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Gun laws in Switzerland

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Shooter with SIG 550 ordnance rifle at a Swiss firing range (2007 photograph)

Firearms legislation in Switzerland is comparatively liberal, more similar to gun politics in the United States than to that in most European Union countries. The reason is a long tradition of shooting (tirs) as a formative element of national identity in the post-Napoleonic Restoration of the Confederacy,[1] and the long-standing practice of a militia organization of the Swiss Army in which soldiers' service rifles are stored privately at home. In addition to this, many cantons (notably the alpine cantons of Grisons and Valais) have strong traditions of hunting, accounting for a large but unknown number of privately held hunting rifles.

The applicable federal legislations are SR 514.54 Federal Law on Weapons, Weapon Equipment and Ammunition (German: Waffengesetz, WG, French: Loi sur les armes, LArm, Italian: Legge sulle armi, LArm) of 20 June 1997 (current edition of 1. July 2016, revised 01.01.1999),[2] and SR 514.541 Ordinance on Weapons, Armament Accessories and Ammunition (German: Waffenverordnung, WV, French: Ordonnance sur les armes, OArm, Italian: Ordinanza sulle armi, OArm) of 2 July 2008 (current edition of 1. July 2016, revised 12.12.2008).[3] The Weapons Law recognises a qualified "right to acquire, possess and carry arms".[note 1][2]

It allows the free purchase of semi-automatic, but not fully automatic, firearms by Swiss citizens and foreigners with permanent residence.[note 2][3]

Permits for concealed carrying in public are issued only extremely restrictively.[note 3][2]

Number of guns in circulation[edit]

Switzerland thus has a relatively high gun ownership rate. There are no official statistics, and estimates vary considerably. The Small Arms Survey of 2016 placed Swiss gun ownership per capita at 24.45%.[4]

In 2016, the defence ministry estimated that 2 million privately owned guns are in circulation, which given a population of 8.3 million corresponds to a gun ownership rate of around 24 guns per 100 residents.[5] This is roughly a quarter of the rate in the United States, and lower than that in the neighbouring countries of Germany, and Austria, but about the double of Italy and France.[4]

Traditionally liberal Swiss gun legislation has, however, been somewhat tightened in 2008, when Switzerland has complied with European Firearms Directive.[6] Throughout the modern political history of Switzerland, there have been advocates for tighter gun control.[7]

The most recent suggestion for tighter gun control was rejected in a popular referendum in February 2011.[8]

Regulation[edit]

Switzerland's Weapons Law (WG, LArm)[2] and Weapons Act (WV, OArm)[3] has been revised to accede to the Schengen Treaty effective 12 December 2008. The Act on Personal Military Equipement (VPAA, OEPM) regulates the handling of military equipement, and in particular the handling of personal weapons by military personnel.[9]

The law is applied to the following weapons:

  • Firearms, such as pistols, revolvers, rifles, pump guns (German: Vorderschaftrepetierer), lever-action rifles, self-loading guns (shotguns and rifles);
  • Air and CO2 guns with a muzzle energy of at least 7.5 joules, or if there is risk of confusion with a firearm;
  • Imitation, blank firing guns (German: Schreckschuss) and soft-air guns when there is risk of confusion with a firearm;
  • Butterfly knives, throwing knives, switchblade or automatic knives with total length greater than 12 cm and blade length greater than 5 cm;
  • Daggers with a symmetrical blade less than 30 cm;
  • Devices that are intended to hurt people such as batons (German: Schlagrute), throwing star, brass knuckles, slings with armrest;
  • all electric shock devices and spray products with irritants in Annex 2 weapons regulation (WV/OArm), except for pepper spray.
A "shooting society" somewhere in Switzerland; people come to such ranges to complete mandatory training with service arms, or to shoot for sport and competition.

Generally prohibited arms are:

  • Automatic firearms such as machine guns, etc.
  • Automatic knives when the blade more than 5 cm and total length of more than 12 cm
  • Butterfly knives when the blade more than 5 cm and total length of more than 12 cm
  • Throwing knives; regardless of the shape and size
  • Symmetrical daggers where blade length is less than 30 cm
  • Brass knuckles
  • Shock rods or stun guns
  • Throwing Stars
  • Buttstock-equipped slingshots German: Schleudern mit Armstütze
  • tasers
  • hidden firearms that imitate an object of utility, such as shooting phones.

Acquisition[edit]

Buying guns[edit]

In order to purchase most weapons, the purchaser must obtain a weapon acquisition permit (art. 8 WG/LArm). Swiss citizens and foreigners with a C permit over the age of 18 who are not psychiatrically disqualified nor identified as posing security problems, and who have a clean criminal record can request such a permit. Foreigners with the following citizenship are explicitly excluded from the right to possess weapons: Serbia, Bosnia and Herzegovina, Kosovo, Macedonia, Turkey, Sri Lanka, Algeria and Albania.[note 2] The following information must be provided to the cantonal weapon bureau together with the weapon application form:

  • valid official identification or passport copy
  • residence address
  • criminal record copy not older than 3 months

For each transfer of a weapon or an essential weapon component without weapons acquisition permit (art. 10 WG/LArm), a written contract must be concluded. Each Party shall keep them at least ten years. The contract must include the following information (art. 11 WG/LArm):

  • Family name, first name, birth date, residence address and signature of the person who sells the weapon or essential weapon component
  • Family name, first name, birth date, residence address and signature of the person who purchases the weapon or an essential weapon component
  • Kind of weapon, manufacturer or producer, label, caliber, weapon number, and date and place of transfer;
  • Type and number of official identification of the person who acquires the weapon or the essential weapon component
  • and an indication of the processing of personal data in connection with the contract in accordance with the privacy policy of the Federation or the cantons, if firearms are transmitted.

This information must be sent within 30 days to the cantonal weapon registration bureau, where the weapon holders are registered (art. 9 WG/LArm).

Some weapons do not need a weapon acquisition permit (art. 10 WG/LArm):

  • Single-shot and multi-barreled hunting rifles and replicas of single-shot muzzle loaders
  • By the Federal Council designated hand bolt-action rifles, which are commonly used in off-duty and sporting gunnery recognized by the military law of 3 February 1952 and shooting clubs for hunting purposes in Switzerland
  • Single-shot rabbit slayer;
  • Compressed air and CO2 weapons that develop a muzzle energy of at least 7.5 joules, or may be confused because of their appearance with real firearms

Buying Ammunition[edit]

Ready ammunition of the Swiss Army. Soldiers equipped with the Sig 550 assault rifle used to be issued 50 rounds of ammunition in a sealed can, to be opened only upon alert and for use while en route to join their unit. This practice was stopped in 2007.[10]

In order to purchase ammunition the buyer must follow the same legal rules that apply to buying guns. The buyer can only buy ammunition for guns that he/she legally owns and must provide the following information to the seller (art. 15, 16 WG/LArm; art. 24 WV/OArm):[2][3]

  • valid official identification or passport (and must be older than 18 and who are not psychiatrically disqualified nor identified as posing security problems, and must not be a citizen of the following countries (art. 12 WV/OArm): Serbia, Bosnia and Herzegovina, Kosovo, Macedonia, Turkey, Sri Lanka, Algeria and Albania)
  • residence address
  • criminal record copy not older than 3 months
  • weapon acquisition permit not older than 2 years, or a weapon carrying permit not older than 5 years

This also applies for weapons which do not require a weapon acquisition permit (see above, excluding the weapon acquisition permit, of course).

This information must be sent within 30 days to the cantonal weapon registration bureau, where the weapon holder is registered.

The same applies to black powder and modern black powder substitutes for use in firing historical rifles.

A Swiss 100 gram black powder container.

The possession of the following munition is generally prohibited:

  • Ammunition with armor-piercing bullets
  • Ammunition with projectiles containing an explosive or incendiary device
  • Ammunition with one or more floors to the release of substances which damage the health of people in the long run
  • Ammunition, missiles and missile launchers for military explosive
  • Ammunition with projectiles for transmitting electric shocks
  • Ammunition for handguns with deformation effect

Carrying guns[edit]

To carry a firearm in public or outdoors (and for a militia member to carry a firearm other than his issued weapons while off-duty), a person must have a gun carrying permit (German: Waffentragbewilligung, French: permis de port d'armes, Italian: permesso di porto di armi; art. 27 WG/LArm), which in most cases is issued only to private citizens working in occupations such as security.[2] It is, however, quite common to see a person in military service to be en route with his rifle, albeit unloaded.[9] The issue of such exceptional permits are extremely selective.[clarification needed]

However, it is permissible to carry firearms in public or outdoors if the holder (art. 27 § 4 WG/LArm):

  • Has a valid hunting license and is carrying the firearm for hunting;
  • Is participating in a demonstration and is carrying the firearm in reference to a historical event;
  • Is participating in a shooting competition for air-soft guns, provided that the competition has a secure perimeter; or
  • Is an airport security officer for an authorized country, a border patrol officer, or a game warden, who is carrying the firearm in the course of their employment.

Furthermore, any licensed holder of a gun may transport an unloaded firearm for special situations (see #Transporting guns).

Conditions for obtaining a Carrying Permit[edit]

There are three conditions (art. 27 § 2 WG/LArm):

  • fulfilling the conditions for a buying permit (see section above)
  • stating plausibly the need to carry firearms to protect oneself, other people, or real property from a specified danger
  • passing an examination proving both weapon handling skills and knowledge regarding lawful use of the weapon

The carrying permit remains valid for a term of five years (unless otherwise surrendered or revoked), and applies only to the type of firearm for which the permit was issued. Additional constraints may be invoked to modify any specific permit. (art. 27 § 3 WG/LArm)

Transporting guns[edit]

Guns may be transported in public as long as an appropriate justification is present. This means to transport a gun in public, the following requirements apply (art. 28 WG/LArm):

  • The ammunition must be separated from the gun, no ammunition in a magazine.
  • The transport needs to be as direct as possible and needs a valid purpose:
    • For courses or exercises hosted by marksmanship, hunting or military organisations,
    • To an army warehouse and back,
    • To show the gun to a friend or a possible buyer
    • To and from a holder of a valid arms trade permit,
    • To and from a specific event, e.g. gun shows.
    • During change of residence.

EU Gun Ban[edit]

A 2017 amendment to the EU Firearms Directive, known as the "EU Gun Ban",[11][12][13][14] introduces new restrictions on firearms possession and acquisition, especially on semi-automatic firearms, personal defense weapons, magazine capacity, blank firing guns and historical firearms. The restrictions must be introduced into the Swiss legal system by August 2018 due to its membership of the Schengen area.

The Directive also includes an exemption covering a specific Swiss issue - it allows possession to a target shooter of one firearm used during the mandatory military period after leaving the army, provided it was converted to semi-automatic only (art. 6(6) of the Amendment Directive).[15] This part of the Directive specifically was however challenged by the Czech Republic in front of the European Court of Justice due to its discriminatory nature. The Czech Republic seeks nullification of the "Swiss exemption" as well as of other parts of the Directive.[16]

Civil rights organizations plan to hold a referendum to reject the recent EU directive.[17] [18] According to Swiss People's Party vice-president Christoph Blocher, Switzerland should consider abandoning EU's borderless Schengen Area if the Swiss people reject the proposed measures in a referendum.[19]

Army-issued arms and ammunition collection[edit]

The Swiss army has long been a militia trained and structured to rapidly respond against foreign aggression. Swiss males grow up expecting to undergo basic military training, usually at age 20 in the recruit school, the basic-training camp, after which Swiss men remain part of the "militia" in reserve capacity until age 30 (age 34 for officers).

Prior to 2007 members of the Swiss Militia were supplied with 50-rounds of ammunition for their military weapon in a sealed ammo box that was regularly audited by the government. This was so that, in the case of an emergency, the militia could respond quickly.

A "shooting society" somewhere in Switzerland; people come to such ranges to complete mandatory training with service arms, or to shoot for sport and competition.

In December 2007, the Swiss Federal Council decided that the distribution of ammunition to soldiers would stop and that previously issued ammo would be returned. By March 2011, more than 99% of the ammo has been received. Only 2,000 specialist militia members (who protect airports and other sites of particular sensitivity) are permitted to keep their military-issued ammunition at home. The rest of the militia get their ammunition from their military armory in the event of an emergency.[2][20][21]

When their period of service has ended, militia men have the choice of keeping their personal weapon and other selected items of their equipment. However, keeping the weapon after end of service requires a weapon acquisition permit (art. 11-15 VPAA/OEPM).[9]

The government sponsors training with rifles and shooting in competitions for interested adolescents, both male and female. The sale of ammunition – including Gw Pat.90 rounds for army-issue assault rifles – is subsidized by the Swiss government and made available at the many Federal Council licensed shooting ranges. That ammunition sold at ranges must be immediately used there under supervision (art. 16 WG/LArm).

The Swiss Army maintains tightened adherence to high standards of lawful military conduct. In 2005, for example, when the Swiss prosecuted recruits who had reenacted the torture scenes of Abu Ghraib, one of the charges was improper use of service weapons.[22]

Recreational shooting[edit]

Recreational shooting is widespread in Switzerland. Practice with guns is a popular form of recreation, and is encouraged by the government, particularly for the members of the militia.

Prior to the turn of the century, about 200,000 people used to attend the annual Feldschiessen, which is the largest rifle shooting competition in the world. In 2012 they counted 130,000 participants.[23] For the 2015 Federal Shooting (Eidg. Schützenfest) 37,000 shooters are registered.[24] In addition, there are several private shooting ranges which rent guns.

Gun culture in Switzerland[edit]

Switzerland has a strong gun culture compared to other countries in the world.[25][26] Groups like ProTell lobby for the preservation of Switzerland's gun rights. Additionally, the Schweizerischer Schützenverein, a Swiss shooting association, organizes the Eidgenössische Schützenfeste, currently in intervals of five years.

Firearm-related deaths[edit]

The vast majority of firearm-related deaths in Switzerland are suicides. The suicide method of shooting oneself with a firearm accounted for 21.5% of suicides in Switzerland in the period of 2001–2012 (with significant gender imbalance: 29.7% of male suicides vs. 3.0% of female suicides).[27]

By contrast, gun crime is comparatively limited. In 2016, there were 187 attempted and 45 completed homicides, for a homicide rate of 0.50 per 100,000 population. Of the recorded homicides (attempted or completed), 20.3% were committed with a gun (47 cases, compared to an average of 41 cases in the period of 2009–2015). In addition, there were 7 cases of bodily harm and 233 cases of robbery committed with firearms.[28]

There were 16 completed homicides with a firearm in 2016. Of these, 14 were committed with a handgun, one with a long gun and one case marked "other/unspecified". None of the involved weapons were ordnance weapons issued by the Swiss Armed Forces. Similarly, out of 31 attempted homicides with firearms, 25 were committed with handguns, two with long guns and four "other/unspecified", with no use of ordnance weapons on record. For the period of 2009–2016, on average 16.5 out of 49.4 completed homicides were committed with a firearm, 13.8 with handguns, 1.9 with long guns and 0.9 "other/unspecified"; an average 0.75 cases per year (6 cases in eight years) involved ordnance weapons.[29]

See also[edit]

Notes and references[edit]

Notes[edit]

  1. ^ "Art. 3 Recht auf Waffenerwerb, Waffenbesitz und Waffentragen: Das Recht auf Waffenerwerb, Waffenbesitz und Waffentragen ist im Rahmen dieses Gesetzes gewährleistet." (The right to acquire, possess and carry arms is guaranteed in the framework of this law.)
  2. ^ a b The law of 1997 (SR 514.54) made explicit provision for the Federal Council to restrict gun ownership by nationality (art. 7 WG/LArm). SR 514.541 art. 12, passed in 2008, amended in 2014, explicitly prohibits the purchase or ownership of weapons to nationals of eight states: Serbia, Bosnia and Herzegovina, Kosovo, Macedonia, Turkey, Sri Lanka, Algeria and Albania.
  3. ^ SR 514.54 art. 27 § 4. No carry permit is necessary for hunting rifles carried by registered hunters with a hunting licence in the context of hunting or game-keeping, and historical firearms carried in the context of re-enactment or memorial events. Justifiable transport of unloaded firearms is regulated in art. 28.

References[edit]

  1. ^ Julie Hartley-Moore, "The Song of Gryon: Political Ritual, Local Identity, and the Consolidation of Nationalism in Multiethnic Switzerland", Journal of American Folklore 120.476 (2007) 204–229, citing Kohn Hans Kohn, Nationalism and Liberty: The Swiss Example. London: George Allen and Unwin, 1956, p. 78.
  2. ^ a b c d e f g "SR 514.54 Bundesgesetz über Waffen, Waffenzubehör und Munition (Waffengesetz WG)" (official site) (in German, Italian, and French). Berne, Switzerland: The Swiss Federal Council. 1 July 2016. Retrieved 2015-06-10. 
  3. ^ a b c d "SR 514.541 Verordnung über Waffen, Waffenzubehör und Munition (Waffenverordnung WV)" (official site) (in German, Italian, and French). Berne, Switzerland: The Swiss Federal Council. 1 July 2016. Retrieved 2017-06-10. 
  4. ^ a b "Guns in Switzerland: Facts, Figures and Firearm Law". Gunpolicy.org. Sydney, Australia: University of Sydney School of Public Health. 2016. Retrieved 2017-04-20. 
  5. ^ Dacey, Jessica (1 April 2016). "A surge in gun permits". Swissinfo. Retrieved 27 April 2017. 
  6. ^ https://www.loc.gov/law/help/firearms-control/switzerland.php
  7. ^ "De-Quilling the Porcupine: Swiss Mull Tighter Gun Laws". Der Spiegel. Hamburg, Germany. 2 May 2007. Retrieved 12 January 2011. 
  8. ^ "Switzerland rejects tighter gun controls". BBC News. 13 February 2011. Retrieved 2015-08-26. . "Abstimmungen – Indikatoren: Eidgenössische Volksabstimmung vom 13. Februar 2011 – Volksinitiative «Für den Schutz vor Waffengewalt»" (official site). Neuchâtel, Switzerland: Swiss Federal Statistical Office (FSO). 13 February 2011. Retrieved 2015-08-26. 
  9. ^ a b c "SR 514.10 Verordnung über die persönliche Ausrüstung der Armeeangehörigen (VPAA)" (in German, French, and Italian). The Swiss Federal Council. 5 December 2003. Retrieved 2014-01-19. 
  10. ^ "Soldiers can keep guns at home but not ammo". SWI Swissinfo.ch, a branch of the Swiss Broadcasting Corporation (SBC). 27 September 2007. Retrieved 2015-03-16. 
  11. ^ "Finland seeks exception from EU gun ban". Reuters. Retrieved 2017-03-09. 
  12. ^ "EU Gun Ban : Intervention Suisse à Bruxelles". ASEAA. Retrieved 2017-03-09. 
  13. ^ "Trilog schließt die Verhandlungen zum "EU-Gun ban"". Firearms United. Retrieved 2017-03-09. 
  14. ^ "Gun lobby stirs to life in Europe". Politico. Retrieved 2017-03-09. 
  15. ^ "Position of the European Parliament adopted at first reading on 14 March 2017 with a view to the adoption of Directive (EU) 2017/... of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons" (Parliamentary decision). Strasbourg: European Parliament. 14 March 2017. P8_TC1-COD(2015)0269. Retrieved 2017-04-24. 
  16. ^ "Czechs take legal action over EU rules on gun control". Ministry of Interior of the Czech Republic. Retrieved 2017-09-30. 
  17. ^ https://www.finger-weg-vom-schweizer-waffenrecht.ch/2017/04/offener-brief-an-den-bundesrat-nationalrat-staenderat/
  18. ^ https://www.nzz.ch/schweiz/waffenrecht-schiessen-schweizer-schuetzen-schengen-ab-ld.1085409
  19. ^ "Swiss tell EU: Hands off veterans' assault rifles". Reuters. Retrieved 2017-03-12. 
  20. ^ "SR 514.101 Verordnung des VBS über die persönliche Ausrüstung der Armeeangehörigen (VPAA-VBS) vom 9. Dezember 2003 (Stand am 1. Januar 2015): art. 7 Taschenmunition Ziff 1" (official site) (in German, French, and Italian). Berne, Switzerland: The Swiss Federal Council. 21 December 2007. Retrieved 2016-12-06. 
  21. ^ "Taschenmunition fast vollständig eingezogen". Neue Zürcher Zeitung (in German). Zurich, Switzerland. 2 May 2011. Retrieved 2015-03-16. 
  22. ^ Patrick Marbach (15 August 2005). "Schweizer Rekruten spielen Irak-Folterer". 20 Minuten (in German). Zurich, Switzerland. Retrieved 2015-03-16. 
  23. ^ "Feldschiessen". Lebendige Traditionen. Retrieved 2015-07-06. 
  24. ^ Giannis Mavris (4 July 2015). "Familienausflug mit dem Sturmgewehr". Neuste Zürcher Zeitung (NZZ) (in German). Zurich, Switzerland. Retrieved 2015-07-06. 
  25. ^ Bachmann, Helena (December 20, 2012). "The Swiss Difference: A Gun Culture That Works". TIME. Retrieved March 19, 2016. 
  26. ^ Nelson, Soraya Sarhaddi (March 19, 2013). "What's Worked, And What Hasn't, In Gun-Loving Switzerland". NPR. Retrieved March 19, 2016. 
  27. ^ Elvira Keller-Guglielmetti, Esther Walter, eds. (April 2015). "Epidemiologie von Suiziden, Suizidversuchen und assistierten Suiziden in der Schweiz, April 2015" (PDF). Federal Office of Public Health. Retrieved 2017-06-10. 
  28. ^ "Polizeiliche Kriminalstatistik (PKS) - Jahresbericht 2016" (PDF) (official federal site) (in French, German, and Italian). Neuchâtel, Switzerland: Swiss Federal Statistical Office (SFO). 23 March 2015. pp. 13, 36–38. ISBN 978-3-303-19065-4. Retrieved 2017-06-10. 
  29. ^ Tötungsdelikt: Aufklärung und Vorjahresvergleich (vollendet und versucht) nach Tatmittel, Beschuldigte und Geschädigte 2016 27 March 2017.

External links[edit]