Why was a man in Shanghai sentenced for buying toy matches?

The match is powered by gunpowder, and the "muzzle specific kinetic energy" (the specific kinetic energy 50 cm away from the gunpowder-powered muzzle) is 3.95 Joule/cm2. The muzzle specific kinetic energy of a matchbook is greater than that stipulated in the third paragraph of Article 3 of the Provisions on the Performance Appraisal of Firearms and Ammunition Involved by Public Security Organs, and it is powered by gunpowder, so it is recognized as a gun. "

According to the Criteria for Forensic Scientific Appraisal of Firearms Injuries (GA/T 7 18-2007), a projectile is regarded as a firearm when its muzzle specific kinetic energy is greater than or equal to 1.8 Joule/cm2.

Extended data:

A man bought a toy gun online as a child's toy, and was prosecuted by the local procuratorate on suspicion of illegal possession of a gun, which aroused social concern. On June 5438+02, Beijing Youth Daily reporter learned from the local procuratorate that the appraisal result of the local public security department showed that the muzzle specific kinetic energy of the matchbox purchased by the man was 3.95 Joule /cm2, which was greater than the specified 1.8 Joule /cm2, so it was identified as a gun.

In this regard, some people in the legal profession believe that the current specific kinetic energy standard "1.8 Joule/cm2" is an internal standard of the public security department and has no reference value. Some lawyers pointed out that in this case, men bought toy guns online as children's toys, which did not cause serious social harm. "According to the relevant provisions of the Criminal Law, it may not be considered a crime, and the local procuratorate may withdraw the prosecution."

After the incident was exposed, it aroused social concern. Most netizens were puzzled by Ye Zhun's accusation of illegal possession of firearms, and asked about the basis of identification. Some netizens said that matchsticks used to be a common toy in childhood, and now they can be bought at will on shopping platforms. If some matchsticks are identified as guns, what responsibilities should these platforms and businesses selling matchsticks bear?

The reporter searched on the online shopping platform and found that there are still many merchants selling matchsticks. Merchants describe matchsticks as "nostalgic toys for the post-70s and post-80s" when advertising, with prices ranging from tens of yuan to several thousand yuan. The monthly sales of some businesses are shown as more than 1 1,000. The reporter of Beiqing Daily noticed that it is impossible to judge whether these matchsticks meet the standards of gun identification from the pictures or introductions.

References:

Xinhuanet-The man was sued for online shopping matchsticks, and the lawyer said that the lawsuit should be withdrawn.