1。 A 7-joule gun is not illegal. It has reached 1. 8 joules and above are illegal guns. Buying or holding ≥ 1 without authorization. Guns with 8 joules per square centimeter are suspected of being illegal. Manufacturing and selling 0. 16 to 1. An air gun with 8 joules per square centimeter is also illegal. Any unit or individual who illegally holds or hides guns is an illegal and criminal act. Once guns and ammunition are out of control, they may become criminal tools and be used by some criminals to commit crimes such as murder, robbery and kidnapping. According to the relevant laws and regulations of our country, the possession of two or more non-military guns (including air guns) constitutes the crime of illegal possession of guns. Possession of more than one military or police gun constitutes the crime of illegal possession of guns.
What is the punishment standard for the crime of illegal possession of guns?
1, fixed-term imprisonment of not more than three years, criminal detention, reference point of statutory benchmark punishment for control
(1) Whoever illegally holds or hides military guns or non-military guns that fire bullets with gunpowder as power shall be sentenced to fixed-term imprisonment of not more than one year;
(2) Whoever illegally holds or conceals two other non-military guns powered by compressed gas shall be put under criminal detention or control; Three, one year in prison; Four, two years in prison;
(three) illegal possession and possession of more than 20 rounds of military bullets and less than 30 rounds are controlled; More than 30 rounds and less than 40 rounds are criminal detention; 40 rounds, six months in prison, more than 100 rounds, each additional three rounds, the prison term will be increased by one month;
(4) Illegal possession and possession of lead bullets for air guns 1 0,000 rounds and less than 1 0,500 rounds are controlled; /kloc-more than 0/500 rounds and less than 2,000 rounds are criminal detention; 2,000 rounds, six months in prison, more than 5,000 rounds, and each increase of 150 rounds will increase the sentence by one month;
(five) illegal possession and possession of other non-military bullets of more than 200 rounds but less than 300 rounds shall be punished with public surveillance; More than 300 rounds and less than 400 rounds are criminal detention; 400 rounds, six months in prison, more than 1000 rounds, each additional 30 rounds, the sentence will be increased by one month;
(6) Whoever illegally holds or hides grenades 1 piece shall be sentenced to one year's imprisonment; 2 pieces, two years in prison;
(7) If the crime of illegal possession and possession of ammunition does not reach the above-mentioned starting point, but casualties are caused and 1 person is injured, it shall be sentenced to six months' imprisonment, and if two people are slightly injured or 1 person is seriously injured, the sentence shall be increased by six months; Death 1, which is one year's imprisonment. Death 1, one year's imprisonment (except for combined punishment for several crimes).
2, more than three years but less than seven years of fixed-term imprisonment legal benchmark punishment reference point
(1) Whoever illegally holds or conceals two military guns or two non-military guns that fire bullets with gunpowder as power shall be sentenced to fixed-term imprisonment of not more than three years, and the term of imprisonment shall be increased by one year for each additional 1 gun;
(2) Whoever illegally holds or conceals five other non-military guns powered by compressed gas shall be sentenced to fixed-term imprisonment of not more than three years, and the term of imprisonment shall be increased by six months for each additional 65,438 guns +0 guns;
(3) Those who illegally hold or hide three grenades shall be sentenced to three years' imprisonment, and the imprisonment shall be increased by 1 year for each additional Grenade;
(four) illegal possession, possession of military bullets 100 rounds, shall be sentenced to fixed-term imprisonment of not more than three years, and each additional three rounds of imprisonment shall be increased by one month;
(5) Whoever illegally holds or conceals 5,000 lead bullets from air guns shall be sentenced to three years' imprisonment, and the term of imprisonment shall be increased by one month for each additional 65,438 +050 bullets;
(6) Whoever illegally holds or conceals 1 0,000 other non-military bullets shall be sentenced to fixed-term imprisonment of not more than three years, and the term of imprisonment shall be increased by one month for every 30 rounds.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 46 of the Gun Control Law of People's Republic of China (PRC).
Guns as mentioned in this Law refer to all kinds of guns that are powered by gunpowder or compressed gas and use tubular instruments to fire metal pellets or other substances, which are enough to cause casualties or coma.
Article 125 of the Criminal Law of People's Republic of China (PRC) _
Whoever illegally manufactures, buys, sells, transports, mails or stores guns, ammunition and explosives shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Whoever illegally manufactures, buys, sells, transports or stores toxic, radioactive, infectious disease pathogens and other substances and endangers public safety shall be punished in accordance with the provisions of the preceding paragraph.
If a unit commits the crimes mentioned in the preceding two paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Article 128 of the Criminal Law of People's Republic of China (PRC)
Whoever, in violation of the regulations on gun control, illegally holds or hides guns and ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance; If the circumstances are serious, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Persons who are legally equipped with guns for official use illegally rent or lend guns shall be punished in accordance with the provisions of the preceding paragraph.
Personnel who are legally equipped with guns illegally rent or lend guns, thus causing serious consequences, shall be punished in accordance with the provisions of the first paragraph.
Where a unit commits the crimes mentioned in the second and third paragraphs, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the first paragraph.
Article 130 of the Criminal Law of People's Republic of China (PRC)
Whoever illegally carries guns, ammunition, controlled knives or explosive, flammable, radioactive, toxic or corrosive articles into public places or public transport, thus endangering public safety, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.