Law of the People's Republic of China on Control of Guns
0 
(Adopted at the 20th Meeting of the Standing Committee of the Eighth National People’s Congress on July 5, 1996 and promulgated by Order No.72 of the President of the People’s Republic of China on July 5, 1996)
Contents
Chapter I General Provisions
Chapter II Units and Individuals Allowed to Be Armed or Equipped with Guns
Chapter III Manufacture of Guns and Rationed Sale of Guns for Civilian Use
Chapter IV Everyday Control of Guns
Chapter V Transport of Guns
Chapter VI Entering and Leaving the Country with Guns
Chapter VII Legal Responsibility
Chapter VIII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the purpose of tightening control over guns, preserving public security and order and ensuring public safety.
Article 2 This Law applies to control of guns within the territory of the People’s Republic of China.
Where other regulations are formulated by the State Council and the Central Military Commission regarding control of guns with which the Chinese People’s Liberation Army, the Chinese People’s Armed Police Forces and the Militia are armed, those regulations shall apply.
Article 3 The State establishes strict control over guns. All units and individuals are prohibited to possess, manufacture (alter and assemble included), trade in, transport, lease or loan guns in violation of the provisions of laws.
The State shall severely punish any criminal act committed in violation of the control of guns. Every unit and individual has the obligation to inform against any violations against the control of guns. The State shall protect the informant and reward the persons who have rendered meritorious service by informing against criminal acts committed against the control of guns.
Article 4 The public security department under the State Council shall be in charge of control of guns throughout the country. Public security organs of the people’s governments at or above the county level shall be in charge of the control of guns in their administrative regions respectively. The public security organs of the people’s governments at higher levels shall exercise supervision over the control of guns by the public security organs of the people’s governments at lower levels.
Chapter II
Units and Individuals Allowed to Be Armed or Equipped with Guns
Article 5 People’s policemen of the public security organs, State security organs, prisons and institutions of reeducation through labour, judicial policemen of the People’s Courts and the People’s Procuratorates, people’s procurators who are charged with the task of investigation of cases, and customs coast guards may, when performing their functions pursuant to law and when it is definitely necessary for them to use guns, be armed with guns for the discharge of official duties.
Professional guards and escorts of the country’s important defence enterprises, banking institutions, storehouses and scientific research institutions may, when performing their tasks and when it is definitely necessary for them to use guns, be armed with guns for the discharge of official duties.
Specific measures for arming with guns for the discharge of official duties shall, in accordance with the principle of strict control, be formulated by the public security department under the State Council together with other State organs concerned and submitted to the State Council for approval before enforcement.
Article 6 The following units may be equipped with guns for civilian use:
(1) Sports units that are set up with the approval of the physical culture and sports administration department of the people’s government at the provincial level to engage specially in target shooting competitions and profit-making shooting ranges that are set up with the approval of the public security organ of the people’s government at the provincial level may be equipped with sports guns;
(2) Hunting grounds that are built with the approval of the forestry administration department of the people’s government at or above the provincial level may be equipped with hunting guns; and
(3) Units for protecting and raising wild animals and for conducting scientific research of such animals may, due to need of the work, be equipped with hunting guns and narcotic injection guns.
Hunters in hunting zones and herdsmen in pastoral areas may apply for equipment with guns. Hunting zones and pastoral areas shall be delineated by the people’s governments at the provincial level.
Specific measures for equipment with guns for civilian use shall, in adherence to the principle of strict control, be formulated by the public security department under the State Council and submitted to the State Council for approval before enforcement.
Article 7 Arming with guns for the discharge of official duties shall be subject to exclusive examination and approval by the public security department under the State Council.
When arming persons with guns for the discharge of official duties, the public security department under the State Council or the public security organ of a people’s government at the provincial level shall issue to them certificates permitting them to hold guns for the discharge of official duties.
Article 8 With regard to equipment with sports guns for a unit that is specially engaged in target shooting competition as a sport event, the competent administrative department for physical culture and sports under the State Council shall submit the matter to the public security department under the State Council for examination and approval. With regard to equipment with sports guns for profit-making shooting grounds, the matter shall be submitted by the public security organ of a people’s government at the provincial level to the public security department under the State Council for approval.
When equipping with sports guns, the public security organ of the people’s government at the provincial level shall issue certificates permitting the holding of guns for civilian use.
Article 9 To obtain hunting guns for a hunting ground, one must, by producing the document of approval issued by the competent forestry administration department of the people’s government at or above the provincial level, apply to the public security organ of such government for examination and approval, before the public security organ of the people’s government of a city divided into districts shall, after verification, issue a certificate for rationed purchase of guns for civilian use.
Article 10 To apply for equipment with hunting guns or narcotic injection guns, the units for protecting and raising wild animals or for conducting scientific research of such animals shall, by producing their hunting certificates or their special permits for hunting and capturing animals issued by the competent administrative department for wild animals of the local people’s government at the county level, as well as their business licenses, submit their application to the public security organ of the local people’s government at the county level. In the case of hunters who wish to apply for equipment with hanging guns, they shall, by producing their hunting certificates issued by the competent administrative department for wild animals of the local people’s government at the county level as well as their identification cards, submit their application to the public security organ of the local people’s government at the county level. In the case of herdsmen who wish to apply for equipment with hunting guns, they shall, by producing their identification cards, submit their application to the public security organ of the local people’s government at the county level.
After examining and approving the application it accepts, the public security organ shall report the matter to the public security organ of a city divided into districts for issue of a certificate for rationed purchase of guns for civilian use after verification.
Article 11 Units or individuals that are to conduct rationed purchase of hunting guns or narcotic injection guns must, within 30 days from the day they purchase the guns, apply to the public security organ that, after verification, issued to them the certificates for rationed purchase of guns for civilian use for issue of certificates permitting the holding of guns for civilian use.
Article 12 Guns for civilian use which profit-making shooting grounds and hunting grounds are equipped with may not be taken out of such grounds.
Hunting guns which hunters and herdsmen are equipped with may not be taken out of the hunting zones or the pastoral areas.
Chapter II
Manufacture of Guns and Rationed Sale of Guns for Civilian Use
Article 13 The State applies a special permit system governing the manufacture and rationed sale of guns. Without permission, no unit or individual may manufacture or trade in guns.
Article 14 Guns used for the discharge of official duties shall be manufactured by enterprises designated by the State.
Article 15 Enterprises that are to manufacture guns for civilian use shall be proposed by the relevant competent department under the State Council and determined by the public security department under the State Council.
Enterprises that are to engage in rationed sale of guns for civilian use shall be determined by the public security organ of a people’s government at the provincial level.
Enterprises that manufacture guns for civilian use shall be issued, after verification, by the public security department under the State Council certificates permitting manufacture of guns for civilian use. Enterprises that engage in rationed sale of guns for civilian use shall be issued, after verification, by the public security organ of a people’s government at the provincial level certificates permitting rationed sale of guns for civilian use.
The certificate permitting manufacture of guns for civilian use and the certificate permitting rationed sale of guns for civilian use shall be valid for a period of three years. Enterprises that need to continue manufacture or rationed sale of guns for civilian use at the expiration of the certificates, shall make another application for issue of such certificates.
Article 16 The State applies a quota system governing the number of guns for civilian use to be manufactured and rationed for sale.
The annual quota for manufacture of guns for civilian use shall be proposed by the relevant competent departments of forestry and physical culture and sports under the State Council and the public security organs of the people’s governments at the provincial level, and determined by the public security department under the State Council, which shall prepare the uniform serial numbers for such guns and allocate assignments to the enterprises manufacturing such guns.
The annual quota for rationed sale of guns for civilian use shall be proposed by the relevant competent departments of forestry and physical culture and sports under the State Council and the public security organs of the people’s governments at the provincial level, and determined by the public security department under the State Council, which shall allocate assignments to the enterprises engaged in rationed sale of such guns.
Article 17 Enterprises manufacturing guns for civilian use shall not turn out such guns in excess of the quota, all the guns they have manufactured shall be delivered to the enterprises designated for rationed sale of such guns and they shall not sell the guns themselves. Enterprises engaged in rationed sale of guns for civilian use shall, within the quota for rationed sale, sell such guns manufactured by the designated enterprises.
Article 18 An enterprise must manufacture guns for civilian use strictly in conformity with the technical standards set by the State, it shall not alter the performance or structure of such guns. It shall have its name, the coded variety of the gun and the serial number prepared uniformly by the public security department under the State Council typecast in the designated parts of the gun; it shall not manufacture guns for civilian use without a number or with a duplicate or false number.
Enterprises manufacturing guns for civilian use shall be kept under close control, and necessary security measures shall be taken to prevent loss of such guns or their parts or components.
Article 19 An enterprise engaged in rationed sale of guns for civilian use shall sell such guns after checking of the certificate of rationed purchase and strictly in accordance with the variety, type and number as stated in the certificate; the rationed sale of ammunition shall be conducted after checking of the certificate permitting the holding of guns. Enterprises engaged in rationed sale of guns for civilian use must, in accordance with the regulations of the public security department under the State Council, keep long-term account books for rationed sale for future examination.
Article 20 Public security organs shall conduct regular inspection of the manufacture, rationed sale, and storage and book-keeping of the enterprises that manufactures or engages in rationed sale of guns for civilian use; when necessary, they may send their men specially to stay at the manufacturing enterprises for the purpose of supervision and inspection.
Article 21 The relevant competent department under the State Council shall work together with the public security department under the State Council to arrange for development and finalizing the design of guns for civilian use.
Article 22 It is forbidden to manufacture and sell imitation guns.
Chapter IV
Everyday Control of Guns
Article 23 Units and individuals that are armed or equipped with guns must maintain the guns properly and ensure their safety.
Units that are armed or equipped with guns must explicitly define the responsibilities for control of guns, designate special persons to take charge of the guns, install strong facilities specially for keeping of the guns and have the guns and ammunition kept in separate places. With regard to guns for personal use, a strict control system must be established for registration, handing over, inspection and maintenance of the guns, and the guns must be taken back as soon as they are not to be used any more.
With regard to guns armed or equipped for personal use, effective measures must be taken strictly to prevent their being stolen, robbed or lost, as well as other accidents.
Article 24 Persons who use guns must know the performance of the guns, observe the relevant regulations governing the use of guns and guarantee that the guns are used lawfully and safely. Persons who use guns for the discharge of official duties must receive special training.
Article 25 Units and individuals that are armed or equipped with guns must observe the following provisions:
(1) When carrying guns, they must have with them the certificates permitting the holding of guns; otherwise their guns shall be seized by public security organs;
(2) They shall not carry guns in areas or places where it is prohibited to carry guns; and
(3) They shall report to public security organs once their guns are stolen, robbed or lost.
Article 26 When persons equipped with guns for the discharge of official duties no longer meet the qualifications for holding guns, the units where they belong shall take back the guns along with the certificates permitting the holding of guns.
When units or individuals equipped with guns for civilian use no longer meet the qualifications for holding guns, they must immediately hand over the guns along with the certificates permitting the holding of guns to the public security organs that issued the certificates after verification. The guns that are not handed over promptly shall be taken over by the public security organs.
Article 27 Guns that do not measure up to the technical standards of the State and that cannot be used safely shall be reported as useless. The units and individuals that are equipped with or hold guns shall hand over the useless guns along with the certificates permitting the holding of guns to the public security organs that issued the certificates after verification. The guns that are not handed over promptly shall be taken over by the public security organs. Useless guns shall be destroyed without delay.
Destruction of guns shall be arranged by public security organs of the people’s governments at the provincial level.
Article 28 The State applies an inspection system for guns. Units and individuals that hold guns shall undergo inspection at the time and place as designated by public security organs. When conducting inspection, the public security organs shall examine whether the units and individuals that hold the guns meet the qualifications as prescribed by this Law, and the condition and use of the guns. Guns that are used unlawfully, that are held by people who do not meet the qualifications for holding guns or that should be reported as useless must be taken over as well as the certificates permitting the holding of guns. Units or individuals that refuse to undergo inspection, their guns and their certificates permitting the holding of guns shall be taken over by public security organs.
Article 29 In case of special need for maintaining public security and order, public security organs of the local people’s governments at or above the county level may, with approval of the public security department under the State Council, take special control measures for guns lawfully armed or equipped in certain areas, such as concentrated preservation of the guns.
Chapter V
Transport of Guns
Article 30 No units or individuals may transport guns without permission. Any unit or individual that needs to transport guns must submit an application to the public security organ, in which the variety and number of the guns and the route and means of transport shall be truthfully stated, and must have a permit for transport of guns. If the guns are to be transported within a province, autonomous region or municipality directly under the Central Government, an application for issue of a permit for transport of guns shall be submitted to the public security organ of the people’s government of the city divided into districts under the jurisdiction of which is the place of delivery. If the guns are to be transported across provinces, autonomous regions or municipalities directly under the Central Government, an application for issue of a permit for transport of guns shall be submitted to the public security organ of the people’s government at the provincial level under the jurisdiction of which is the place of delivery.
Units and individuals that do not have permits for transport of guns shall not undertake transport of guns but shall report the matter immediately to the local public security organs.
The public security organs shall seize the guns that are transported without a permit for transport of guns or at variance with the particulars stated in the permit for transport of guns.
Article 31 Safe, reliable and closed transport facilities shall be used for transport of guns and the transport shall be escorted by professional people, as is required by regulations; where it is necessary to stop overnight on the way, the local public security organ must be informed of the matter.
Guns and ammunition must be transported separately, as is required by regulations.
Article 32 It is forbidden to mail guns or mail them in the midst of other postal materials.
Chapter VI
Entering and Leaving the Country with Guns
Article 33 The State exercises strict control over guns with which people enter or leave the country. Without permission, no unit or individual shall enter or leave the country with guns.
Article 34 If persons of foreign diplomatic missions or consulates are to enter the territory of China with guns, they must apply to the Ministry of Foreign Affairs of the People’s Republic of China for approval in advance; and if they are to leave China with guns, they shall present a note to the Ministry of Foreign Affairs of the People’s Republic of China and go through the relevant formalities in advance.
Guns brought into the territory of China in accordance with the provisions of the preceding paragraph shall not be carried out of the missions or consulates in China.
Article 35 When sports delegations of other countries enter China to take part in target shooting competitions or Chinese sports delegations leave China to take part in such competitions and thus need to take their sports guns along with them, they shall seek approval of the competent administrative department for physical culture and sports under the State Council.
Article 36 Persons, other than the ones mentioned in Article 34 and 35 of this Law, who are to enter or leave China with guns shall seek approval of the public security department under the State Council beforehand.
Article 37 When persons who have obtained approval of entering China with guns enter the country, they shall, by producing the documents of approval, go through registration procedure for the guns with the frontier inspection station at the place of entry, apply for the issue of certificate permitting the carrying of guns, and declare the guns to the Customs, which shall let them go after checking the certificates. After reaching their places of destination, they shall, by producing the certificates permitting the carrying of guns, apply to the public security organ of the people’s government of a city divided into districts in order to exchange their certificates permitting the carrying of guns for certificates permitting the holding of guns.
When persons who have obtained approval of leaving China with guns leave the country, they shall, by producing the documents of approval, declare the guns to the Customs at the place of departure, and the frontier inspection station shall let them go after checking the documents.
Article 38 When guns are carried by foreign means of transport into or through the territory of China, the persons who are responsible for the means of transport must apply to the frontier inspection station for sealing of the means of transport, which shall be unsealed at the time it leaves the country.
Chapter VII
Legal Responsibility
Article 39 Any unit or individual that, in violation of the provisions of this Law, manufactures, trades in or transports guns without permission shall be investigated for criminal responsibility in accordance with the provisions of Article 112 of the Criminal Law and of the Decision of the Standing Committee of the National People’s Congress Regarding Severe Punishment of Criminals Who Seriously Endanger Public Security.
The unit that commits any violations mentioned in the preceding paragraph shall be fined, and the persons who are directly in charge of the unit and other persons who are directly responsible for the violations shall be investigated for criminal responsibility in accordance with the provisions of Article 112 of the Criminal Law.
Article 40 If, in violation of the provisions of this Law, the enterprises designated or determined pursuant to law for manufacturing or selling guns commit any of the following acts, they shall be fined, and the persons who are directly in charge of the enterprises and other persons who are directly responsible for the act shall be investigated for criminal responsibility in accordance with the provisions of Article 112 of the Criminal Law; public security organs may order the enterprises to suspend operation for rectification or revoke the certificates permitting manufacture of guns or rationed sale of guns:
(1) to manufacture or sell guns in excess of the quota or at variance with the variety prescribed;
(2) to manufacture guns without numbers or with duplicate or false numbers; or
(3) to sell, without authorization, guns or sell guns in China that are manufactured for export.
Article 41 Whoever, in violation of the provisions of this Law, illegally possesses or conceals guns shall be investigated for criminal responsibility in accordance with the provisions of Article 163 of the Criminal Law.
Whoever illegally transports or carries guns into or out of the territory of China shall be investigated for criminal reasonability in accordance with the Supplementary Provisions of the Standing Committee of the National People’s Congress Concerning the Punishment of the Crimes of Smuggling.
Article 42 Whoever, when transporting guns, fails to use safe and reliable transport facilities, or send escorts, or separate the guns from ammunition, or report to the public security organ for stopping overnight on the way, if the violation is serious, shall be investigated for criminal reasonability by applying mutatis mutandis the provisions of Article 187 of the Criminal Law; if the violation does not constitute a crime, the person who is directly responsible for the violation shall be detained by the public security organ for not more than 15 days.
Article 43 Whoever, in violation of the regulations governing control of guns, leases or loans guns that are used for the discharge of official duties shall be punished by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.
If a unit commits an act mentioned in the preceding paragraph, the persons who are directly in charge of the unit and other persons who are directly responsible for the act shall be punished in accordance with the provisions of the preceding paragraph.
If, in violation of the regulations governing control of guns, a unit that is equipped with guns for civilian use leases or loans such guns and has thus led to grave consequences, or if other serious violations are involved, the persons who are directly in charge of the unit and other persons who are directly responsible for the violation shall be punished by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.
If, in violation of the regulations governing control of guns, an individual who is equipped with guns for civilian use, leases or loans such guns and has thus led to grave consequences, he shall be punished by applying mutatis mutandis the provisions of Article 163 of the criminal Law.
If, in violation of the regulations governing control of guns, a unit or individual leases or loans guns and if the violation is of a minor nature and does not constitute a crime, the public security organ shall detain for not more than 15 days the individual or the persons who are directly in charge of the unit and other persons who are directly responsible for the violation and may also impose a fine of not more than 5,000 yuan; and it shall confiscate the guns leased or loaned.
Article 44 If an individual or unit that, in violation of the provisions of this Law, commits any of the following acts, the public security organ shall serve a disciplinary warning on the individual or the persons who are directly in charge of the unit and other persons who are directly responsible for the violation or detain the individual or persons for not more than 15 days; if the violation constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(1) to manufacture guns for civilian use at variance with the prescribed technical standards;
(2) to carry guns in areas or places where it is forbidden to carry guns;
(3) to fail to hand over guns that are reported as useless;
(4) to fail to report immediately after guns are stolen, robbed or lost; or
(5) to manufacture or sell imitation guns.
If a person commits one of the acts mentioned in sub-paragraphs (1), (2), and (3), his guns shall be confiscated and he may also be fined not more than 5,000 yuan. If a person commits the act mentioned in sub-paragraph (5), the public security organ and the administrative department for industry and commerce shall, within the scope of their respective functions, confiscate the imitation guns and may also impose a fine of not more than five times the amount of money spent on their manufacture or earned from their sale; if the case is serious, the administrative department for industry and commerce shall revoke the person’s business license.
Article 45 If a member of the public security organ commits one of the following acts, he shall be investigated for criminal responsibility according to law; if the act does not constitute a crime, he shall be given an administrative sanction in accordance with law:
(1) to arm or equip with guns units or individuals other than the ones as prescribed in Articles 5 and 6 of this Law;
(2) to issue certificates for control of guns illegally;
(3) to take confiscated guns into his own possession; or
(4) to lead to bad consequences by failing to perform his duties for control of guns.
Chapter VIII
Supplementary Provisions
Article 46 For purposes of this Law, the word “guns” means the various kinds of guns that, with gunpowder or compressed gas as the propelling force and with a barrel for projecting metal bullets or other substances, can readily inflict injury upon people, cause death or render them unconscious.
Article 46 Units and individuals that facilitate recreational activities may be equipped with no greater than 4.5mm. pneumatic rifles. Specific measures of control in this regard shall be formulated by the public security department under the State Council.
Measures for control of guns used as props for production of films and television plays shall be formulated by the public security department under the State Council together with the radio, film and television administration department under the State Council.
Measures for control of guns preserved or displayed in museums, memorial halls and exhibition halls shall be formulated by the public security department under the State Council together with the relevant competent administrative department under the State Council.
Article 48 The relevant provisions of this Law apply to the manufacture, rationed sale and transport of the main parts or components of guns and of the ammunition for the guns.
Article 49 Certificates for control of guns shall be made by the public security department under the State Council.
Article 50 This Law shall go into effect as of October 1, 1996.
(Source: npc.gov.cn)
