Art. 33 Misdemeanours and felonies
1Any person who wilfully carries out any of the following acts is liable to a custodial sentence not exceeding three years or to a monetary penalty:
- a.3
- offers for acquisition, transfers possession of, brokers, acquires, possesses, manufactures, alters, modifies, carries, exports to a Schengen state or brings into Switzerland weapons, essential or specially designed weapon components, weapon accessories, ammunition or ammunition components unlawfully;
- abis.4 removes, effaces, alters or adds to the prescribed marking of firearms, their essential components or accessories in accordance with Article 18a unlawfully;
- b.
- brings into Switzerland, as the holder of a weapons trading permit, weapons, essential or specially designed weapon components, weapon accessories, ammunition or ammunition components without registering these objects or declaring them correctly;
- c.
- obtains a weapons trading permit under false pretences by providing incorrect or incomplete information;
- d.
- violates their obligations under Article 21;
- e.
- as the holder of a weapons trading permit fails to keep weapons, essential or specially designed weapon components, weapon accessories, ammunition or ammunition components in a safe place (Art. 17 para. 2 let. d);
- f.5
- as the holder of a weapons trading permit:
- 1.
- manufactures or brings into Switzerland firearms, their essential components, weapon accessories or ammunition without marking these objects in accordance with Article 18a or 18b,
- 2.
- offers for acquisition, acquires, transfers possession of or brokers firearms, their essential components, weapon accessories or ammunition that are not marked in accordance with Article 18a or 18b,
- 3.
- offers for acquisition, acquires, transfers possession of or brokers firearms, their essential or specially designed components, weapon accessories or ammunition that have been brought into Switzerland unlawfully;
- g.
- as a person in accordance with Article 7 paragraph 1, offers for acquisition, transfers possession of or brokers weapons, essential or specially designed weapon components, weapon accessories, ammunition or ammunition components and who is not able to produce an exemption permit in accordance with Article 7 paragraph 2.
2If the perpetrator acts negligently, the penalty is a fine. The penalty may be waived in minor cases.
3Any person who wilfully and on a commercial basis unlawfully:
- a.6
- offers for acquisition, transfers possession of, brokers, manufactures, repairs, alters, modifies, takes to a Schengen state or brings into Switzerland weapons, essential or specially designed weapon components, weapon accessories, ammunition or ammunition components;
- b.7
- ...
- c.8
- offers for acquisition, acquires, transfers possession of or brokers firearms, their essential or specially designed weapon components, weapon accessories or ammunition that have not been marked in accordance with Article 18a or 18b, or that have been brought into Switzerland unlawfully;
- is liable to a custodial sentence not exceeding five years or a monetary penalty.
1 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). 2 Amended 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). 3 Amended 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). 4 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). 5 Amended 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). 6 Amended 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). 7 Repealed 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, with effect from 28 July 2010 (AS 2010 2899; BBl 2009 3649). 8 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).
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Art. 34 Contraventions
1Any person who carries out any of the following acts is liable to a fine:
- a.
- obtains, attempts to obtain or is complicit in obtaining under false pretences a permit to acquire or carry a weapon by providing incorrect or incomplete information, without fulfilling the elements of an offence under Article 33 paragraph 1 letter a;
- b.
- uses a firearm unlawfully to shoot (Art. 5 para. 3 and 4);
- c.
- disregards due diligence in transferring the possession of weapons, essential or specially designed weapon components, ammunition or ammunition components (Art. 10a and 15 para. 2);
- d.
- does not fulfil his or her duties under Article 11 paragraphs 1 and 2, or provides incorrect or incomplete contractual information;
- e.
- as a private individual does not keep weapons, essential or specially designed weapon components, weapon accessories, ammunition or ammunition components in a safe place (Art. 26 para. 1);
- f.
- as a private individual brings weapons, essential or specially designed weapon components, weapon accessories, ammunition or ammunition components into Switzerland without registering or correctly declaring these objects, or fails to register them while travelling in transit;
- g.
- does not report the loss of weapons to the police immediately (Art. 26 para. 2);
- h.
- does not carry on them their permit to carry a weapon (Art. 27 para. 1);
- i.
- does not fulfil the notification requirements under Articles 7a paragraph 1, 9c, 11 paragraphs 3 and 4, 11a paragraph 2, 17 paragraph 7 or 42 paragraph 5;
- j.
- does not fulfil his or her obligations as an heir under Articles 6a, 8 paragraph 2bis or 11 paragraph 4;
- k.
- uses prohibited forms of supply (Art. 7b);
- l.2
- obtains the accompanying note under false pretences by providing incorrect or incomplete information;
- lbis.3
- exports firearms, their essential components or ammunition (Art. 22b para. 1) to a Schengen state without enclosing the accompanying note;
- m.
- on entry from a Schengen state carries firearms, essential or specially designed weapon components or ammunition without a European Firearms Pass (Art. 25a para. 4);
- n.
- transports a firearm without keeping weapon and ammunition separate (Art. 28 para. 2);
- o.
- in any other way wilfully violates a provision of this Act, whose contravention the Federal Council has declared punishable in the implementing regulations.
2The penalty may be waived in minor cases.
1 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). 2 Amended by No I of the FA of 11 Dec. 2009 (Adaptation of the Implementation of the Schengen Acquis), in force since 28 July 2010 (AS 2010 2823; BBl 2009 3649). 3 Inserted by No I of the FA of 11 Dec. 2009 (Adaptation of the Implementation of the Schengen Acquis), in force since 28 July 2010 (AS 2010 2823; BBl 2009 3649).
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