Seizure and Confiscation of Weapons Due to Repeated Criminal Records

Facts

Swiss citizen X. applied to the Lucerne Police for the issuance of a European Firearms Pass. Due to two prior convictions for driving without a license or despite revocation, the Lucerne Police ordered the seizure and confiscation of X.'s weapons, ammunition, and accessories. X. unsuccessfully appealed this decision to the Administrative Court of the Canton of Lucerne and subsequently to the Federal Supreme Court.

Considerations

The Federal Supreme Court upheld the jurisprudence that the requirements for seizure are met in the case of two criminal records, regardless of the nature of the recorded crimes or offenses. This strict practice follows the wording of the relevant provisions of the Weapons Act and corresponds to the legislator's intention to combat the abusive use of weapons. Persons wishing to possess weapons must be particularly reliable in view of the increased risks. Repeated criminal behavior of considerable severity undermines the trust that the person will continue to handle weapons properly.

The Federal Supreme Court also saw no violation of the guarantee of property or…