Facts

The Court of Appeal of the Canton of Valais convicted the appellant X. on 6 June 2014 on second appeal of criminal damage (Art. 144 in conjunction with Art. 110 para. 3bis SCC) and of multiple unauthorised carrying and possession of weapons and weapon accessories (Art. 33 para. 1 lit. a WA) to a suspended fine of 54 daily rates of CHF 80.- and a fine of CHF 1,020.-. In addition, he was ordered to pay the injured party A. party compensation of CHF 3,100.- (first instance) and CHF 1,000.- (second instance).

The facts were established as follows

  • X. carried out farm slaughterings on the forecourt on the west side of his barn (outdoors and publicly accessible) in the years 2006 to 2009.
  • On 20 August 2009, X. shot the hunting dog of A., which had to be euthanised on the same day due to its injuries.
  • X. carried a weapon on public ground without a permit to carry a weapon both during the slaughterings and on 20 August 2009.
  • He also unlawfully possessed two silencers, one laser sighting device and three pistols.

X. filed an appeal in criminal matters and requested to be acquitted of the charges and that no party compensation be awarded to A. Alternatively, he requested that the case be referred back to the lower court.

Considerations

The Federal Court examined X.’s appeal and partially quashed the conviction for unauthorised possession of weapons and weapon accessories, while confirming the conviction for unauthorised carrying of weapons.

1. Unlawful possession of weapons and weapon accessories:

The Federal Court clarified that an exceptional permit for the acquisition of weapons under old or new law entitles the holder to further possess the relevant weapon, provided it was lawfully acquired. The material requirements for the acquisition of weapons under Art. 8 WA, which entered into force on 12 December 2008, have no retroactive effect. This means that the lawful possession status is preserved if the weapon was acquired before the revised law entered into force.

With regard to the obligation to report under Art. 42 para. 5 WA, the court emphasised that a violation thereof is punishable exclusively under Art. 34 para. 1 lit. i WA (as an offence). A conviction for unlawful possession under Art. 33 para. 1 lit. a WA is only possible if both the reporting period under Art. 42 para. 5 WA and the period under Art. 42 para. 6 WA have expired without being utilised. The lower court had not sufficiently examined this and convicted the appellant solely on the basis of the violation of the reporting obligation under Art. 42 para. 5 WA, which violated federal law.

2. Definition of “publicly accessible places” under Art. 27 WA:

The Federal Court clarified the definition of “publicly accessible places” within the meaning of Art. 27 WA. This definition does not extend the scope of application but clarifies the previous concept of “public”. Publicly accessible places include in particular public or third-party land, means of transport and public premises. However, courtyards, gardens or squares belonging to a house are not publicly accessible if they are enclosed (e.g. by fences, walls or hedges). Open forecourts, such as that of the appellant, are, however, publicly accessible.

The appellant carried the weapon on an unfenced forecourt that was publicly accessible. Therefore, carrying the weapon without a permit under Art. 33 para. 1 lit. a in conjunction with Art. 27 para. 1 WA…