Facts
Swiss citizen X. applied to the Cantonal Police of Aargau in January 2009 for the issuance of a European Firearms Pass. Simultaneously, the police ordered the seizure of his firearms, as X. had two entries in the criminal record: in 2007 for failure to produce identification or registration plates, and in 2008 for driving an unsafe vehicle, driving without liability insurance, and again for failure to produce identification or registration plates.
X. appealed the decision of the Cantonal Police to the Cantonal Government Council and subsequently to the Administrative Court of the Canton of Aargau, but his appeals were dismissed. He then filed a public law appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court initially held that the appeal was admissible, as it concerned a decision made under the Weapons Act.
On the merits, the Federal Supreme Court stated that the seized items were weapons within the meaning of the Weapons Act and therefore subject to the law. According to Article 8, paragraph 2, letter d of the Weapons Act, persons with repeated criminal convictions recorded in the criminal record are denied the acquisition or possession of weapons. As X. had two such entries, the Federal Supreme Court considered the seizure of his weapons to be lawful.
The Federal Supreme Court rejected X.'s argument that a…