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| Category | PUBLIC SECURITY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1996-07-05 | Effective Date | 1996-10-01 |
|
Law of the People's Republic of China on the Control of Firearms |
|---|
Chapter I General Provisions
Chapter II The Equipment with and Allocation of Firearms
Chapter III Manufacture of Firearms and Rationing of Civil-Use Firearms
Chapter IV Routine Control of Firearms
Chapter V Transportation of Firearms
Chapter VI Entry and Exit of Firearms
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions Article 1 This Law is formulated for the purposes of strengthening the Article 2 This Law shall apply to the control of firearms within the If the State Council or the Central Military Commission has special Article 3 The state shall strictly control firearms. All units and The state shall severely punish those committing illegal activities and Article 4 The department of public security of the State Council shall Article 5 The policemen in public security organs, state security Full-time guards and transport escorts with the state's important war The special measures for giving equipment with firearms for official use Article 6 Firearms for civil use may be allocated to the following (1) Units approved by the administrative department of physical culture (2) Hunting fields approved by the administrative department of forestry (3) Units engaging in the protection, breeding or scientific research of Huntsmen in hunting areas and herdsmen in pastoral areas may apply for The special measures for allocation of civil-use firearms shall be Article 7 Having firearms for official use shall be unifiedly examined With the granting of firearms for official use, a certificate for holding Article 8 The allocation of sports guns to units specializing in shooting With the allocation of sports guns, a certificate for holding civil-use Article 9 Applications by hunting fields for allocation of hunting Article 10 For applying for an allocation of hunting rifles or narcotic- After examination and approval by the public security organ handling the Article 11 Units and individuals making the ration purchase of hunting Article 12 Civil-use firearms allocated to shooting ranges or hunting Hunting rifles allocated to huntsmen or herdsmen may not be carried out Article 13 The state shall adopt a special licensing system to the Article 14 Official-use firearms shall be manufactured by the Article 15 Enterprises for manufacturing civil-use firearms shall be Enterprises for rationing out civil-use firearms shall be determined by A license for manufacturing civil-use firearms shall be issued by the The term of validity of license for either manufacturing or rationing out Article 16 The state shall make quota control on the quantity of civil- The annual quota for civil-use firearms to be manufactured shall be The annual quota for civil-use firearms to be rationed out shall be Article 17 Enterprises manufacturing civil-use firearms may not Article 18 Enterprises manufacturing civil-use firearms must manufacture Enterprises manufacturing civil-use firearms must adopt closed Article 19 The ration certificate must be checked when civil-use Article 20 Public security organs must conduct regular inspections on Article 21 The development and design-finalization of civil-use firearms Article 22 It is forbidden to make or sell imitations of genuine Article 23 Units and individuals equipped with firearms or those with Units equipped with firearms or those with the allocation of firearms must Effective measures must be taken to safeguard the firearms assigned to Article 24 Persons using firearms must grasp the performance of the Article 25 Units and individuals equipped with and those with the (1) Those carrying firearms must on the same time take along the (2) Firearms shall not be carried in regions or places where they are (3) In case of theft, forcible seizure or loss of firearms, a report must Article 26 When a person equipped with official-use firearms no longer Units and individuals with the allocation of civil-use firearms must, Article 27 Firearms that fail to meet the national technical standards The destruction of firearms shall be organized and carried out by the Article 28 The state shall adopt an inspection system for firearms. Article 29 For the special purpose of public order, local public Article 30 No unit or individual may transport firearms without No unit or individual may accept to transport firearms without a Public security organ shall detain the firearms if they are to be or Article 31 Firearms must be transported by safe and reliable closed Firearms and ammunition must be transported separately in accordance with Article 32 It is strictly forbidden to post firearms or put firearms Article 33 The state shall strictly control the entry and exit of Article 34 Personnel of foreign diplomatic and consular missions in Firearms carried into the country under the preceding paragraph may not Article 35 When there is a need for foreign sports delegations or Article 36 Persons other than those specified in Articles 34 and 35 of Article 37 Those who are permitted to carry firearms into the country Those who are permitted to take firearms out of the country shall make a Article 38 In the case of foreign conveyances carrying firearms entering Article 39 Anyone who violates the provisions of this Law and When a unit commits any of the acts mentioned in the preceding paragraph, Article 40 If any enterprise designated or determined to engage in (1) manufacture or ration out firearms in excess of quota or without (2) manufacture firearms which have no number or have an overlapping or (3) sell firearms without permission or sell within the territory of Article 41 Anyone who violates the provisions of this Law and illegally Those illegally transporting or carrying firearms into or out of the Article 42 In case that anyone in transporting firearms violates the Article 43 Anyone who violates firearm control regulations and hires out If a unit commits any of the acts mentioned in the preceding paragraph, If any unit with the allocation of civil-use firearms violates firearm Any individual with the allocation of civil-use firearms who violates If any individual or unit violates firearm control regulations and hires Article 44 If any individual or unit commits any of the following acts (1) manufacture civil-use firearms without according to the stipulated (2) carry firearms in regions or places where firearms are forbidden to (3) fail to turn over the scrapped firearms; (4) fail to make a timely report of the theft, forcible seizure or loss (5) manufacture or sell imitations of genuine firearms. In the case of any act mentioned in Items (1) to (3), the firearms Article 45 Anyone out of personnel of public security organs committing (1) equip or give allocation to units or individuals other than those (2) illegally issue firearms-related certifications; (3) appropriate confiscated firearms; or (4) fail to perform his duties of firearm control and cause consequences. Article 46 For the purpose of this Law, "firearms" means those which are Article 47 For the purpose of entertainment activities, units and The measures for control of plot guns for production of films or TV shows The measures for control of firearms kept or exhibited by museums, Article 48 The manufacture, rationing and transport of major components Article 49 Firearms-related certifications shall be made by the Article 50 This Law shall enter into force on October 1, 1996. Article 112 Whoever illegally manufactures, trades in or transports guns Article 163 Whoever, in violation of firearm control regulations, Article 187 Any state functionary who, because of neglect of duty, 1. Punishment above the maximum punishment stipulated in the Criminal ... (4) whoever illegally manufactures, trades in, transports, steals or ... 1. Whoever smuggles opium and other narcotics, weapons and ammunition, or
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Chapter I General Provisions
control of firearms, maintaining the public order and safeguarding the public
security.
territory of the People's Republic of China.
provisions concerning the control of firearms for the equipment of the
Chinese People's Liberation Army, Chinese People's Armed Police Force and the
Militia, those provisions shall prevail.
individuals shall be forbidden to hold, manufacture(doctor or assemble),
trade in, transport, hire out or lend out firearms in violation of the law.
criminal offenses breaking the firearm control regulations. All units and
individuals shall have the duty to inform relevant authorities against acts
violating the firearm control regulations. The state shall protect the
informers and give rewards to those having rendered great service in
informing against criminal offenses breaking the firearm control regulations.
take charge of the nationwide control of firearms. Public security organs
of local people's governments at and above the county level shall be
responsible for the control of firearms within their respective regions. The
public security organs of higher-level people's government shall supervise
the public security organs of the lower-level people's government with regard
to the control of firearms.
Chapter II The Equipment with and Allocation of Firearms
organs, prisons and reeducation-through-labor organs, judicial policemen of
people's courts, judicial policemen and procuratorial personnel who take on
the investigation of law cases in people's procuratorates and anti-contraband
personnel of the customs may be equipped with firearms for official use if it
is really necessary for them to carry firearms in performing their duties in
accordance with the law.
industrial, financial, storing and scientific research units may be equipped
with firearms for official use if it is really necessary for them to carry
firearms in performing their duties in guarding or escorting.
shall be formulated by the department of public security of the State Council
in conjunction with other relevant state organs on the principle of strict
control, and be implemented after submitted to and approved by the State
Council.
units:
and sports of the people's government at the provincial level to specialize in
shooting sports, and shooting ranges for commercial purpose approved by the
public security organs of the people's government at the provincial level may
have the allocation of sports guns;
of the people's government at or above the provincial level may have the
allocation of hunting rifles; and
wild animals may have the allocation of hunting rifles and narcotic-injection-
guns.
an allocation of hunting rifles. The territories of hunting areas and
pasturage areas shall be delimited by the people's government at the
provincial level.
formulated by the department of public security of the State Council on the
principle of strict control, and be implemented after submitted to and
approved by the State Council.
and approved by the department of public security of the State Council.
official-use firearms shall be issued by the department of public security of
the State Council or the public security organ of the people's government at
the provincial level.
sports shall be proposed by the administrative department of physical culture
and sports of the State Council and examined and approved by the department
of public security of the State Council. The allocation of sports guns to
shooting ranges for commercial purpose shall be submitted by the public
security organ of the people's government at the provincial level to the
department of public security of the State Council for approval.
firearms shall be issued by the public security organ of the people's
government at the provincial level.
rifles shall be submitted to the public security organ of the people's
government at or above the provincial level for approval against the approval
document issued by the administrative department of forestry of the people's
government at or above the provincial level and, with the approval of said
public security organ, the public security organ of the people's government
at the districted-city level shall issue a ration certificate for civil-use
firearms.
injection-guns, the unit engaging in the protection, breeding or scientific
research of wild animals shall submit the application to the local public
security organ of the people's government at the county level by producing
its business license and the hunting license or special permit for hunting
issued by the local administrative department for wild animals of the
people's government at the county level. Huntsmen applying for the allocation
of hunting rifles shall submit the application to the local public security
organ of the people's government at the county level by producing their
identity card and the hunting license issued by the local administrative
department for wild animals of the people's government at the county level.
Herdsmen applying for the allocation of hunting rifles shall submit the
application to the local public security organ of the people's government at
the county level by producing their identity card.
application, an application shall be submitted to the public security organ
of the people's government at the districted-city level for a ration
certificate for civil-use firearms.
rifles or narcotic-injection-guns must, within 30 days after the purchase,
apply to the public security organ issuing the ration certificate for civil-
use firearms for a certificate for holding civil-use firearms.
fields for commercial purpose may not be carried out of the said shooting
ranges or hunting fields.
of the hunting areas or pasturage areas.
Chapter III Manufacture of Firearms and Rationing of Civil-Use Firearms
manufacture and rationing of firearms. No unit or individual may manufacture
or trade in firearms without license.
enterprises designated by the state.
proposed by relevant departments of the State Council and determined by the
department of public security of the State Council.
the public security organ of the people's government at the provincial level.
department of public security of the State Council to the approved
manufacturing enterprise. A license for rationing out civil-use firearms
shall be issued by the public security organ of the people's government at
the provincial level to the approved rationing enterprise.
civil-use firearms shall be three years; if it is needed to continue the
manufacture or rationing of civil-use firearms when the period of validity
expires, an application shall be submitted for a fresh license.
use firearms manufactured and rationed out.
proposed by the administrative department of forestry, the physical culture
and sports and other relevant departments of the State Council and the public
security organ of the people's government at the provincial level, and
determined, unifiedly numbered and then allocated to the manufacturing
enterprises by the department of public security of the State Council.
proposed by the administrative department of forestry, physical culture and
sports and other relevant departments of the State Council and the public
security organ of the people's government at the provincial level, and
determined and allocated to the rationing enterprises by the department of
public security of the State Council.
manufacture civil-use firearms in excess of quota. They must deliver all the
firearms they have manufactured to the designated rationing enterprise and
may not sell the firearms by themselves. Enterprises rationing out civil-use
firearms shall, within the rationing quota, ration out the civil-use firearms
manufactured by the designated enterprise.
the firearms in strict accordance with the technical standards stipulated by
the state and may not make any changes in the performance or structure of the
civil-use firearms; they must on the designated position of the body of
firearms cast the name of manufacturer, the category code of the firearms and
the serial number unifiedly given by the department of public security of the
State Council and may not manufacture civil-use firearms which have no
number or have an overlapping or false number.
management, take safety and protective measures and prevent the loss of
civil-use firearms or their components.
firearms are rationed out. The civil-use firearms must be rationed out in
strict accordance with the category, type and quantity indicated in the
ration certificate. The certificate for holding firearms must be checked when
the ammunition is rationed out. Enterprises rationing out civil-use firearms
must, in accordance with the provisions of the department of public security
of the State Council, set up rationing account books and keep them
permanently for reference.
enterprises manufacturing or rationing out civil-use firearms with regard to
the situation of manufacturing, rationing, storing and the keeping of account
books and, when necessary, may send resident supervisors and inspectors to
the manufacturing enterprises.
shall be organized and carried out by relevant competent departments of the
State Council in conjunction with the department of public security of the
State Council.
firearms.
Chapter IV Routine Control of Firearms
the allocation of firearms must take care of the firearms and ensure the
safety of firearms.
clarify the responsibility for the care of firearms and put someone special
in charge. They shall have secure storing facilities and keep the firearms
and ammunition separately. In the case of firearms assigned to individuals,
the unit must establish a strict control system for the registration,
transfer, inspection and maintenance of the firearms, and the firearms
assigned to individuals must be called in as soon as their service has ended.
individuals from theft, forcible seizure, loss or other accidents.
firearms, abide by regulations concerning the use of firearms and guarantee a
legal and safe use of firearms. Persons using official-use firearms must
receive special training.
allocation of firearms must abide by the following provisions:
certificate for holding firearms, otherwise the public security organ may
detain the firearms;
forbidden to be carried; and
by delivered to the public security organ without delay.
meets the conditions for holding firearms, the relevant unit shall call in
the firearms and the certificate for holding firearms.
when they no longer meet the conditions for holding firearms, turn over in
good time the firearms together with the certificate for holding firearms to
the public security organ issuing the certificate; those which are not turned
over in good time shall be taken over by the public security organ.
and thus cannot be used safely shall be scrapped. Units and individuals
equipped with and those holding firearms shall turn over the scrapped firearms
together with the certificate for holding firearms to the public security
organ issuing the certificate; those which are not turned over in good time
shall be taken over the public security organ. Scrapped firearms shall be
destroyed without delay.
public security organ of the people's government at the provincial level.
Units and individuals holding firearms shall submit to inspection at the time
and place designated by the public security organ. When conducting
inspection, the people's security organ must make a strict examination as to
whether the unit or individual holding firearms meets the conditions
specified by this Law, and check on the condition and use of the firearms;
firearms being used illegally or held by those without stipulated conditions
or firearms which should be scrapped must be taken over together with the
certificate for holding firearms. If anyone refuses to submit to inspection,
their firearms and certificate for holding firearms shall be taken over by
the public security organ.
security organs of the people's government at and above the county level may,
with the approval of the department of public security of the State Council,
adopt special control measures such as concentrated management to firearms
lawfully provided or allocated to specific regions.
Chapter V Transportation of Firearms
permission. Those wishing to transport firearms must give a true report to
the public security organ with regard to the type and quantity of the
firearms and the route and method of transport, and apply for a
transport permit. In the case of transport within one province, autonomous
region or municipality directly under the central government, the transport
permit shall be applied for to and obtained from the public security
organ of the people's government at the districted-city level at the place of
the destination of the transport; in the case of transport involving two or
more provinces, autonomous regions or municipalities directly under the
central government, the transport permit shall be applied for to and obtained
from the public security organ of the people's government at the provincial
level at the place of the destination of the transport.
transport permit; moreover, they shall give timely report to the local
public security organ.
being transported without a transport permit or without abiding by the
stipulations by the permit.
conveyances and escorted by someone specially responsible in accordance with
regulations; when there is a need to stay overnight on the way of transport,
a report must be given to the local public security organ.
regulations.
into post parcels.
Chapter VI Entry and Exit of Firearms
firearms. No unit or individual may take firearms into or out of the country
without permission.
China who want to carry firearms into China must in advance report to the
Ministry of Foreign Affairs of the People's Republic of China for approval;
when taking firearms out of China, they shall present a prior note to the
Ministry of Foreign Affairs of the People's Republic of China and go through
necessary formalities.
be carried out of the residence of said resident missions.
Chinese sports delegations to carry firearms into or out of the country for
attending shooting sports competitions, it shall be subject to the approval
of the administrative department of physical culture and sports under the
State Council.
this Law shall be subject to the approval of the department of public
security of the State Council when they are to carry firearms into or out
of the country.
shall, against the permission document, handle registration for firearms with
the frontier inspection station at the place of entry, apply for a permit for
carrying firearms, and make a declaration to the customs, which shall give
customs clearance after examining the permit for carrying firearms; upon
arriving at the destination, they shall, against the permit for carrying
firearms apply for a certificate for holding firearms to the local public
security organ of the people's government at the districted-city level.
declaration to the customs at the place of exit by producing the permission
document; the frontier inspection station shall give release after examining
the permission document.
or passing through the country, the person in charge of the conveyance shall
make a declaration to the frontier inspection station, which shall seal up
the conveyance, or unseal it, if it is leaving the country.
Chapter VII Legal Responsibility
manufactures, trades in or transports firearms without being licensed shall
be investigated for criminal responsibility in accordance with the provisions
of Article 112 of the Criminal Law and the Decision of the Standing Committee
of the National People's Congress Regarding the Severe Punishment of
Criminals Who Seriously Endanger Public Security.
it shall be given a fine, and the person in charge directly responsible and
other person directly responsible shall be investigated for criminal
responsibility in accordance with the provisions of Article 112 of the
Criminal Law.
firearms manufacture or sales in accordance with the law commits any of the
following acts, it shall be given a fine, and the person in charge directly
responsible and other person directly responsible shall be investigated for
criminal responsibility in accordance with the provisions of Article 112 of
the Criminal Law; the public security organ may order the enterprise to
suspend business for rectification, or revoke its license for manufacturing
or rationing out firearms:
following the stipulated specifications;
false number; or
China firearms manufactured for export.
holds or secretly keeps firearms shall be investigated for criminal
responsibility in accordance with the provisions of Article 163 of the
Criminal Law.
country shall be investigated for criminal responsibility in accordance with
the provisions of the Supplementary Provisions of the Standing Committee of
the National People's Congress Concerning the Punishment of the Crimes of
Smuggling.
provisions of this Law and fails to use safe and reliable conveyances, fails
to send a person especially for escorting, fails to transport the firearms
and ammunition separately or fails to report to the public security organ
when staying overnight on the way of transport, if the circumstances are
serious, the offender shall be investigated for criminal responsibility by
applying mutatis mutandis the provisions of Article 187 of the Criminal Law;
if the offense does not constitute a crime, the person directly responsible
shall be given a detention up to 15 days by the public security organ.
or lends out official-use firearms shall be punished by applying mutatis
mutandis the provisions of Article 187 of the Criminal Law.
the person in charge directly responsible and other person directly
responsible shall be punished in accordance with the provisions of the
preceding paragraph.
control regulations and hires out or lends out firearms resulting in great
consequences or with other serious circumstances, the person in charge
directly responsible and other person directly responsible shall be punished
by applying mutatis mutandis the provisions of Article 187 of the Criminal
Law.
firearm control regulations and hires out or lends out firearms resulting in
great consequences shall be punished by applying mutatis mutandis the
provisions of Article 163 of the Criminal Law.
out or lends out firearms and if the violation is minor with no crime
constituted, the public security organ shall give a detention up to 15 days
to the individual or the person in charge directly responsible and other
person directly responsible, and may concurrently impose a fine up to 5,000
yuan; the firearms hired out or lent out shall be confiscated.
in violation of the provisions of this Law, the public security organ shall
give a warning or a detention up to 15 days to the individual or the person
in charge directly responsible and other person directly responsible; if a
crime is constituted, the offender shall be investigated for criminal
responsibility in accordance with the law:
technical standards;
be carried;
of firearms; or
concerned shall be confiscated and a fine up to 5,000 yuan may concurrently
be imposed; in the case of any act mentioned in Item (5), the public security
organ and the administrative department for industry and commerce shall, in
accordance with their respective functions and powers, confiscate the
imitations, and may concurrently impose a fine up to five times the
manufacture or sales amount and, if the circumstances are serious, the
administrative department for industry and commerce shall revoke the business
license.
any of the following acts shall be investigated for criminal responsibility;
if the case does not constitute a crime, a disciplinary sanction shall be
imposed:
specified in Articles 5 and 6 of this Law with or of firearms;
Chapter VIII Supplementary Provisions
driven by powder or compressed air, discharge metal shots or other substances
through a tube-shaped appliance and may cause deaths or injuries or losing of
consciousness.
individuals may have pneumatic guns or rifles with the caliber not exceeding
4.5mm. The special control measures therefor shall be formulated by the
department of public security of the State Council.
shall be formulated by the department of public security of the State Council
in conjunction with the administrative department for radio, film and
television of the State Council.
memorial halls and exhibition centers shall be formulated by the department
of public security of the State Council in conjunction with relevant
administrative departments of the State Council.
and parts of firearms and ammunition used for firearms shall apply relevant
provisions of this Law.
department of public security of the State Council.
Appendix: Relevant Provisions of Laws
Relevant Articles in the Criminal Law
or ammunition or steals or forcibly seizes the guns or ammunition of state
organs, members of the armed forces, the police or the people's militia shall
be sentenced to fixed-term imprisonment of not more than seven years; if the
circumstances are serious, the offender shall be sentenced to fixed-term
imprisonment of not less than seven years or life imprisonment.
secretly keeps firearms or ammunition and refuses to relinquish them shall
be sentenced to fixed-term imprisonment of not more than two years or
criminal detention.
causes public property or the interests of the state and the people to suffer
heavy losses shall be sentenced to fixed-term imprisonment of not more than
five years or criminal detention.
Relevant Provisions in the Decision of the Standing Committee of the
National People's Congress Regarding the Severe Punishment of Criminals Who
Seriously Endanger Public Security
Law, up to and including death sentences, may be inflicted on the following
criminals who seriously endanger public security:
forcibly seizes guns, ammunition or explosives, when the circumstances are
especially serious or when serious consequences are caused;
Relevant Provisions in the Supplementary Provisions of the Standing
Committee of the National People's Congress Concerning the Punishment of the
Crimes of Smuggling
counterfeit currency shall be sentenced to fixed-term imprisonment of not
less than seven years and shall concurrently be sentenced to a fine or
confiscation of property; if the circumstances are especially serious, the
offender shall be sentenced to life imprisonment or the death penalty and
shall concurrently be sentenced to confiscation of property; if the
circumstances are relatively minor, the offender shall be sentenced to
fixed-term imprisonment of not more than seven years and shall concurrently
be sentenced to a fine.
URL: http://www.asianlii.org/cn/legis/cen/laws/cof190