Facts
German citizen [X.] is a weapon collector. In the context of criminal proceedings, a total of 304 weapons, essential weapon components and weapon accessories were seized from him in 1998. The High Court of the Canton of Lucerne convicted him in 2001 of document forgery (forged weapon acquisition permits) to a suspended prison sentence. In 2003, the Lucerne Cantonal Police decided to dispose of the confiscated weapons and objects and to destroy the prohibited weapons, as it was not possible to return them to [X.] . In 2004, the Administrative Court of the Canton of Lucerne partially upheld a complaint by [X.] and ordered the Cantonal Police to decide on any compensation for the confiscated items.Considerations
The Federal Court states that the seizure and final confiscation of weapons are based on a clear legal basis, but the Weapons Act does not provide a sufficient basis for confiscation without compensation. To the extent that the confiscated or seized items are…