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中华人民共和国枪支管理法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE CONTROL OF FIREARMS

2009-03-24 法律英语 来源:互联网 作者:

(Adopted at the 20th Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1996, promulgated by Order No. 72 of the President of the People's Republic of China on July 5, 1996)
颁布日期:19960705  实施日期:19961001  颁布单位:全国人大常委会

  Contents

  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

  Chapter I General Provisions

  Article 1 This Law is formulated for the purposes of strengthening the control of firearms, maintaining the public orderand safeguarding the public security.

  Article 2 This Law shall apply to the control of firearms within the territory of the People's Republic of China.

  If the State Council or the Central Military Commission has special provisions concerning the control of firearms forthe equipment of the Chinese People's Liberation Army, Chinese People's Armed Police Force and the Militia, thoseprovisions shall prevail.

  Article 3 The state shall strictly control firearms. All units and individuals shall be forbidden to hold, manufacture(doctor or assemble), tradein, transport, hire out or lend out firearms in violation of the law.

  The state shall severely punish those committing illegal activities and criminal offenses breaking the firearm controlregulations. 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.

  Article 4 The department of public security of the State Council shall 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

  Article 5 The policemen in public security organs, state security 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.

  Full-time guards and transport escorts with the state's important war 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.

  The special measures for giving equipment with firearms for official use 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.

  Article 6 Firearms for civil use may be allocated to the following units:

  (1) Units approved by the administrative department of physical culture 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;

  (2) Hunting fields approved by the administrative department of forestry of the people's government at or above the provincial level may have the allocation of hunting rifles; and

  (3) Units engaging in the protection, breeding or scientific research of wild animals may have the allocation of hunting rifles and narcotic-injection guns.

  Huntsmen in hunting areas and herdsmen in pastoral areas may apply for 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. The special measures for allocation of civil-use firearms shall be 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.

  Article 7 Having firearms for official use shall be unifiedly examined and approved by the department of public security of the State Council.

  With the granting of firearms for official use, a certificate for holding 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.

  Article 8 The allocation of sports guns to units specializing in shooting 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.

  With the allocation of sports guns, a certificate for holding civil-use firearms shall be issued by the public security organ of the people's government at the provincial level.

  Article 9 Applications by hunting fields for allocation of hunting 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.

  Article 10 For applying for an allocation of hunting rifles or narcotic 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.

  After examination and approval by the public security organ handling the 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.

  Article 11 Units and individuals making the ration purchase of hunting 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.

  Article 12 Civil-use firearms allocated to shooting ranges or hunting fields for commercial purpose may not be carried out of the said shooting ranges or hunting fields.

  Hunting rifles allocated to huntsmen or herdsmen may not be carried out of the hunting areas or pasturage areas.

  Chapter III Manufacture of Firearms and Rationing of Civil-Use Firearms

  Article 13 The state shall adopt a special licensing system to the manufacture and rationing of firearms. No unit or individual may manufacture or trade in firearms without license.

  Article 14 Official-use firearms shall be manufactured by the enterprises designated by the state.

  Article 15 Enterprises for manufacturing civil-use firearms shall be proposed by relevant departments of the State Council and determined by the department of public security of the State Council.

  Enterprises for rationing out civil-use firearms shall be determined by the public security organ of the people's government at the provincial level.

  A license for manufacturing civil-use firearms shall be issued by the 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.

  The term of validity of license for either manufacturing or rationing out 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

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