Art.33 Misdemeanours and felonies 154155
1 Any 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.156
- 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.157 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.158
- 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.
2 If the perpetrator acts negligently, he or she is liable to a monetary penalty.159 3 Any person who wilfully and on a commercial basis unlawfully: - a.160
- 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.161
- ...
- c.162
- 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.
154 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). 155 Amended by Art. 2 of the FD of 11 Dec. 2009 onthe 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). 156 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). 157 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). 158 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). 159 Amended by No I 18 of the FA of 17 Dec. 2021 on the Harmonisation of Sentencing Policy, in force since 1 July 2023 (AS 2023 259; BBl 2018 2827). 160 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). 161 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). 162 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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