It is a weapon for soldiers, and it may also become a tool for ordinary people to commit crimes. Therefore, the law of our country does not allow the possession of guns. How is the definition and legislative standard of the crime of illegal possession of guns stipulated by law? What kind of punishment are there for criminals? Only by understanding the relevant regulations and legislative standards can we not violate the boundaries of the law and be a good law-abiding citizen on the basis of knowing the law.
The crime of illegal possession and possession of guns and ammunition is a crime stipulated in the first paragraph of Article 128 of the Criminal Law of People's Republic of China (PRC). According to this provision, anyone who illegally holds or hides guns and ammunition in violation of the regulations on gun control 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 crime of illegal possession of guns objectively shows that the perpetrator violates the laws and regulations on gun control and illegally holds guns. At the same time, the law stipulates that anyone who has reached the age of 16 and has the capacity for criminal responsibility can constitute this crime.
What is the filing standard for the crime of illegal possession of guns?
Whoever, in violation of the regulations on the control of firearms, illegally holds or conceals firearms and ammunition in any of the following circumstances shall file a case for prosecution:
(a) illegal possession and possession of more than one military gun;
(2) Illegally holding or hiding one or more non-military guns that fire bullets with gunpowder or two or more other non-military guns that use compressed gas as power;
(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, possession of grenades, bombs, mines, grenades and other anti-personnel ammunition more than one;
(five) illegal possession and possession of ammunition, resulting in casualties and property losses.
"Illegal possession" refers to the unauthorized possession of guns and ammunition by persons who do not meet the conditions for equipping and configuring guns and ammunition;
"Possession" refers to the act of a person who is equipped and equipped with guns and ammunition according to law, hiding the equipped and equipped guns and ammunition, and refusing to hand them over after the conditions for equipped and equipped guns and ammunition are eliminated.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Criminal law of the people's Republic of China
Article 128 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.
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.