中华人民共和国猎枪弹具管理办法 MEASURES OF THE PEOPLES REPUBLIC OF CHINA FOR THE CONTROL OF HUNTING RIFLES AND AMMU
2009-03-24 法律英语 来源:互联网 作者: ℃Chapter IV The Use
Article 19 The firearm-carrying personnel for hunting shall carry with them the firearm license and special hunting and capture permit or hunting permit.
Article 20 The units and individuals concerned shall carefully keep and use hunting rifles and ammunition, prevent their loss and theft or the occurrence of other accidents. If there occurs the loss or the theft of hunting rifles or ammunition, it shall be reported immediately to the public security organ of the local city or county.
Article 21 The hunting rifles and ammunition held by individuals must not be borrowed or rented out. If units need to borrow or rent hunting rifles between themselves, it shall be approved by the competent departments of wildlife administration and the public security organs of the people's governments of the cities or counties of both sides.
Article 22 To present as a gift or transfer hunting rifles and ammunition must be approved by the competent departments of wildlife administration and the public security organs of the people's governments of the cities or counties of both the presenter and the receiver or the transferor and the transferee; the presenter or the transferor shall also go through the procedure of changing the firearms license.
Article 23 Those who receive hunting rifles and ammunition presented as a gift or transferred by aliens shall be examined and agreed by the public security organ of the city or county, get the firearm license and, for the record, report to the competent department of wildlife administration at the same level.
Article 24 The State puts into effect the system of inspection and disuse of hunting rifles. If
hunting rifles held by units and individuals are declared as useless after inspection, the special hunting and capture permit or hunting permit shall be handed in for cancellation to the competent department of wildlife administration of the people's government of the local city or county; the firearm license shall be handed in for cancellation to the public security organ, the hunting rifles shall be discarded by the public security organ according to the regulations.
Chapter V The Transport
Article 25 Those who transport hunting rifles and ammunition shall apply to the public security organ of the relevant city or county through which they travel for a transport permit; on their arrival at the destination, they shall register at the public security organ of the local city or county or apply for a firearms license according to the measures listed in this circular.
The public security organ which issues the purchasing permit of hunting rifles and ammunition can accordingly issue the transport permit simultaneously.
Article 26 Those who carry hunting rifles and ammunition out of the city or county shall apply to the local public security of the local city or county, and get their transport permit with their special hunting and capture permit or hunting permit and their firearms license.
Article 27 As for those aliens who come inside the border of the People's Republic of China for hunting and need to carry their own hunting rifles and ammunition, the host unit shall apply beforehand for examination and agreement to the competent department of forestry administration and the public security organ of the people's government of the province, autonomous region or municipality directly under the Central Government; the aliens shall declare at customs on their entry into the country, and the frontier inspection station shall issue the transport permit after examination and verification according to the document of approval; the host unit shall take charge of keeping the hunting rifles and ammunition after their entry.
Aliens carrying hunting rifles and ammunition across the border must apply to public security for a transport permit, declare at the customs on their exit from the country and hand in their transport permit to the frontier inspection station at the local exit.
Article 28 The transport enterprises of railway, communication and civil aviation can deal with the procedure for shipping hunting rifles and ammunition by the transport permit.
It is strictly forbidden for passengers to carry with them hunting rifles and ammunition on civil airliners, passenger ships and trains.
Chapter VI Regulations of Penalty
Article 29 Those who violate the regulations of these Measures with one of the following deeds which are not classified as calling for criminal penalties but enough for administrative penalties for public security shall be dealt with by the public security organ according to the “Regulations of the People's Republic of China on Administrative Penalties for Public Security”。
(1) To produce hunting rifles and ammunition without permission;
(2) To produce hunting rifles and ammunition not of the type stipulated or beyond the production quota allotted;
(3) To produce, remake or assemble hunting rifles by individuals;
(4) To manage the sale of hunting rifles and ammunition or to be involved in the illegal dealing of hunting rifles and ammunition;
(5) To illegally transport or carry hunting rifles and ammunition;
(6) To illegally hold, use, store, conceal, rent, borrow, present as a gift or transfer hunting rifles and ammunition.
Those who are involved in one of the above-mentioned deeds which constitute a crime should be investigated for their responsibility for the crime according to law.
Article 30 If the enterprise producing hunting rifles and amm
unition fails to produce hunting rifles and ammunition in the light of the regulations, the competent department of the forestry administration of the State Council or the unit which it has entrusted can order the enterprise to stop production for rectification or revoke the document which granted the enterprise the qualification for the production, according to the seriousness of the case.
If the enterprise managing the sale of hunting rifles and ammunition fails to sell hunting rifles and ammunition according to the regulations, the public security organ can order the enterprise to stop business for rectification or revoke the sales permit, based on the seriousness of the case accordingly.
Article 31 If the party concerned refuses to accept the administrative penalty as final, the party can apply for are consideration or start legal proceedings. If the party concerned fails to apply for a reconsideration or start legal proceedings within the limited time yet refuses to accept the penalty, the unit which has made the decision shall apply to the People's Court to carry it out by force or carry out the decision itself by force, according to law.
Article 32 If the employees of the competent department of wildlife administration or the public security organ violate the regulations of these Measures, granting the amount of hunting rifles and ammunition for purchase beyond the annual quota of sale or issuing the purchase permits or transport permits of hunting rifles and ammunition beyond the amount of hunting rifles and ammunition authorized for sale, or are engaged in other activities of abusing power, dereliction of duty, malpractice for personal interests, their unit or the higher authorities shall impose the penalty required; if their activity constitutes a crime, they shall be investigated for their criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 33 The import and export of hunting rifles and ammunition and the administration of the hunting rifles and ammunition used in target-shooting sports shall follow the related regulations issued by the State.
Article 34 These Measures shall be interpreted by the competent department of forestry administration of the State Council and the department of public security.
Article 35 These Measures shall become effective on March 1, 1994
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