Judicial interpretation of the crime of illegal possession of guns and ammunition

Subjective aspect of law:

Anyone who has one of the following circumstances shall be convicted and punished: (1) Illegally hiding a military gun; (2) Illegal possession of one non-military gun powered by gunpowder or two or more non-military guns powered by compressed gas; (3) illegal possession of more than 2 military bullets or more than 1, air gun lead bullets or private possession of more than 2 non-military bullets; (4) illegal possession of more than one Grenade; (5) Illegal possession of ammunition leads to casualties or property losses. Legal objectives:

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Manufacturing, Trading and Transportation of Firearms, Ammunition and Explosives Article 1 Illegal manufacturing, trading by individuals or units, Article 1 Illegal manufacturing, trading, transportation, mailing or storage of firearms, ammunition and explosives by individuals or units shall be dealt with in accordance with the provisions of the first paragraph of Article 125 of the Criminal Law. (b) illegally manufacturing, trading, transporting, mailing or storing more than one non-military gun that fires bullets with gunpowder or more than two other non-military guns that are powered by compressed gas; (c) illegally manufacturing, trading, transporting, mailing or storing more than two non-military guns that are powered by compressed gas; (d) Illegally manufacturing, trading, transporting, mailing or storing two or more non-military firearms. Illegally manufacturing, trading, transporting, mailing or storing more than 1 military bullets, more than 5 air gun lead bullets or more than 1 other non-military bullets; (d) Illegally manufacturing, trading, transporting, mailing or storing more than one Grenade; (e) Illegally manufacturing, trading, transporting, mailing or storing explosive devices; (f) Illegally manufacturing, trading, transporting, mailing or storing explosives, propellants, more than one kilogram of black powder or more than three kilograms of pyrotechnics, more than 3 detonators or more than 3 meters of fuses or detonating cords; (7) Units qualified to produce explosives fail to produce explosives according to the specified varieties, or units qualified to sell and use explosives sell or buy explosives, propellants, black powder of more than 1 kilograms or pyrotechnics of more than 3 kilograms, detonators of more than 3 pieces or fuses and detonating cords of more than 3 meters. The fuse and detonating cord are more than 3 meters; (eight) repeatedly illegally manufacturing, trading, transporting, mailing and storing ammunition and explosives; (nine) although it has not reached the above minimum quantity standard, it has caused serious consequences and other bad circumstances. Whoever introduces the buying and selling of guns, ammunition and explosives shall be punished for the crime of buying and selling guns, ammunition and explosives. Article 2 The illegal manufacture, sale, transportation, mailing and storage of guns, ammunition and explosives is "aggravated" as stipulated in the first paragraph of Article 125 of the Criminal Law, in any of the following circumstances: (1) Illegal manufacture, sale, transportation, mailing and storage of guns, ammunition and explosives, the quantity of which reaches Items (1), (2) and (3) of Article 1 of this Interpretation. (a) The quantity of firearms, ammunition or explosives illegally manufactured, traded, transported, mailed or stored exceeds five times the minimum quantity standard stipulated in Article 1 (a), (b), (c), (f) or (g) of this Interpretation; (b) Illegally manufacturing, trading, transporting, mailing or storing more than three grenades; (3) illegally manufacturing, trading, transporting, mailing or storing explosive devices with serious dangers; (4) Having reached the minimum quantity standard stipulated in Article 1 of this Interpretation, and having other bad circumstances such as serious consequences. Article 5 Anyone who has any of the following circumstances shall be convicted and punished for the crime of illegal possession and possession of guns and ammunition in accordance with the provisions of the first paragraph of Article 128 of the Criminal Law: (1) illegal possession and possession of military guns; (2) Illegally holding or hiding one non-military gun that fires bullets with gunpowder or two or more other non-military guns that are powered by compressed gas; (c) Illegal possession or possession of more than 2 military bullets, more than 1, air gun lead bullets or more than 2 other non-military bullets; (d) Illegal possession or possession of more than one Grenade; (e) Illegal possession or possession of ammunition that causes casualties or property damage. (a) Illegal possession or possession of two or more military firearms; (b) Illegally holding or hiding two or more non-military guns powered by gunpowder and firing bullets, or five or more non-military guns powered by compressed gas; (c) Illegal possession or possession of more than one Grenade; (d) Illegal possession or possession of more than one Grenade; (e) Ammunition causes casualties or property damage. (3) illegally holding or hiding more than 1 military bullets, more than 5, air gun lead bullets or more than 1, other non-military bullets; (four) illegal possession or possession of more than three grenades; (5) Having reached the minimum quantity specified in the first paragraph of this article, and having other aggravating circumstances such as serious consequences. Paragraph 2 of Article 8: The term "illegal possession" as stipulated in the first paragraph of Article 128 of the Criminal Law refers to the act of holding guns and ammunition without authorization, which does not meet the conditions for equipping and allocating guns and ammunition, and violates the provisions of laws and regulations on gun control. Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Criteria for Filing Criminal Cases under the Jurisdiction of Public Security Organs (1) Article 4 [Illegal possession and possession of firearms and ammunition (Article 128, paragraph 1 of the Criminal Law violates the regulations on the control of firearms, and is suspected of illegal possession and possession of firearms and ammunition in any of the following circumstances, it shall be filed for prosecution: (1) Illegal possession and possession of more than one military firearm; (two) illegal possession and possession of more than one military gun; (3) illegal possession and possession of a military gun; (2) illegal possession and possession of more than one non-military gun that fires bullets with gunpowder or more than two other non-military guns that are powered by compressed gas; (c) illegal possession or possession of more than 2 military bullets, more than 1, air gun lead bullets or more than 2 other non-military bullets; (d) illegal possession or hiding of more than one grenade, bomb, mine, grenade, etc.; (e) illegal possession or possession of ammunition causing casualties or property losses. The term "illegal possession" as mentioned in this article refers to the act of holding guns and ammunition without authorization, which does not meet the requirements for equipment and allocation of guns and ammunition; "Possession" refers to the act of hiding and disposing guns and ammunition without meeting the conditions for equipping and disposing guns and ammunition as stipulated by law, and refusing to hand them over after being eliminated.