal data of the holder of a European Firearms Pass under Article 25b and the details contained therein;

d.

the personal data of the holder of a permit to carry a weapon under Article 27 and the details contained therein.

⁷ The information systems under Article 32a paragraphs 2 and 3 may also contain the OASI number.

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 2020¹⁴⁰ may access all data contained in the DEBBWA and DAWA database by means of an online access procedure.¹⁴¹

⁴ The Central Office shall notify the competent departments of the military authorities immediately of any member of the armed forces or person required to enlist who is newly registered in the DEBBWA database and whose permit has been withdrawn, who has been refused a permit, or whose weapon has been seized. Notification is sent to the Integrated Resources Management Information System (PSN) through an automated process.

⁵ The Central Office shall notify the competent authority of the canton of residence immediately of any member of the armed forces or person required to enlist who is newly registered in the DAWA database and whose personal weapon or borrowed weapon has been taken from them or confiscated, or who has not be given a personal or borrowed weapon. Notification is sent to the information systems of the competent canton of residence under Article 32a paragraphs 2 and 3 through an automated process.

⁶ Data from the DEWS database must be forwarded to the competent authorities of the country of residence of the person concerned.

⁷ Data from the information system under Article 32a paragraph 3 may be disclosed to federal and cantonal law enforcement services and judicial authorities, cantonal police services, the Federal Office of Police (fedpol), the customs authorities and the competent departments of the military authorities by means of an online access procedure to enable them to fulfil their statutory duties.

⁸ The Federal Council regulates the scope of data disclosure to the federal and cantonal authorities. It also regulates the control, storage, correction and deletion of the data.

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

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 2020¹⁴⁴ (FADP).¹⁴⁵

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.¹⁴⁶

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 Council determines the scope and the terms of the guarantees to be provided.

The right to information is based on the federal or cantonal data protection provisions.¹⁴⁸ …¹⁴⁹

¹ ...¹⁵²

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.¹⁵³

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.