Swiss Supreme Court Decision on Arms Trade Facilitates International Judicial Assistance

On May 10, 1984, in a decision having wide potential significance for adjudicating cases of mutual assistance in criminal matters, the Supreme Court of the Swiss Confederation defined broadly the meaning of controlled firearms under the Swiss Federal Law on War Material or KMG.  The Court held that trade with carabines 11 and 31 and with rifles of the Swiss Army required a Basic Permit under the statute; further, that such arms are not automatically exempt from the KMG requirements once the Swiss armed forces discontinue their military use.  Without an arms permit a trader renders himself subject to criminal prosecution under the statute, and to confiscation of the arms and profits from the illegal sale.