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

of the People's Republic of China and go through necessary formalities.

　　Firearms carried into the country under the preceding paragraph may not be carried out of the residence of said resident missions.

　　Article 35 When there is a need for foreign sports delegations or 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.

　　Article 36 Persons other than those specified in Articles 34 and 35 of 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.

　　Article 37 Those who are permitted to carry firearms into 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.

　　Those who are permitted to take firearms out of the country shall make a 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.

　　Article 38 In the case of foreign conveyances carrying firearms entering 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

　　Article 39 Anyone who violates the provisions of this Law and 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.

　　When a unit commits any of the acts mentioned in the preceding paragraph， 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.

　　Article 40 If any enterprise designated or determined to engage in 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：

　　（1） manufacture or ration out firearms in excess of quota or without following the stipulated specifications；

　　（2） manufacture firearms which have no number or have an overlapping or false number； or

　　（3） sell firearms without permission or sell within the territory of China firearms manufactured for export.

　　Article 41 Anyone who violates the provisions of this Law and illegally holds or secretly keeps firearms shall be investigated for criminal responsibility in accordance with the provisions of Article 163 of the Criminal Law.

　　Those illegally transporting or carrying firearms into or out of the 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.

　　Article 42 In case that anyone in transporting firearms violates the provisions of this Law and fails to use safe and reliable con

veyances， 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.

　　Article 43 Anyone who violates firearm control regulations and hires out or lends out official-use firearms shall be punished by applying mutatis mutandis the provisions of Article 187 of the Criminal Law.

　　If a unit commits any of the acts mentioned in the preceding paragraph， the person in charge directly responsible and other person directly responsible shall be punished in accordance with the provisions of the preceding paragraph.

　　If any unit with the allocation of civil-use firearms violates firearm 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.

　　Any individual with the allocation of civil-use firearms who violates 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.

　　If any individual or unit violates firearm control regulations and hires 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.

　　Article 44 If any individual or unit commits any of the following acts 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： （1） manufacture civil-use firearms without according to the stipulated technical standards；

　　（2） carry firearms in regions or places where firearms are forbidden to be carried；

　　（3） fail to turn over the scrapped firearms；

　　（4） fail to make a timely report of the theft， forcible seizure or loss of firearms； or

　　（5） manufacture or sell imitations of genuine firearms.

　　In the case of any act mentioned in Items （1） to （3）， the firearms 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.

　　Article 45 Anyone out of personnel of public security organs committing 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：

　　（1） equip or give allocation to units or individuals other than those specified in Articles 5 and 6 of this Law with or of firearms；

　　（2） illegally issue firearms-related certifications；

　　（3） appropriate con

fiscated firearms； or

　　（4） fail to perform his duties of firearm control and cause consequences.

　　Chapter VIII Supplementary Provisions

　　Article 46 For the purpose of this Law， “firearms” means those which are 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.

　　Article 47 For the purpose of entertainment activities， units and individuals may have pneumatic guns or rifles with the caliber not exceeding 4.5 mm. The special control measures therefor shall be formulated by the department of public security of the State Council.

　　The measures for control of plot guns for production of films or TV shows 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.

　　The measures for control of firearms kept or exhibited by museums， 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.

　　Article 48 The manufacture， rationing and transport of major components and parts of firearms and ammunition used for firearms shall apply relevant provisions of this Law.

　　Article 49 Firearms-related certifications shall be made by the department of public security of the State Council.

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