Swiss response on self defense with military arms
One interested SSAA member wrote to the Swiss authorities and asked "If a swiss citizen, a member of the Army Reserve, in his own home, defend's his family and/or himself with his Army issued rifle, what would be the Military and Civil penalties imposed on him?" Their response is below.
Defense: Protection de la Population.sports
Your inquiry concerning the military and civil penalties for using a gun
Dear Mister (name deleted)
It's true that every Swiss soldier keeps his gun at his home. That does not mean, that he's got the right to use it whenever he wants to. On the contrary it's forbidden to use the gun for private purpose (exception: sport shooting in an official club). If a member of the Swiss Army nevertheless defends himself or his family with his army rifle, he's subject to the same rules as any other citizen who uses a gun. That means only in real danger of life and when no other defence possibilities exist, it can be allowed to make use of it. And even then the engagement must be always in proportion to the attack.
The unjustified use of a gun will be punished by the civil criminal law.
The penalties for killing a person is imprisonment from one to twenty years or even for life, for injury (grievous bodily harm) between six months and ten years. By the military criminal law there would be supplementary a punishment for misused application of military equipment.
By the way, though there are thousands of weapons in the country, Switzerland is still one of the safest places in the world and there are only a few criminal acts committed with army weapons.
We hope to have answered your question.
Yours faithfully
GENERALSEKRETARIAT VBS
Rechtsabteilung
(signed)
F. Lengweiler
copy held SSAA National
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