Facts
In January 1998, the Cantonal Police of Lucerne discovered various weapons in the vehicle of the German national [X.] . A criminal investigation was initiated against him for forgery of documents and illegal arms trafficking; in his holiday home in the Canton of Fribourg, a total of 304 weapons, essential weapon components and weapon accessories were seized. On 15 December 2000, the Criminal Court of the Canton of Lucerne acquitted him and decided that the confiscated weapons and weapon components were to be returned to him. However, on 18 September 2001, the Cantonal High Court found him guilty of multiple forgery of documents and acquitted him of the charge of illegal arms trafficking; it left the decision on the confiscation of the seized items to the competent Cantonal Police of Lucerne.
The Cantonal Police of Lucerne, Commercial Police, decided on 21 March 2003 that the confiscated weapons and weapon components were to be realised or destroyed on behalf of the state. The appeal against this decision was partially upheld by the Administrative Court of the Canton of Lucerne on 18 August 2004 in the sense of the considerations and referred the matter back to the Cantonal Police so that it could decide on any possible compensation for the confiscated items; in all other respects, it dismissed the appeal.
Considerations
The Federal Supreme Court concluded that the requirements for the seizure and final confiscation of the weapons were met. The appellant would not…