Those who illegally hold air guns shall be punished in accordance with the Law on Public Security Administration Punishment. Possession of more than two constitutes the crime of illegal possession of firearms.
Legal basis: Article 32 of the Law on Public Security Administration Punishment illegally carries guns, ammunition, crossbows, daggers and other instruments controlled by the state, and shall be detained for not more than five days and may be fined not more than 500 yuan; If the circumstances are minor, a warning or a fine of not more than 200 yuan shall be imposed.
Illegally carrying guns, ammunition, crossbows, daggers and other state-regulated control devices into public places or public transport.
The first paragraph of Article 128 stipulates: "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. "
The second paragraph of Article 8 of the Supreme People's Court's Interpretation 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 stipulates: "The' illegal possession' as stipulated in the first paragraph of Article 128 of the Criminal Law refers to an act that does not meet the conditions for equipping and configuring firearms and ammunition and violates the provisions of laws and regulations on gun control."
"Possession" crime is a special crime classified by behavior in China's criminal law. "Holding" is a kind of actual possession of things. The relationship between domination and control should be a continuous state behavior in essence. The crime of "possession" in our criminal law must be the possession, domination and abuse of legal contraband in fact or in law. The state or behavior of control can only be intentional subjectively, and negligence does not constitute the crime of "possession".