Gun control in China

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In the People's Republic of China, access by the general public to firearms is subject to some of the strictest control measures in the world. With the exception of individuals with hunting permits and some ethnic minorities, civilian firearm ownership is restricted to non-individual entities. [1]

Contents

Law enforcement, military, paramilitary, and security personnel are allowed to use firearms. [1] Police are to use issued pistols only to stop serious or dangerous crimes. [2]

Airsoft guns are practically prohibited in China, as muzzle energy limits classify them as real firearms. [3]

History

Rusted musket for defense against enemies inside a Hakka Fujian Tulou. Gun for defense.JPG
Rusted musket for defense against enemies inside a Hakka Fujian Tulou.

Gunpowder was invented in China more than a thousand years ago, [4] with the first definitive written record of chemical formulae found in the mid-11th century Song dynasty military compendium Wujing Zongyao , and the very earliest possible reference dating to the Eastern Han dynasty. During the Ming and Qing dynasties, matchlock muskets were used in China, and the Chinese used the term "bird-gun" (Chinese :鳥銃) to refer to muskets. [5]

From the founding of the People's Republic of China in 1949, until the death of Mao Zedong in 1976, policy towards firearm possession was often class-specific, with rural peasants and urban proletarians being allowed to own firearms and form militias, while those considered class-enemies, such as landlords, were disarmed entirely. [6] During the cultural revolution, PLA soldiers were tasked with training militiamen with a variety of weapons, including anti-tank guns. [7] One of the first formal regulations on firearms was introduced in 1957 by The Security Administration Punishment Act, which established government permission as a prerequisite for the purchase, production, and possession of firearms. [8] After the end of the cultural revolution, a new, formalized legal system was established as part of Deng Xiaoping's reform and modernization efforts; in 1979, The Criminal Law of the PRC, which included further regulations on firearms, was first promulgated. [9] It wasn't until 1996, one year after the Zhaodong Massacre, that civilian firearm possession and usage was further restricted to specific professions — hunters and competitive sport shooters in particular. [10] According to the Chinese police, up until 2006, an underground gun-trading triangle in Southwest China fed the Chinese gun market, with guns being manufactured in Songtao and trafficked into Xiushan and Huayuan before reaching a national distribution scale. [11]

According to official figures, from June to September 2006 (six-month crackdown) the Chinese authorities confiscated 178,000 illegal guns, 3,900 tons of explosives, 7.77 million detonators and 4.75 million bullets. [12] In 2007, a study released by the Geneva-based Graduate Institute of International and Development Studies estimated that around 40 million guns were owned by Chinese civilians, a gross over-estimation according to Chinese analysts. [11] Throughout the 2000s, The Wall Street Journal noted a rise of gun popularity in China. [4]

Specifications

In China, firearms can be used by law enforcement, the military and paramilitary, or security personnel protecting property of state importance (including the arms industry, financial institutions, storage of resources, and scientific research institutions). [1]

Civilian ownership of firearms is largely restricted to non-individual entities such as sporting organizations, hunting reserves, and wildlife protection, management and research organizations. The chief exception to the general ban for individual gun ownership is for the purpose of hunting. [1] Individuals who hold hunting permits can apply to purchase and hold firearms for the purpose of hunting. [13] Illegal possession or sale of firearms may result in a minimum punishment of 3 years in prison, and the penalty for a gun crime is death penalty. [12] [4]

Airsoft guns are also practically prohibited due to the Ministry of Public Security dictating very restrictive new criteria that rendered most such toy guns being defined as real firearms, [3] and violation may lead to a criminal conviction for illegal possession of firearms. [14] Official media has discussed potential dangers of imitation guns (Chinese :仿真枪). [15]

Special regions

Miao people

The possession of traditional smoothbore blackpowder muskets is allowed to some Miao hill people, the so-called Miao gun tribes, as an essential element of traditional dress and culture; [16] however, possession of gunpowder is regulated.

The Biasha (Basha) Miao people (Chinese :岜沙苗寨) living in Bingmei, Guizhou, claim they can legally possess guns, since they use them for their annual traditional performance. [11]

Hong Kong and Macau

Firearm ownership in the special administrative regions of Hong Kong and Macau is tightly controlled and possession is mainly in the hands of law enforcement, military, or private security firms (providing protection for jewelers and banks). Still, possessing, manufacturing, importing, or exporting airsoft guns with a muzzle energy not above 2 joules (1.5 ft⋅lbf) is legal to citizens in China's SARs.

Firearms control was inherited during British and Portuguese rule and more or less retained today. Under the Section 13 of Cap 238 Firearms and Ammunition Ordinance of the Hong Kong law, unrestricted firearms and ammunition requires a license. [17] Those found in possession without a license could be fined HKD$100,000 and imprisonment for up to 14 years. [18]

See also

Related Research Articles

Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Gun control typically restricts access to certain categories of firearms and limits the categories of persons who may be granted permission to access firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, each with different sets of requirements, privileges, and responsibilities.

Airsoft, also known as survival game in Japan where it was popular, is a team-based shooting game in which participants eliminate opposing players out of play by shooting them with spherical plastic projectiles shot from airsoft guns.

<span class="mw-page-title-main">Right to keep and bear arms</span> Right of citizens to possess weapons

The right to keep and bear arms is a legal right for people to possess weapons (arms) for the preservation of life, liberty, and property. The purpose of gun rights is for self-defense, as well as hunting and sporting activities. Countries that guarantee a right to keep and bear arms include Albania, Czech Republic, Guatemala, Ukraine, Mexico, the United States, Yemen, and Switzerland.

<span class="mw-page-title-main">Muzzle energy</span> Kinetic energy of a bullet

Muzzle energy is the kinetic energy of a bullet as it is expelled from the muzzle of a firearm. Without consideration of factors such as aerodynamics and gravity for the sake of comparison, muzzle energy is used as a rough indication of the destructive potential of a given firearm or cartridge. The heavier the bullet and especially the faster it moves, the higher its muzzle energy and the more damage it will do.

<span class="mw-page-title-main">Firearms regulation in Switzerland</span>

Firearms regulation in Switzerland allows the acquisition of semi-automatic, and – with a may-issue permit – fully automatic firearms, by Swiss citizens and foreigners with or without permanent residence. The laws pertaining to the acquisition of firearms in Switzerland are amongst the most liberal in the world. Swiss gun laws are primarily about the acquisition of arms, and not ownership. As such a license is not required to own a gun by itself, but a shall-issue permit is required to purchase most types of firearms. Bolt-action rifles do not require an acquisition permit, and can be acquired with just a background check. A reason for the acquisition of a firearm is required to be issued an acquisition permit for semi-automatics. Permits for concealed carrying in public are issued sparingly. The acquisition of fully automatic weapons, suppressors and target lasers requires special permits issued by the cantonal firearms office. Police use of hollow point ammunition is limited to special situations.

Firearms regulation in Mexico is governed by legislation which sets the legality by which members of the armed forces, law enforcement and private citizens may acquire, own, possess and carry firearms; covering rights and limitations to individuals—including hunting and shooting sport participants, property and personal protection personnel such as bodyguards, security officers, private security, and extending to VIPs.

In South Africa, the Firearms Control Act 60 of 2000 regulates the possession of firearms by civilians. Possession of a firearm is conditional on a competency test and several other factors, including background checking of the applicant, inspection of an owner's premises, and licensing of the weapon by the police introduced in July 2004. In 2010, the process was undergoing review, as the police were not able to timely process either competency certification, new licences or renewal of existing licences. Minimum waiting period used to exceed two years from date of application. The Central Firearms Registry implemented a turnaround strategy that has significantly improved the processing period of new licences. The maximum time allowed to process a licence application is now 90 days.

Airsoft is a sport in which players use airsoft guns to fire plastic projectiles at other players in order to eliminate them. Due to the often-realistic appearance of airsoft guns and their ability to fire projectiles at relatively high speeds, laws have been put in place in many countries to regulate both the sport of airsoft and the guns themselves. Safety regulations in many areas require an orange or red tip on the end of the barrel in order to distinguish the airsoft gun from a working firearm. They are officially classed as "soft air devices" or "air compressed toys", depending on the jurisdiction.

The gun laws of New Zealand are contained in the Arms Act 1983 statute, which includes multiple amendments including those that were passed subsequent to the 1990 Aramoana massacre and the 2019 Christchurch mosque shootings.

In Germany, access to guns is controlled by the German Weapons Act, which adheres to the European Firearms Directive and was first enacted in 1972, and superseded by the law of 2003. This federal statute regulates the handling of firearms and ammunition as well as acquisition, storage, commerce and maintenance of firearms.

This is a list of laws concerning air guns by country.

Criminal possession of a weapon is the unlawful possession of a weapon by an individual. It may also be an additional crime if a violent offense was committed with a deadly weapon or firearm.

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Firearms in Thailand refers to the number and types of firearms in the country in civilian (unofficial) hands and the laws and societal norms that govern their possession and use.

Gun law in the Philippines is regulated by the Firearms and Explosives Division of the Philippine National Police. In order to possess a firearm in the Philippines, a person must be at a minimum age of 18 years and pass a background check to be issued a Possession License. They must also take a firearms training and safety course. Any history of mental illnesses or domestic violence within the individual or the family will cause an applicant to have their request rejected.

During the Russian Civil War, the Soviet government allowed a variety of small arms and bladed weapons. The government had made it a point to "arm the working people", but also of disarming the exploiting classes, in the Declaration of the Rights of Working and Exploited People in January 1918.

<span class="mw-page-title-main">Gel blaster</span> Toy gun that fires soft polymer beads

A gel ball blaster, also known as a gel gun, gel shooter, gel marker, hydro marker, hydro blaster, water bead blaster or gelsoft, is a toy gun similar in design to airsoft guns, but the projectiles they shoot are 7–8 mm superabsorbent polymer water beads, which are often sold commercially as moisture retainers for gardening and pot/vase floriculture.

Polish law allows modern firearms ownership on a general shall-issue basis under police-issued permit for people who provide an important reason. Hunting, sport shooting, training and collecting are the most popular reasons and require membership in suitable organizations. Self-defense permits for civilians are chief exceptions to the rule, where a may-issue based permit is required. Antique black powder firearms or their replicas and most air guns are available without a permit. Firearm owners are subject to mental health and domestic violence confiscation laws resembling U.S red flag laws.

Uruguayan law allows firearm possession on shall-issue basis. With approximately 35 civilian firearms per 100 people, Uruguay is the eighth most armed country in the world and most armed in Latin America.

<span class="mw-page-title-main">Comprehensive Firearms and Ammunition Regulation Act</span>

The Comprehensive Firearms and Ammunition Regulation Act, officially recorded as Republic Act No. 10591, is a consolidation of Senate Bill No. 3397 and House Bill No. 5484. It was enacted and passed by the Senate of the Philippines and the House of Representatives of the Philippines on February 4, 2013, and February 5, 2013, respectively. It was signed into law by President Benigno Aquino III on May 29, 2013.

References

  1. 1 2 3 4 "中华人民共和国枪支管理法 (Firearm Administration Law of the People's Republic of China)". Archived from the original on 2017-05-01. Retrieved 2012-12-16.
  2. ↑ "中华人民共和国人民警察使用警械和武器条例" [Code of Conduct Regarding the use of Gear and Weapons by the Civilian Police of the People's Republic of China](PDF). 1996-01-16. Archived from the original (PDF) on May 25, 2022.
  3. 1 2 ""Public Security Bureau notice of "Recognized standard of an imitation gun"" (Legal issues in airsoft". 2008-02-22. Archived from the original on April 17, 2023.
  4. 1 2 3 James T. Areddy, Staring Down the Barrel: the Rise of Guns in China, Wsj.com, 14 October 2008 (accessed on 18 August 2019) (Archive)
  5. ↑ Kenneth Warren Chase (7 July 2003). Firearms: A Global History to 1700. Cambridge University Press. p. 144. ISBN   978-0-521-82274-9.
  6. ↑ Duan, Lei (2017). The Prism of Violence: Private Gun Ownership in Modern China, 1860-1949. Syracuse University.
  7. ↑ Ivens, Joris. "How Yukong Moved the Mountains".{{cite web}}: Missing or empty |url= (help)
  8. ↑ Cohen, Jerome (January 1, 1968). The Criminal Process in the People's Republic of China, 1949-1963: An Introduction. Harvard University Press. ISBN   978-0674176508.
  9. ↑ "Criminal Law of the People's Republic of China". Law Info China. Retrieved 19 May 2024.
  10. ↑ "Law of the People's Republic of China on Control of Guns Revised". PKU Law. Retrieved 19 May 2024.
  11. 1 2 3 Hu Yinan, Writing on the wall for guns, Chinadaily.com, 18 August 2010 (18 August 2019) (Archive)
  12. 1 2 Zhu Zhe, China reiterates stance on gun control, Chinadaily.com, 21 April 2007 (accessed on 18 August 2019)(Archive)
  13. ↑ "中华人民共和国猎枪弹具管理办法 (Hunting Firearm, Ammunition and Equipment Administration Regulation of the People's Republic of China)". Archived from the original on 2016-03-04. Retrieved 2012-12-16.
  14. ↑ Lee, Jason (23 August 2013). "Why did they destroy 320,000 plastic toy guns?". Plastic News. Archived from the original on April 17, 2023.
  15. ↑ 张子扬 (2020-09-11). "公安部等部门部署开展打击整治网售仿真枪违法犯罪专项行动" [China News Online: The Ministry of Public Security and Other Departments have Deployed a Special Campaign to Crack Down on Illegal Online Sales of Imitation Guns. By Zhang Ziyang]. 中国新闻网. Archived from the original on January 26, 2021. Retrieved 2020-11-09.
  16. ↑ Lee, Jason (23 August 2013). "China's Last Armed Village". Reuters . Archived from the original on March 8, 2023.
  17. ↑ "Do not carry restricted items in Hong Kong". Archived from the original on November 21, 2022. Retrieved 26 March 2016.
  18. ↑ "CAP 238 FIREARMS AND AMMUNITION ORDINANCE s 13 Possession of arms or ammunition without license". Archived from the original on April 19, 2023. Retrieved 26 March 2016.
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