Facts
The appellant [X.] flew on 3 May 2014 from Zurich Kloten Airport via Dubai to Manila (Philippines). During the security check at Zurich Kloten Airport, two Soft-Air weapons, type M 306, of approximately 70 cm in length, were confiscated from his checked luggage. [X.] wanted to bring these weapons, which he had allegedly purchased at a flea market in Belgium, as gifts for his children to Manila. Upon his return to Switzerland, he reported to the airport police station on 20 May 2014 and claimed that the confiscated items were children's toys. By penal order of the Federal Prosecutor's Office dated 23 November 2015, [X.] was convicted of attempted violation within the meaning of Art. 14 para. 1 lit. a of the Federal Act on the Control of Dual-Use Goods, Specific Military Goods and Strategic Goods (Goods Control Act, GCA) in conjunction with Art. 3 of the Goods Control Ordinance (GCO) and Art. 22 para. 1 SCC, to a suspended fine of 5 daily rates of CHF 200 each, and to a fine of CHF 200 or a substitute custodial sentence of 2 days in case of culpable non-payment of the fine.Considerations
The Federal Supreme Court notes that Art. 22a para. 1 lit. b of the Weapons Act (WA) subjects the export of weapons within the meaning of the Weapons Act, which according to Art. 4 para. 1 lit. g WA also includes Soft-Air weapons, to the Goods Control legislation. Although Soft-Air weapons are neither dual-use goods nor special military goods within the meaning of Art. 2 GCA and Art. 1 para. 1 GCO, their export to a non-Schengen state falls under the Goods Control legislation due to Art. 22a para. 1 lit. b WA. Thus, an export permit…