When Freedom of Expression Prevails Over Gun Laws
In 2019, a journalist from RTS ordered a 3D-printed pistol in nineteen separate pieces online—without holding the required permits. Her intent was to produce a report aimed at raising public awareness about the dangers of such weapons and how easy they are to obtain.
The journalist assembled the pistol on RTS premises, deliberately omitting the firing pin to ensure the weapon was inoperable. She also added a metal component to make the gun detectable by security systems. She then travelled by train from Geneva to Lausanne with the weapon in her bag.
After completing the report, the journalist stored the pistol under lock and key in RTS’s secured facilities.
The Geneva Police Court convicted her under Article 33 paragraph 1 letter a of the Swiss Weapons Act (LArm) for transporting the weapon without authorization and subsequently possessing it after the transport. She was acquitted on all other charges. No penalty was imposed, given the particular context.
The Geneva Court of Appeal and Review upheld the conviction for transporting the weapon, imposing a fine, but acquitted her for its later possession.
The journalist appealed to the Federal Supreme Court, seeking full acquittal.
After confirming that the objective and subjective elements of the offence were technically met, the Federal Court examined whether the journalist could invoke freedom of expression—more specifically, freedom of the press and media—under Article 10 of the European Convention on Human Rights (ECHR).
The Court emphasized the essential role journalists play in society, warranting enhanced protection for their professional activities. While Article 33 of the Weapons Act aims to protect the public from the dangers of firearms, in this particular case, the potential threat to public safety and order was considered highly abstract, if not negligible.
As a result, the Federal Court overturned the journalist’s conviction, ruling that her actions were justified as part of her exercise of freedom of expression.
Article by Me Pauline Schott