I. The crime of illegal possession of guns and ammunition was sentenced to several years' imprisonment. According to the first paragraph of Article 128 of the Criminal Law of People's Republic of China (PRC) and People's Republic of China (PRC), the crime of illegal possession and possession of guns and ammunition. 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. In addition, the following two cases are punished according to the crime of illegal possession and possession of guns and ammunition: 1. Persons who are equipped with official guns according to law illegally rent or lend guns; 2. Persons who are equipped with guns according to law illegally rent or lend guns, thus causing serious consequences. Two. The object of this crime is public safety and the state's management system of firearms and ammunition. The state prohibits any individual from illegally possessing or hiding guns and ammunition. 1996 promulgated the "gun control law of People's Republic of China (PRC)", which clearly stipulates that it is illegal and criminal for any unit or individual to illegally hold or hide guns. Once guns and ammunition are out of control, they may become criminal tools and be used by some criminals to commit crimes such as murder, robbery and kidnapping. Objectively, this crime is manifested as the behavior of illegal possession and possession of guns by the perpetrator 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 having a certificate, or carrying guns in areas and places where guns and ammunition are prohibited. Guns and ammunition, whether donated by others or picked up, or legally carried by oneself and not handed in later, are all illegal possession and hiding without legal approval. However, if the illegally held or hidden guns and ammunition are illegally manufactured, sold or stolen or robbed by themselves, they should be punished for the crime of illegally manufacturing or selling guns and ammunition or stealing or robbing guns and ammunition, and there is no other crime of holding guns and ammunition. The so-called refusal to hand over includes those who have been found to have guns and ammunition and still refuse to hand them over after being ordered to do so; It also includes that although the holder has not been discovered, he knows that he should surrender, but still conceals it and refuses to surrender. This crime is a selective crime, that is, having one of the acts of possession and possession constitutes a crime. Subject Elements The subject of this crime is the general subject. That is to say, anyone who is over 16 years old and has the ability of criminal responsibility can become the subject of this crime. The unit can also be the subject of this crime. Other relevant provisions of this crime. At the same time, when distinguishing crime from non-crime, we should pay attention to the following two situations: the public security organ should be directly responsible for individuals or units, and the boundary between ammunition crime and the crime of possessing guns and ammunition. Subjectively, this crime is intentional, that is, knowingly hiding privately held guns and ammunition. If you don't know your collection of guns and ammunition, it doesn't constitute a crime. As can be seen from the above introduction, illegal possession of firearms and ammunition can be punished with imprisonment of up to seven years. I believe that after reading the above introduction, you have a certain understanding of the legal knowledge of the crime of illegal possession of guns and ammunition. If you still have legal problems in this area, if you still have questions in this area, we have professional criminal defense lawyers to serve you.
Legal objectivity:
The boundary between this crime and non-crime should pay attention to two aspects. One is to see whether the actor intentionally. If the perpetrator uses it for others and illegally carries it without knowing it, it should not constitute a crime. Second, it is necessary to comprehensively analyze the amount and harmfulness of the above-mentioned items illegally carried by the perpetrator. If the amount of the above-mentioned articles illegally carried by the actor is small, and he can immediately hand them over voluntarily when he enters a public place or public transport, he may not be investigated for punishment. The boundary between this crime and the crime of refusing to explode and negligent explosion is a crime endangering public safety, and there is no restriction on the subject of the crime. But the main difference between them is: (1) They are different objectively. This crime is manifested in that the perpetrator illegally carries guns, ammunition, controlled knives or explosive, flammable, radioactive, toxic and corrosive articles into public places or public transport, which endangers public safety and the circumstances are serious; The crime of misfiring and negligent explosion objectively shows that a fire or explosion accident occurs due to the negligent behavior of the actor, which endangers public safety. (2) The location of the crime is different. The requirements of this crime must occur in public places or public transport; There is no limit to the crime of fire and negligent explosion. (3) Different subjective aspects. This crime is intentional and belongs to intentional crime; The crime of refusing explosion and negligent explosion is subjectively manifested as negligence, which is a negligent crime. (4) The elements of a crime are different. This crime is a dangerous crime, which does not require actual harmful results, as long as there is danger of endangering public safety and the circumstances are serious; The crime of misfiring and negligent explosion needs serious consequences to constitute a crime. If the perpetrator illegally carries the above-mentioned dangerous goods into public places or public transport, and a major accident such as fire or explosion occurs, resulting in serious consequences, it is an imaginative joinder of offenses and should be punished as the crime of misfire or negligent explosion. The boundary between this crime and the crime of illegal possession, the crime of possessing guns and ammunition is the object of public security management, and there are also similarities in objective aspects. The main difference between them is that (1) the objective behavior is different. This crime is manifested as an act of illegally carrying guns, ammunition, controlled knives or explosive, flammable, radioactive, toxic and corrosive substances into public places or public transport, which endangers the safety of public places and has serious circumstances; The crime of illegal possession and possession of guns and ammunition is manifested as the act of illegal possession and possession of guns and ammunition in violation of the laws and regulations governing guns and ammunition. (2) The targets of crimes are different. The objects of this crime include guns, ammunition, controlled knives, explosive, flammable, radioactive, toxic and corrosive substances; The object of the crime of illegal possession and possession of guns and ammunition is limited to the crime of guns and ammunition, which is much narrower than the scope of this crime. (3) The accomplished forms are different. This crime is a dangerous crime, as long as there is danger of endangering public safety, it constitutes the accomplishment of this crime; The crime of illegal possession and the crime of possession of guns and ammunition are criminal acts. As long as the perpetrator commits the crime of illegal possession, private plating of guns and ammunition, it constitutes accomplishment. The boundary between this crime and the crime of illegally carrying weapons, controlling knives and explosives to participate in assemblies, processions and demonstrations; The crime of illegally carrying weapons, controlled knives and explosives to participate in assemblies, processions and demonstrations refers to the act of carrying weapons, controlled knives and explosives to participate in assemblies and demonstrations in violation of legal provisions. They are similar in objective behavior, but the difference is that (1) the infringed objects are different. The former is a crime of endangering public security, and the object of infringement is the life and health of unspecified majority and the safety of major public and private property; The latter is a crime of disturbing social management order, and the object of infringement is public order. (2) The targets of crimes are different. The criminal targets of the former are guns, ammunition, controlled knives, explosives, flammable, radioactive, toxic and corrosive substances; The latter's criminal targets are limited to weapons, controlled knives and explosives, and the scope is narrower than the former. (3) The crime place is different. The location of the previous crime must be a public place or public transport; The place where the latter commits a crime must be the place where the assembly, procession and demonstration are held. (4) The objective performance is different. The former is manifested in the act of illegally carrying dangerous goods into public places or public transport, endangering the safety of public places and having serious circumstances; The latter is manifested in illegally carrying weapons, controlling knives and explosives to participate in assemblies, processions and demonstrations. (5) The accomplished forms are different. The former is a dangerous crime, as long as there is danger of endangering public safety, it constitutes accomplished; The latter is a behavior crime, and once the behavior is implemented, it constitutes a completed behavior.