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Art.31 Seizure and confiscation 110
1 The competent authority shall seize:
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 32aparagraph 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:
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. 110 Amended by No I of the FA of 22 June 2007, in force since 12 Dec. 2008 (AS 2008 54995405Art. 2 let. d; BBl 20062713). 111 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). 112 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). 113 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). 114 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). 115 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). 116 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). 117 Amended by Art. 2 of the FD of 11 Dec. 2009 on the approval and the implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive 2008/51/EC on the Amendment of the Weapons Directive, in force since 28 July 2010 (AS 2010 2899; BBl 2009 3649). 118 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). 119 Amended by Art. 2 of the FD of 11 Dec. 2009 on the approval and the implementation of the exchange of notes between Switzerland and the EU on the adoption of Directive 2008/51/EC on the amendment of the Weapons Directive, in force since 28 July 2010 (AS 2010 2899; BBl 2009 3649). |