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.
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.
In order to severely punish illegal manufacturing, trading, transporting firearms, ammunition, explosives and other criminal activities in accordance with the law, according to the relevant provisions of the Criminal Law, some issues concerning the specific application of law in the trial of such cases are explained as follows:
Article 1 An individual or unit that illegally manufactures, buys, sells, transports, mails or stores guns, ammunition and explosives shall be convicted and punished for the crime of illegally manufacturing, buying, selling, transporting, mailing or storing guns, ammunition and explosives in accordance with the provisions of the first paragraph of Article 125 of the Criminal Law:
(1) illegally manufacturing, trading, transporting, mailing or storing more than one military gun;
(2) Illegally manufacturing, trading, transporting, mailing or storing one or more non-military guns firing gunpowder bullets or two or more other non-military guns powered by compressed gas;
(3) Illegally manufacturing, trading, transporting, mailing or storing more than 10 military bullets, more than 500 air gun lead bullets or more than 100 other non-military bullets;
(4) illegally manufacturing, trading, transporting, mailing or storing more than one Grenade;
(5) illegally manufacturing, trading, transporting, mailing or storing explosive devices;
(6) illegally manufacturing, trading, transporting, mailing or storing explosives, propellants, black powder of more than one kilogram or initiating explosive device of more than three kilograms, detonators of more than 30 pieces or fuses and detonating cords of more than 30 meters;
(7) Units qualified to produce explosives fail to produce according to the prescribed varieties, or units qualified to sell and use explosives exceed the quota to buy and sell explosives, propellants, black powder of more than 10 kilograms or initiating explosive devices of more than 30 kilograms, detonators of more than 300 pieces or fuses and detonating cords of more than 300 meters;
(eight) repeatedly illegally manufacturing, trading, transporting, mailing and storing ammunition and explosives;
(nine) although it does not meet the above minimum quantity standard, it has other bad circumstances such as causing serious consequences.
Whoever introduces the buying and selling of guns, ammunition and explosives shall be punished as the * * * offender of the crime of buying and selling guns, ammunition and explosives.
Article 2 Whoever illegally manufactures, sells, transports, mails or stores guns, ammunition or explosives in any of the following circumstances belongs to "serious circumstances" as stipulated in the first paragraph of Article 125 of the Criminal Law:
(1) The quantity of illegally manufacturing, trading, transporting, mailing or storing guns, ammunition and explosives is more than five times the minimum quantity standard stipulated in Items (1), (2), (3), (6) and (7) of Article 1 of this Interpretation;
(2) illegally manufacturing, trading, transporting, mailing or storing more than three grenades;
(3) illegally manufacturing, buying, selling, transporting, mailing or storing explosive devices, which is seriously harmful;
(4) Having reached the minimum quantity standard stipulated in Article 1 of this Interpretation, and having other bad circumstances such as causing serious consequences.
Article 3 If an enterprise designated or determined to manufacture or sell guns according to law commits one of the following acts as stipulated in Article 126 of the Criminal Law, it shall be convicted and punished for the crime of illegally manufacturing or selling guns:
(1) illegally manufacturing more than five guns;
(2) Selling more than two guns in violation of regulations;
(three) although it does not meet the above minimum quantity standard, it has other bad circumstances such as causing serious consequences.
Under any of the following circumstances, it belongs to "serious circumstances" as stipulated in Article 126 of the Criminal Law:
(1) illegally manufacturing more than 20 guns;
(2) illegally selling more than ten guns;
(3) Having reached the minimum quantity standard stipulated in the first paragraph of this article, and having other bad circumstances such as causing serious consequences.
Under any of the following circumstances, it is "especially serious" as stipulated in Article 126 of the Criminal Law:
(1) illegally manufacturing more than 50 guns;
(2) illegally selling more than 30 guns;
(3) Having reached the minimum quantity standard stipulated in the second paragraph of this article, and having other bad circumstances such as causing serious consequences.
Article 4 Whoever steals or seizes guns, ammunition or explosives is convicted and punished for the crime of stealing or seizing guns, ammunition or explosives in accordance with the provisions of the first paragraph of Article 127 of the Criminal Law:
(1) Stealing or robbing one or more non-military guns or two or more other non-military guns powered by compressed gas;
(2) Stealing or robbing more than 10 military bullets, more than 500 air gun lead bullets or more than 100 other non-military bullets;
(3) stealing or robbing an explosive device;
(4) Stealing or robbing explosives, propellants, black powder 1 kg or more or initiating explosive devices (3 kg or more), detonators (30 pieces or more) or fuses and detonating cords (30 meters or more);
(five) although it does not meet the above minimum quantity standard, it has other bad circumstances such as causing serious consequences.
Under any of the following circumstances, it belongs to the "serious circumstances" stipulated in the first paragraph of Article 127 of the Criminal Law:
(1) The number of guns, ammunition and explosives stolen or robbed exceeds five times the minimum quantity standard stipulated in the first paragraph of this article;
(2) Stealing or robbing military guns;
(3) stealing or robbing grenades;
(four) theft, robbery of explosive devices, serious harm;
(5) Having reached the minimum quantity standard stipulated in the first paragraph of this article, and having other bad circumstances such as causing 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:
(a) illegal possession and possession of military guns;
(2) Illegally holding or hiding one non-military gun that fires gunpowder bullets or two or more other non-military guns powered by compressed gas;
(3) illegally holding or hiding more than 20 military bullets, more than 1,000 air gun lead bullets or more than 200 other non-military bullets;
(four) illegal possession and possession of more than one Grenade;
(five) illegal possession and possession of ammunition, resulting in casualties and property losses.
Under any of the following circumstances, it belongs to the "serious circumstances" stipulated in the first paragraph of Article 128 of the Criminal Law:
(a) illegal possession and possession of two or more military guns;
(2) Illegally holding or hiding two or more non-military guns that fire bullets with gunpowder or five or more other non-military guns that use compressed gas as power;
(3) illegally holding or hiding more than 100 military bullets, more than 5,000 air gun lead bullets or more than 1,000 other non-military bullets;
(four) illegal possession, possession of more than three grenades;
(5) Having reached the minimum quantity standard stipulated in the first paragraph of this article, and having other bad circumstances such as causing serious consequences.
Article 6 Illegal carrying of guns, ammunition and explosives into public places or public transport means, which endangers public safety, is a "serious case" as stipulated in Article 130 of the Criminal Law in any of the following circumstances:
(1) Carrying guns or grenades;
(2) Carrying an explosive device;
(3) Carrying more than 500 grams of explosives, propellant and black powder, or more than initiating explosive device 1 kg, more than 20 detonators, or more than 20 meters of fuse and detonating cord;
(4) Carrying ammunition and explosives that explode and burn in public places or public transport, but have not caused serious consequences;
(five) there are other serious circumstances.
If the perpetrator illegally carries the explosives specified in Item (3) of the first paragraph of this article into a public place or public transport and refuses to hand them over, he shall be convicted and punished in accordance with the provisions of Article 130 of the Criminal Law; If the quantity carried reaches the minimum quantity standard and can voluntarily and completely surrender, it may not be deemed as a crime.
Article 7 Whoever illegally manufactures, buys, sells, transports, mails, stores, steals, robs, holds, conceals or carries complete sets of gun parts shall be counted by the corresponding number of guns; Every 30 pieces of non-complete gun parts are counted as one set of gun parts.
Article 8 "Illegal storage" as stipulated in the first paragraph of Article 125 of the Criminal Law refers to the act of storing guns, ammunition and explosives for others knowing that they are illegally manufactured, traded, transported or mailed.
The term "illegal possession" as stipulated in the first paragraph of Article 128 of the Criminal Law refers to the act of unauthorized possession of guns and ammunition by persons who do not meet the conditions for equipping and configuring guns and ammunition, in violation of the provisions of laws and regulations on gun control.
"Possession" as stipulated in the first paragraph of Article 128 of the Criminal Law refers to the act of a person who is equipped and equipped with guns and ammunition according to law, and refuses to hand over the equipped and equipped guns and ammunition in violation of the provisions of laws and regulations on gun control after the conditions for equipping and equipping guns and ammunition are eliminated.
Article 9 Whoever illegally manufactures, buys, sells, transports, mails, stores, steals, robs, holds or conceals other ammunition and explosives shall be punished with reference to the conviction and sentencing standards stipulated in this Interpretation.
Li and others illegally buy and sell guns and illegally hold guns.
Criminal judgment, Haidian District People's Court, Beijing
(2006) The Early Word of Haifa Punishment. 133 1
The public prosecution organ is the People's Procuratorate of Haidian District, Beijing.
Defendant Li, male,1born on September 8, 968, Han nationality, Beijing native, primary school culture, farmer, living in Chaoyang District, Beijing. Li Yin was arrested on August 26, 2005, after being detained on August 3, 2005 for the crime of illegally buying and selling guns. He is currently being held in Haidian District Detention Center in Beijing.
Defender Xu Fulin, lawyer of Beijing Chengxin Law Firm.
Defendant Li Jianchun, male,1born on April 20, 979, Han nationality, born in Chengcheng County, Shaanxi Province, with junior high school education and no job, lives in Chengcheng County, Shaanxi Province. On suspicion of illegal possession of firearms, he was detained in criminal detention on August 3, 2005 and arrested on August 26 of the same year; He is currently detained at Haidian District Detention Center in Beijing.
Defendant Li and Li have no objection to the facts and charges accused by the procuratorate. Lawyer Li of the defendant has the following opinions: 1. The number of guns purchased by the defendant Li has just reached the conviction standard, and his purchase of guns is only self-defense without any consequences, and the circumstances of the crime are minor; 2. Defendant Li has a good attitude of pleading guilty and is a first-time offender. In summary, it is suggested that the court should give him a lighter punishment and apply probation.
It was found through trial that:
In May 2005, the defendant Li and others illegally purchased 2 air pistols in a market in Tanggu District, Tianjin.
At about 3 o'clock on August 3, 2005, the defendant drove an unlicensed Antelope car and brought two air pistols illegally purchased by Li to the roadside on the north side of Qinghe Community in Haidian District of this city. The police seized the above guns from the car on the spot and captured them. At about 22 o'clock that day, the defendant assisted the police to arrest the defendant Li. After identification, the above two air pistols can be fired normally, and they are lethal to the human body after shooting at close range.
During the trial, the public prosecutor read and presented to the court the evidence materials collected by the investigation organ, such as the defendant Li's confession in the public security organ, the process of taking stolen goods, the inventory record, the list of seized items, the Beijing firearms and ammunition appraisal book, and the capture process. After cross-examination by the court, the defendant Li, his defender and the defendant have no objection to the above evidence. We believe that the forms and sources of the above-mentioned evidence are legal and can be mutually verified, and we confirm its probative effect.
The court held that the defendant Li violated the state regulations on gun control and bought guns privately, which constituted the crime of illegally buying and selling guns; Defendant Li Jianchun violated the national regulations on gun control and held guns without authorization, which constituted the crime of illegal possession of guns and should be punished. The People's Procuratorate of Haidian District, Beijing accused the defendant Li of illegally buying and selling guns and the defendant of illegally holding guns. The defendant Li's criminal act of illegally buying guns endangers public security and has certain social harm. His defender's opinion that the defendant Li's crime of illegally buying and selling guns is minor and requires a lighter punishment and a suspended sentence has no factual and legal basis, and this court will not adopt it. After the defendant Li Jianchun was brought to justice, he assisted the public security organs in arresting accomplices and made meritorious service. Combined with his good attitude of pleading guilty, our hospital gave him a lighter punishment according to law. In view of the defendant Li's good attitude of pleading guilty and being a first-time offender, he should be given a lighter punishment as appropriate. The court adopted the relevant defense opinions of its defenders. For the defendant Li, according to the first paragraph of Article 125 of the Criminal Law of People's Republic of China (PRC); In accordance with the provisions of the first paragraph of Article 128 and the first paragraph of Article 68 of the Criminal Law of People's Republic of China (PRC), the defendant Li Jianchun was sentenced as follows:
1. Defendant Li committed the crime of illegally buying and selling guns and was sentenced to three years' imprisonment.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from August 3, 2005 to August 2, 2008).
2. Defendant Li Jianchun was found guilty of illegal possession of firearms and sentenced to 10 months imprisonment.
(The term of imprisonment shall be counted from the date of execution of the judgment. If a person is detained before the execution of the judgment, one day of detention shall be reduced to one day of fixed-term imprisonment, that is, from August 3, 2005 to June 2, 2006).
If you refuse to accept this judgment, you can appeal to the Beijing No.1 Intermediate People's Court through our court or directly within ten days from the second day of receiving the judgment. If a written appeal is filed, one original and two copies of the appeal shall be submitted.