Annulment of the judgment of the Administrative Court of the Canton of Zurich due to violation of the right to be heard and remand for a new assessment

Facts

The appellant A. submitted an application on June 29, 2015 for the issuance of a weapons acquisition permit for two handguns and one pistol for hunting and sporting purposes. The City of Bülach rejected the application by decree of July 31, 2015. An appeal against this decree was unsuccessful. The Administrative Court of the Canton of Zurich partially upheld a complaint by A. against the appeal decision and remanded the matter for a new decision to the District Office. This rejected the application for the issuance of a weapons acquisition permit by decision of July 1, 2016. Against this decision, A. filed a complaint with the Administrative Court, which dismissed the complaint by judgment of April 5, 2017.

Considerations

The Federal Supreme Court annuls the judgment of the Administrative Court, as it finds a violation of A.'s right to be heard. On the one hand, the files did not show the basis for the statement that A. stores extensive military material in an office cabinet, which is adorned with war rhetoric and slogans of perseverance. On the other hand, there was no basis in the files for the allegation that…