The crime of illegally manufacturing firearms is a crime that China's judicial organs have severely cracked down, but under the crackdown and strict control, some people still buy and assemble guns without permission because of their own interests and hobbies, and many people do not have a clear understanding of the act of assembling nail guns, and in fact they have violated the law. Recently, the Yuanmou County Court heard a case of illegal manufacturing of firearms.
Case review
In November 2020, defendant Zhong brought back a nail shooter for nailing from the construction site where he worked, and then Zhong welded a thin steel pipe in front of the handle, and added a wooden butt behind the handle, which was converted into a firearm and used to fight birds many times.
On April 19, 2023, the police of a police station inspected Zhong's home with an inspection certificate and found a suspected firearm, 40 nail bullets and 70 homemade bullets in Zhong's bedroom, and the police immediately seized the suspected gun, 40 nail bullets and 70 homemade bullets. According to the appraisal of the Prefecture Public Security Judicial Appraisal Center, the suspected guns seized from Zhong's house were non-standard guns that fired projectiles powered by gunpowder burning, and were lethal.
After trial, the Yuanmou County Court found that the defendant Zhong's illegal manufacture of firearms constituted the crime of illegally manufacturing firearms, and sentenced the defendant Zhong to the crime of illegally manufacturing firearms in accordance with the law, and was sentenced to three years imprisonment with a four-year probation.
What the judge saidNail gun, also known as nail shooter, is a commonly used tool in decoration, is the use of gunpowder gas generated by firing empty shells as power, the nail into the building tool, conventional nail shooter does not belong to the controlled items, can circulate freely. However, nail guns are easy to be modified, and modified guns are special dangerous items with great lethality, and once they get out of control, they may become a tool for criminals to commit crimes, posing a threat to social stability and the safety of people's lives and property. Out of personal desires, Zhong violated the law by converting the nail shooter into a non-standard firearm powered by gunpowder.
Links to legal provisions
Article 125 of the Criminal LawWhoever illegally manufactures, buys, sells, transports, mails, or stores firearms, ammunition, or ** items shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;where the circumstances are serious, the sentence is 10 or more years imprisonment, life imprisonment, or death.
Article 128Whoever violates firearms regulations by illegally possessing or secretly possessing firearms or ammunition shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release;where the circumstances are serious, the sentence is between three and seven years imprisonment.
Article 46 of the Firearms Control ActThe definition of "firearms" is clarified, and it is clarified that "the term "firearms" as used in this Law refers to all kinds of firearms that use gunpowder or compressed gas as the power and use tubular instruments to fire metal projectiles or other substances, which are sufficient to cause a person to lose consciousness or consciousness. At the same time, Article 4 of the law stipulates that the management of firearms shall be under the supervision of the public security organs.
Judge remindsFirearms, ammunition, and items are dangerous goods that may seriously endanger public safety, social security, and the safety of people's lives and property, and China implements a strict management policy for them, prohibiting any unit or individual from illegally manufacturing, trading, transporting, mailing, storing, and possessing. Anyone who illegally manufactures, trades, transports, mails, stores, possesses, or secretly possesses one or more military firearms, or illegally manufactures, trades, transports, mails, stores, possesses, or secretly possesses one or more non-military firearms that are powered by gunpowder to fire bullets, or two or more other non-military firearms powered by compressed gas, etc., shall constitute a crime.
Therefore, there should be boundaries for one's own selfish desires, and the law will always be the bottom line. We must not illegally manufacture guns because of hobbies and selfish desires, as this will not only bring huge security risks to the masses of the people, but will also bring prison to ourselves.
Source: Prefecture Intermediate Court, Yuanmou County Court.