She subcontracted this entertainment booth from an old man (yes, entertainment), set up a stall to play balloons, and dared not set up a stall during the day. She comes out at eight or nine o'clock every night, closes the stall and goes home to sleep at twelve o'clock. This is a typical city, punk. It tried its best to avoid the urban management, and was finally caught by the regular army police.
The police arrested her, and it was not disorderly law enforcement. In the "Regulations on Performance Appraisal of Firearms and Ammunition Involved by Public Security Organs" issued by the Ministry of Public Security on 20 10, the expression of firearms is: "When the muzzle specific kinetic energy of a projectile is greater than or equal to 1.8 Joule/cm2, it is considered as a firearm."
The general rule in the world is that the gun must reach 78 joules, while ours is 1.8 joules. What is this concept? Anything like a gun can shoot things, and it can reach this order of magnitude.
▲ 20 10 Regulations on Performance Appraisal of Firearms and Ammunition Involved by Public Security Organs issued by the Ministry of Public Security
I must thank my parents who gave birth to me many years ago. When I was a child, it was popular for everyone to make their own gunpowder. That kind of gun is guided by matchsticks, uses peeled firecrackers as ammunition, pulls the trigger, and makes a loud noise. Sometimes we put some "projectiles" in the gun chamber and try to shoot birds, but we never succeed. But according to today's law, this is definitely "owning a gun", which is really scary to think about.
The police's "arrest" of the old lady Zhao Chunhua seems a bit meaningless. This matter went to court and there was still a chance to get a less funny result.
Setting up stalls to shoot balloons is a common entertainment activity in many scenic spots or small towns. This toy air gun will not cause any harm unless it is aimed at people's eyes at close range. The court can completely decide that the circumstances are minor and not pursue criminal responsibility, or the police old lady can criticize and educate her and let her go home for the New Year.
However, the court held that "Zhao Chunhua violated the national gun management system and illegally held guns, and the circumstances were serious, and his behavior constituted the crime of illegally holding guns; The defender's defense opinion that Zhao Chunhua has a frank plot, is a first-time offender and has a good attitude of pleading guilty is adopted as appropriate; Zhao Chunhua was found guilty of illegal possession of firearms and sentenced to three years and six months' imprisonment "(according to the newspaper).
"Serious circumstances" probably means that the police seized "six guns" from the old lady. In the revolutionary era, this number is enough to pull a team. Moreover, this is not the first case in China in which a toy gun that "balloons" was identified as a gun and sentenced. There are at least three similar situations when searching with keywords on the Internet.
The whole thing seemed serious, but the result was absurd. The regulations issued by the Ministry of Public Security on 20 10 caused great controversy at that time. The media, including Procuratorate Daily, questioned this method of identifying guns, but this provision has not been changed.
In fact, the police will be flexible in handling such incidents. A policeman saw a child holding a toy gun by the roadside. Although the kinetic energy of plastic or rubber bullets is obviously higher than 1.8 Joule, the police will not take the children away for investigation. This is not human law enforcement, but respect for common sense.
▲ Toy gun is a little boy's favorite toy.
Now that the "Regulations" are in place, they may come into effect. In his comments on this matter, lawyer James Jiang Wei said that when he saw this document, he threw away his child's toy gun. Before throwing it away, he deliberately smashed it, because it is likely to hurt people, not guns, but the law.
Because of his sensitivity as a legal person and his judgment on real life, Si Long may be worried that if the police retaliate against him for defending a criminal case, he will "illegally own a gun".
Ordinary people like Zhao Chunhua, an old lady in Tianjin, didn't know there was such a regulation at all. She was arrested by the police, which is probably just a random act of the police. An ordinary policeman who wants to do meritorious service may take her away at will.
But from the public security bureau to the procuratorate and the court, the whole system does not have a correction mechanism, which is what makes people feel scared. Obviously, it is impossible for Tianjin police to specifically target Mrs. Zhao. This kind of thing happens completely at random, but this is also the horror of it, because it can happen to anyone at will. ▲ Common balloon games on the roadside.
According to the filing standards of Tianjin police, the owners of many toy store manufacturers should be arrested and shot. But the reality is that we can still easily see this kind of toy gun in the city, even if we play balloon games, it is exactly the same, and it is not a rare scene.
However, the reality is that only Mrs. Zhao is unlucky. She has no legal consciousness and no corresponding knowledge. As a lower class person, she had to set up a stall until twelve o'clock to earn some money. She has no friends from the police, so she can "arrest people" at the beginning of the situation.
A few days ago, the Beijing police cracked down on pornography and gambling, and the widely circulated joke was "The most successful person is the person who controls in the clubhouse and can send WeChat the next day". Because both being controlled and coming out safely are "symbols of status", this kind of life and logic is probably beyond Mrs. Zhao's understanding. All this makes her easier to be caught by bad luck.
Most of us, like Zhao Nvshi, are in danger of being caught by "controversial" laws. For example, transfer some imported drugs, or, if you drive a private car to pull a friend, the friend will get off and give you 100 yuan.
For ordinary people, you can't master enough legal knowledge, and your survival skills and resources are also very limited, which also doomed that survival is an accident. Thank fate.