Chapter 1 General Provisions Article 1 This law is enacted in order to strengthen gun management, maintain public security and order, and ensure public safety. Article 2 This law shall apply to the management of firearms within the territory of the People’s Republic of China.
If the State Council and the Central Military Commission have other regulations on the management of equipment and firearms of the Chinese People's Liberation Army, the Chinese People's Armed Police Force and the militia, the relevant regulations shall apply. Article 3: The state strictly controls firearms. Any unit or individual is prohibited from possessing, manufacturing (including altering and assembling), buying and selling, transporting, renting, and lending firearms in violation of legal provisions.
The state severely punishes illegal and criminal acts that violate gun control. Any unit or individual has the obligation to report violations of gun control. The state provides protection to whistleblowers and rewards those who report meritorious services on criminal activities that violate gun control. Article 4: The public security department of the State Council is responsible for the management of firearms nationwide. The public security organs of local people's governments at or above the county level are responsible for the management of firearms within their respective administrative regions. The public security organs of the people's governments at higher levels supervise the gun management work of the public security organs of people's governments at lower levels. Chapter 2 Equipment and Distribution of Firearms Article 5 The people’s police of public security organs, national security organs, prisons, and reeducation through labor institutions, the judicial police of the People’s Court, the judicial police of the People’s Procuratorate and prosecutors responsible for case investigation tasks, and the anti-smuggling officers of the Customs Personnel who truly need to use firearms when performing their duties in accordance with the law may be equipped with official firearms.
If full-time guards and escort personnel of important national military, financial, warehousing, scientific research and other units really need to use guns when performing guard and escort tasks, they may be equipped with official guns.
The specific measures for equipping official guns will be formulated by the public security department of the State Council in conjunction with other relevant state agencies in accordance with the principle of strict control, and will be implemented after approval by the State Council. Article 6 The following units may be equipped with civilian firearms:
(1) Units specializing in competitive shooting sports approved by the sports administrative department of the provincial people's government, commercial entities approved by the public security organs of the provincial people's government Shooting ranges can be equipped with shooting sports firearms;
(2) Hunting grounds approved by the forestry administrative department of the people's government at or above the provincial level can be equipped with shotguns;
(3) Wild animals Protection, breeding, and scientific research units may be equipped with shotguns and anesthesia injection guns due to business needs.
Hunters in hunting areas and herdsmen in pastoral areas can apply to be equipped with shotguns. The areas of hunting and pastoral areas are demarcated by the provincial people's governments.
Specific measures for the allocation of civilian firearms shall be formulated by the public security department of the State Council in accordance with the principle of strict control and shall be implemented after approval by the State Council. Article 7 The equipping of official guns shall be subject to unified examination and approval by the public security department of the State Council.
When equipped with a gun for official use, the public security department of the State Council or the public security agency of the provincial people's government shall issue a gun certificate for official use. Article 8 The allocation of shooting sports firearms by units specializing in competitive shooting sports shall be proposed by the sports administrative department of the State Council and shall be reviewed and approved by the public security department of the State Council. Commercial shooting ranges equipped with shooting sports firearms shall be submitted to the public security department of the State Council for approval by the public security organ of the provincial people's government.
When deploying firearms for shooting sports, the public security organs of the provincial people's governments shall issue civilian firearms licenses. Article 9 To equip hunting grounds with shotguns, the approval document of the forestry administrative department of the people's government at or above the provincial level must be submitted to the public security organ of the people's government at or above the provincial level for review and approval, and the public security organ of the people's government of the districted city shall issue a civilian gun purchase certificate. Article 10 Any unit that protects, breeds or scientifically applies for the allocation of shotguns or anesthesia injection guns for wildlife protection, breeding or scientific research units shall submit a hunting license or franchised hunting license issued by the wildlife administrative department of the county-level people’s government where it is located and the unit’s business license. The public security organ of the county-level people's government shall submit the application; hunters who apply for hunting rifles shall submit the application to the public security organ of the county-level people's government in the place where they are located based on the hunting license and personal identity document issued by the wildlife administrative department of the county-level people's government where they are located; Herdsmen who apply to be equipped with shotguns should submit their application to the public security organ of the county-level people's government where they are located with their personal identity documents.
After review and approval by the public security organ that accepts the application, it shall be submitted to the public security organ of the districted municipal people’s government for issuance of a civilian firearms purchase certificate. Article 11 Units and individuals who purchase shotguns or anesthesia injection guns must apply for a civilian firearms license from the public security agency that issues the civilian firearms purchase certificate within thirty days after purchasing the firearm. Article 12 Civilian firearms provided at commercial shooting ranges and hunting grounds shall not be carried out of commercial shooting ranges or hunting grounds.
Hunting guns equipped by hunters and herdsmen are not allowed to be carried out of hunting areas or pastoral areas. Chapter 3: Manufacturing of Firearms and Distribution of Civilian Firearms Article 13: The state implements a special licensing system for the manufacture and distribution of firearms. Without permission, no unit or individual may manufacture, buy or sell guns. Article 14: Guns for official use shall be manufactured by enterprises designated by the state. Article 15 Enterprises manufacturing civilian firearms shall be proposed by the relevant competent departments of the State Council and determined by the public security department of the State Council.
Enterprises that allocate civilian firearms shall be determined by the public security organs of the provincial people's governments.
Enterprises that manufacture civilian firearms shall be issued a civilian firearms manufacturing license by the public security department of the State Council. Enterprises that distribute firearms for civilian use shall be issued a civilian firearms distribution license by the public security agency of the provincial people's government.
Civilian firearms manufacturing licenses and distribution licenses are valid for three years; upon expiration of the validity period, if you need to continue manufacturing or distributing civilian firearms, you must reapply for the license. Article 16: The state implements quota management on the quantity of firearms manufactured and distributed for civilian use.
The annual quota for manufacturing civilian firearms is proposed by the forestry, sports and other relevant competent departments of the State Council and the public security organs of provincial people's governments. The public security department of the State Council determines and uniformly prepares the serial numbers of civilian firearms and issues them to civilian firearms manufacturing enterprises. .
The annual quota for the allotment of civilian firearms is proposed by the forestry, sports and other relevant departments of the State Council and the public security organs of the provincial people's governments, and is determined by the public security department of the State Council and distributed to civilian firearms allotment enterprises. Article 17 Enterprises that manufacture civilian firearms shall not manufacture civilian firearms beyond the quota. All civilian firearms manufactured must be distributed by designated civilian firearms distribution enterprises and may not be sold by themselves. Enterprises that allocate civilian firearms shall allocate civilian firearms manufactured by designated enterprises within the allotment quota. Article 18 Enterprises that manufacture civilian firearms must strictly comply with the technical standards stipulated by the state to manufacture civilian firearms, and must not change the performance and structure of civilian firearms; they must print the name of the manufacturer, the gun type code and the State Council's code on designated parts of civilian firearms. The serial numbers of firearms are uniformly compiled by the public security department, and civilian firearms without serial numbers, duplicate serial numbers, or false serial numbers are not allowed to be manufactured.
Enterprises that manufacture civilian firearms must implement closed management and take necessary safety and security measures to prevent the loss of civilian firearms and civilian firearm parts. Article 19: When placing firearms for civilian use, the purchase certificate must be checked, and the purchase certificate must be strictly followed according to the variety, model and quantity stated in the purchase certificate; when ammunition is placed, the gun certificate must be checked. Enterprises that distribute firearms for civilian use must establish distribution account books in accordance with the regulations of the public security department of the State Council and keep them for long-term records. Article 20: Public security organs must conduct regular inspections on the manufacturing, distribution, storage, and account registration of enterprises that manufacture and distribute civilian firearms; when necessary, they may send dedicated personnel to the factory to supervise and inspect manufacturing enterprises. Article 21 The development and finalization of civilian firearms shall be organized and implemented by the relevant business departments of the State Council in conjunction with the public security department of the State Council. Article 22: The manufacture and sale of imitation guns is prohibited. Chapter 4 Daily Management of Firearms Article 23 Units and individuals equipped with and equipped with firearms must properly keep the firearms and ensure the safety of the firearms.
Units that equip and deploy firearms must clearly define their responsibilities for firearms management, designate a dedicated person to take charge, and have secure dedicated storage facilities, and firearms and ammunition should be stored separately. For guns handed over to individuals for use, strict management systems for gun registration, handover, inspection, and maintenance must be established, and they must be recovered in a timely manner after use.
For firearms equipped and configured for personal use, effective measures must be taken to prevent theft, robbery, loss or other accidents. Article 24 Personnel who use firearms must master the performance of firearms, abide by relevant regulations on the use of firearms, and ensure the legal and safe use of firearms. Personnel who use official firearms must undergo special training. Article 25 Units and individuals equipped with and equipped with guns must abide by the following regulations:
(1) When carrying a gun, you must also carry a gun certificate. If you do not carry a gun certificate, the public security organ will detain the gun;
(2) Guns are not allowed to be carried in areas or places where carrying guns is prohibited;
(3) If a gun is stolen, robbed or lost, report it to the public security organ immediately. Article 26: When a person equipped with a gun for official use no longer meets the conditions for holding a gun, his or her unit shall take back the gun and gun-holding certificate.
When units and individuals equipped with civilian guns no longer meet the conditions for holding guns, they must promptly turn over the guns and gun certificates to the public security agency that issued the gun certificates; if they are not handed over in time, they will be confiscated by the public security organs. Article 27: Firearms that do not meet national technical standards and cannot be used safely shall be scrapped. Units and individuals equipped with and holding firearms shall hand over the scrapped firearms together with the firearms certificates to the public security organs that issued the firearms certificates; if they are not handed over in time, they shall be confiscated by the public security organs. Scrapped firearms should be destroyed promptly.
The destruction of firearms shall be organized and implemented by the public security organs of the provincial people's governments. Article 28: The state implements an inspection system for firearms. Units and individuals holding firearms shall undergo inspection at the time and place designated by the public security organs. When conducting inspections, the public security organs must strictly examine whether gun-holding units and individuals meet the conditions stipulated in this law, and check the condition and use of guns; if guns are used illegally, do not meet gun-holding conditions, or guns should be scrapped, guns and holders must be confiscated. Gun ID. Those who refuse to accept inspection will have their guns and gun certificates confiscated by the public security organs. Article 29: To meet the special needs of maintaining public security and order, with the approval of the public security department of the State Council, the public security organs of local people's governments at or above the county level may adopt special control measures such as centralized storage of firearms legally equipped and deployed in certain areas. Chapter 5 Transportation of Firearms Article 30 No unit or individual may transport firearms without permission. If you need to transport firearms, you must truthfully declare to the public security organs the type, quantity, route and method of transporting firearms, and obtain a firearms transportation license.
If transporting within the province, autonomous region, or municipality directly under the Central Government, apply for a firearms transportation license to the public security agency of the people's government of the municipality with districts in the place of shipment; if transporting across provinces, autonomous regions, or municipalities directly under the Central Government, apply to the public security agency of the provincial people's government of the destination Transport permit.
No unit or individual may transport firearms without a firearms transportation license, and must immediately report to the local public security agency.
Public security organs shall detain the transported firearms if they do not have a firearms transport license or do not transport firearms in accordance with the provisions of the firearms transport license. Article 31: When transporting firearms, safe and reliable closed transport equipment must be used in accordance with regulations, and must be escorted by dedicated personnel; any accommodation during the journey must be reported to the local public security organ.
Guns and ammunition must be transported separately in accordance with regulations. Article 32: It is strictly prohibited to mail firearms or to include firearms in mailed items. Chapter Six: Entry and Exit of Firearms Article 33: The state strictly manages the entry and exit of firearms. No unit or individual may carry firearms into or out of the country without permission. Article 34 Personnel from foreign diplomatic missions and consulates in China who bring firearms into the country must report to the Ministry of Foreign Affairs of the People's Republic of China and the People's Republic of China for approval in advance; when carrying firearms out of the country, they must notify the Ministry of Foreign Affairs of the People's Republic of China and the People's Republic of China in advance. department to handle relevant procedures.
Firearms brought into the country in accordance with the provisions of the preceding paragraph shall not be carried out of the institution in China where they are located. Article 35 If a foreign sports delegation enters the country to participate in competitive shooting sports activities, or a Chinese sports delegation goes abroad to participate in competitive shooting sports activities, and it is necessary to bring shooting sports firearms into or out of the country, it must be approved by the sports administrative department of the State Council. Article 36: Persons other than those specified in Articles 34 and 35 of this Law who carry firearms into or out of the country must obtain prior approval from the public security department of the State Council. Article 37 Those who have been approved to bring firearms into the country shall register the firearms at the border inspection station at the place of entry with the approval document, apply for a firearms carrying license, and declare to the customs. The customs will release the firearms based on the firearms carrying license. After arriving at the destination, apply to the public security organ of the districted municipal people's government for a replacement gun certificate with the firearms carrying permit.
Those who have been approved to carry firearms out of the country must declare to the customs at the place of exit with the approval document when leaving the country, and the border inspection station will release the gun based on the approval document. Article 38: If a foreign transportation vehicle enters or transits with guns, the person in charge of the transportation vehicle must declare to the border inspection station, and the border inspection station will seal it, and the seal will be unsealed when the transportation vehicle leaves the country. Chapter 7 Legal Responsibilities Article 39 Anyone who violates the provisions of this Law and manufactures, trades or transports firearms without permission shall be severely punished in accordance with Article 112 of the Criminal Law and the "Standing Committee of the National People's Congress's Notice on Severely Punishing Those Who Seriously Endanger Social Security" Criminal responsibility shall be investigated in accordance with the provisions of "Decision of Criminals".
If a unit commits the acts mentioned in the preceding paragraph, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be held criminally responsible in accordance with the provisions of Article 112 of the Criminal Law. Article 40 If a gun manufacturing enterprise or sales enterprise that is designated and determined in accordance with the law violates the provisions of this law and commits any of the following acts, the unit shall be fined, and the person directly in charge and other directly responsible persons shall be fined according to Article 1 of the Criminal Law. Criminal liability shall be investigated in accordance with the provisions of Article 112; the public security organ may order it to suspend business for rectification or revoke its gun manufacturing license and gun distribution license:
(1) Variety exceeding the limit or not complying with regulations Manufacturing and selling firearms;
(2) Manufacturing firearms without numbers, heavy numbers, or fake numbers;
(3) Selling firearms privately or selling them within the country for export. of firearms. Article 41 Anyone who violates the provisions of this Law and illegally possesses or hides firearms shall be held criminally responsible in accordance with the provisions of Article 163 of the Criminal Law.
Those who illegally transport or carry firearms into or out of the country will be held criminally responsible in accordance with the "Supplementary Provisions of the Standing Committee of the National People's Congress on Punishing the Crime of Smuggling". Article 42 In violation of the provisions of this Law, if a firearm is transported without using safe and reliable transportation equipment, without a dedicated escort, without transporting firearms and ammunition separately, or without reporting the stay to the public security organs during transportation, and if the circumstances are serious, the violation shall be governed by Article 18 of the Criminal Law. Criminal liability shall be investigated in accordance with the provisions of Article 17; if a crime is not constituted, the public security organs shall detain the person directly responsible for a period of not more than 15 days. Article 43 Anyone who violates the regulations on gun management by renting or lending guns for official use shall be punished in accordance with the provisions of Article 187 of the Criminal Law.
If a unit commits the acts mentioned in the preceding paragraph, the person directly in charge and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph.
If a unit that is equipped with civilian firearms violates firearms management regulations by renting or lending firearms, causing serious consequences or other serious circumstances, the person in charge and other directly responsible personnel who are directly responsible for it shall be punished according to Article 100 of the Criminal Law. Penalties prescribed in Article 87.
If an individual equipped with civilian firearms violates firearms management regulations by renting or lending firearms, causing serious consequences, he shall be punished in accordance with the provisions of Article 163 of the Criminal Law.
For those who violate gun management regulations by renting or lending guns, and the circumstances are minor and do not constitute a crime, the public security organs shall detain the person or unit directly responsible person in charge and other directly responsible persons for a period of not more than 15 days. A fine of not more than 5,000 yuan may be imposed; any rented or lent firearms shall be confiscated. Article 44: Anyone who violates the provisions of this Law and commits any of the following acts shall be given a warning or detained for not more than 15 days by the public security organs to the persons in charge or other directly responsible persons of the individual or unit; if it constitutes a crime, he shall be detained in accordance with the law. Pursuing criminal liability:
(1) Failure to manufacture civilian firearms in accordance with prescribed technical standards;
(2) Carrying firearms in areas or places where carrying firearms is prohibited;
(3) Failure to turn in scrapped firearms;
(4) Failure to report firearms stolen, robbed or lost in a timely manner;
(5) Manufacturing and selling Imitation gun.
Whoever commits the acts listed in items (1) to (3) of the preceding paragraph shall have his firearms confiscated and may also be fined not more than 5,000 yuan; if he commits the acts listed in item (5) of the preceding paragraph, The public security organs and industrial and commercial administrative departments shall confiscate the imitation guns according to their respective scope of duties, and may impose a fine of not more than five times the manufacturing and sales amount. If the circumstances are serious, the industrial and commercial administrative departments shall revoke the business license. Article 45 If a public security organ staff member commits any of the following acts, he or she shall be held criminally responsible in accordance with the law; if it does not constitute a crime, he or she shall be given administrative sanctions in accordance with the law:
(1) Report to Articles 5 and 6 of this Law Units and individuals other than those stipulated in Article 1 are equipped with or equipped with firearms;
(2) Illegal issuance of firearms management certificates;
(3) Taking confiscated firearms as one's own ;
(4) Failure to perform firearms management duties, resulting in consequences. Chapter 8 Supplementary Provisions Article 46 The term "firearms" as used in this Law refers to various types of firearms that are powered by gunpowder or compressed gas and use tubular instruments to launch metal projectiles or other substances, which are sufficient to cause casualties or loss of consciousness. Article 47: To carry out recreational activities, units and individuals may be equipped with air rifles with a caliber not exceeding 4.5 mm. Specific management measures shall be formulated by the public security department of the State Council.
Measures for the management of props and firearms used in the production of film and television dramas shall be formulated by the public security department of the State Council in conjunction with the administrative department of radio, film and television under the State Council.
The management measures for the preservation or exhibition of firearms in museums, memorial halls, and exhibition halls shall be formulated by the public security department of the State Council in conjunction with the relevant administrative departments of the State Council. Article 48 The relevant provisions of this law shall apply to the manufacture, distribution, and transportation of major parts and components of firearms and ammunition for firearms. Article 49: Firearms management certificates shall be formulated by the public security department of the State Council. Article 50 This Law shall come into effect on October 1, 1996.