Lawful Seizure and Confiscation of the Complainant's Weapons

Facts

The complainant [R.] was checked by the Thurgau Cantonal Police after shots had been fired on his farm during the nights of August 29 and September 1, 1999. During the search of his farm, several weapons and ammunition were seized. The District Office of Weinfelden ordered the definitive confiscation of the seized items. [R.] unsuccessfully appealed against this decision to the Department of Justice and Security and the Administrative Court of the Canton of Thurgau. With an administrative court appeal to the Federal Supreme Court, [R.] requested the annulment of the decision and the return of the seized items.

Considerations

The Federal Supreme Court dismissed the appeal. It found that all seized items, including the vineyard pistols and the signal pistol, fall under the Weapons Act. The seizure and definitive confiscation were lawful, as the complainant posed a threat to third parties due to his mental state and behaviour within the meaning of Art. 8 para. 2 lit. c WA.…