What are the constitutive elements of the crime of illegal possession and possession of guns and ammunition?
1, object element. The object of the crime of illegal possession and possession of firearms and ammunition is public safety and the state's management system of firearms and ammunition;
2. objective factors. The crime of illegal possession and possession of guns and ammunition is objectively manifested as the act of illegal possession and possession of guns by the actor in violation of the regulations on gun control. The so-called possession refers to the illegal act of holding and hiding guns and ammunition. That is, in violation of the regulations on gun control, holding and carrying guns and ammunition without obtaining a gun certificate according to law, or carrying guns and ammunition out of the legal place despite the certificate, or carrying guns in areas and places where guns and ammunition are prohibited;
3. Main elements. The subject of the crime of illegal possession and possession of guns and ammunition is the general subject. That is to say, anyone who has reached the age of 16 and has the ability of criminal responsibility can become the subject of the crime of illegal possession and possession of guns and ammunition. Units can also become the subject of the crime of illegal possession and possession of guns and ammunition.
4. Subjective factors. The crime of illegal possession and possession of guns and ammunition is subjectively intentional, that is, knowing that it is a crime of prohibiting private possession of guns and ammunition, and deliberately hiding. If you don't know your collection of guns and ammunition, it doesn't constitute a crime.
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Legal basis: Article 125 of the Criminal Law of People's Republic of China (PRC) illegally manufactures, buys, sells, transports, mails and stores guns, ammunition and explosives, and 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.