MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE CONTROL OFFIREARMS
MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE CONTROL OFFIREARMS
Important Notice:
This English document is coming from "LAWS AND REGULATIONS OF THE
PEOPLE'S REPUBLIC OF CHINA GOVERNING FOREIGN-RELATED MATTERS" (1991.7)
which is compiled by the Brueau of Legislative Affairs of the State
Council of the People's Republic of China, and is published by the China
Legal System Publishing House.
In case of discrepancy, the original version in Chinese shall prevail.
Whole Document
MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE CONTROL OF
FIREARMS
(Approved by the State Council on January 5, 1981, and promulgated
by the Ministry of Public Security on April 25, 1981)
Article 1
These Measures are formulated to maintain public order, to safeguard
public security, and to prevent criminals from using firearms to commit
sabotage.
Article 2
The term firearms (including the ammunition used with these firearms), as
mentioned in these Measures, refers to the following firearms which belong
to the non-military system: pistols, rifles, and submachine guns and
machine guns for military use; various firearms for target shooting
sports; rifles, shot-gun, and powder-gun for hunting; injection-gun for
applying anesthesia on animals; and air-guns for discharging pellets. The
military firearms used for fitting out the People's Liberation Army, the
militia and the People's Armed Police Force shall be controlled in
accordance with the pertinent provisions of the army and militia system.
Carrying and Allocation of Firearms
Article 3
The following personnel may carry firearms:
(1) personnel working in the people's courts, the people's procuratorates,
and the public security organs who are required to carry firearms for
discharging their duties;
(2) party and government leading cadres working in the border areas,
coastal defence areas, and other remote areas who have the necessity, as
deemed by the people's governments of the provinces and autonomous
regions, to carry firearms;
(3) confidential couriers working in the Party and government departments
at or above the provincial level, and confidential messengers working in
the county or municipal Party and government departments in the border
areas or in post and telecommunications departments who have the necessity
to carry firearms;
(4) personnel working in the Customs who are required to carry firearms to
discharge their duties;
(5) guards and transport escorts working in war industries.
Article 4
Firearms for official use may be allocated to the following units:
(1) the security sections of factories and mines, enterprises, government
departments, schools and universities, research institutions, that have
the necessity to be fitted out with firearms;
(2) important financial and banking units and important warehouses, radio
stations, and research institutions which are located in remote area
without armed guards that have the necessity to be fitted out with
firearms;
(3) geological prospecting teams and survey and drawing teams that work in
remote areas or at sea, that have the necessity to be fitted out with
firearms;
(4) coastal and ocean-going passenger-liners, freighters and oil tankers
and other operation vessels operating on the sea;
(5) civil airports and civil air-liners that have the necessity to be
fitted out with firearms.
Article 5
Sports guns may be allocated to sports committees at or above the county
level that promote target-shooting sports.
Article 6
Personnel and units engaged in hunting as their specialized line of
production may carry or be allocated with hunting rifles. As regards the
non-professional hunting personnel, only citizens aged eighteen or over
may keep hunting rifles, and each can keep no more than two hunting
rifles.
Article 7
Injection-guns may be allocated to such units as hunting production units,
scientific research and teaching units, wild animal breeding and livestock
farms, and veterinary hospitals that have the necessity to apply
anesthesia on animals.
Article 8
Film studios, in order to meet the needs of film production, may purchase
old and obsolete firearms as stage properties. With the exception of just
a small number of firearms used for creating special stage effects, all
firearms must undergo technical treatment so that they can no longer be
used for discharging live ammunition.
Manufacture and Purchase of Firearms
Article 9
Various kinds of firearms shall be manufactured and repaired by factories
designated by the State only; no units and individuals may manufacture,
repair or assemble firearms without authorization.
Article 10
For the purchase of military firearms, the purchasing units shall submit
to the local public security organs a report listing such details as the
categories of firearms to be purchased, their quantities, uses, and scope
of carrying and allocation. After obtaining the approval, they shall apply
to the department designated by the State for appropriations.
The purchase of various categories of firearms for target-shooting sports
shall be approved by the sports committee at a higher level and have the
consent of and the purchase permit granted by the county or municipal
bureau of public security at the place where the purchasing units are
located: only with the purchase permit may a purchasing unit make
purchases of firearms at the department designated by the State. The
purchase of hunting rifles and injection-guns shall be approved by the
competent forestry department at the county level or higher and have the
consent of and the purchase permit granted by the public security organ;
only with the purchase permit, may a purchasing unit make purchases at the
department designated by the State. The distributors of hunting rifles
shall go through the procedures of registration at the public security
organ at the county or municipal level or higher.
With the exception of the units designated by the State or approved by the
competent department, no units or individuals may sell or purchase
firearms and ammunition.
Control of Firearms
Article 11
The firearm-carrying personnel shall obtain the consent of the person in
charge of their unit, and have the approval of the competent department at
the county level or higher. The firearm-equipped unit shall obtain the
approval of the people's government at the county level or higher.
Without permission through legal procedures, no units or individuals may
keep firearms and ammunition privately. Firearms and ammunition kept
without permission shall be handed over to the local public security
organ, and shall not be disposed of privately.
Article 12
Firearm-carrying personnel and firearm-equipped units shall apply to the
local county or municipal bureau of public security for firearm licenses,
which shall be granted after examination and approval.
Firearm-carrying personnel, when going out with their firearms, shall
carry them with firearm licenses for examination. Personnel carrying
firearms for official use and who perform duties in places other than
their own county or municipality must apply to the local county or
municipal bureau of public security for firearm-carrying pass.
Article 13
Firearms which bear historic significance kept on display in exhibition
halls, museums, etc., shall be registered at the local county or municipal
bureau of public security, and shall not be used for other purposes.
Article 14
It is strictly prohibited to fire shots at will in cities, towns,
residential areas, scenic spots, airports, along communication lines, or
in any other places where shot-firing is prohibited according to
regulations. It is prohibited to fire shots and hunt in non-hunting areas.
Article 15
In some particular areas or places where firearms are banned, firearm-
carrying personnel shall leave the firearms they carry with the public
security organ or a designated unit for safe-keeping, and have them given
back when leaving.
Article 16
All categories of firearms shall be kept properly and safe. Firearms kept
collectively shall be well taken care of by persons specially designated
for the job; special warehouses (or cabinets) shall be used for keeping
the firearms, and firearms and ammunition shall be kept separately; strict
measures shall be taken against loss, theft or other accidents. In case
that firearms are lost or stolen, it must be reported immediately to the
public security organ, and the scene of the incident shall be kept intact.
Article 17
Firearm-equipped units and firearm-carrying personnel are not permitted,
without official approval, to lend out their firearms and ammunition or
give them to others as gifts. In the event that a firearm-equipped unit
has been disbanded or a firearm-carrying person been transferred to a new
unit, the unit or the person shall return the firearms to the original
firearm-allocating unit, and return the firearm licence(s) to the original
licence-issuing public security organ for cancellation. Persons who hold
hunting rifles shall, upon moving away from the county or city of their
original residence, return for cancellation their firearm licences to the
original licence-issuing public security organ and obtain firearm-
transport passes. On their arrival at their destinations, they shall
present the firearm-transport passes to the local security organ and go
through the procedures for obtaining new firearm licences.
Article 18
To transport firearms and ammunition, it is imperative to apply to the
county or municipal bureau of public security stationed at the destination
of transportation for a transport pass. Upon arrival at the destination,
the applicant shall present the transport pass to the local public
security organ and go through the procedures for registration or for
obtaining a new firearm licence.
Article 19
To carry hunting rifles into the country from abroad, it is imperative to
obtain, in advance, the approval of the county or municipal bureau of
public security stationed in the locality of the applicant's residence.
Upon entering the country, the applicant shall declare at the Customs, and
a carrying-transport permit shall be issued after examination and approval
by the border inspection office. Upon arrival at the destination, the
applicant shall go through the procedures for obtaining a firearm licence
by presenting the carrying-transport permit.
To carry hunting rifles out of the country, it is imperative to return for
cancellation the firearm licence to the original licence-issuing public
security organ for a carrying-transport permit. On exit, the applicant
shall declare at the Customs, and surrender the carrying-transport permit
to the local border inspection office.
Article 20
Firearms that have fallen into disuse shall be registered by the firearm-
holding units in detailed lists, which shall be submitted for approval to
the competent departments of the province, autonomous region, or
municipality directly under the Central Government, and, then, again to
the local county or municipal bureau of public security for examination;
after that, the disused firearms shall undergo a treatment of
disfigurement before they are sent, under the supervision of the unit in
charge of the destruction, to a smeltery designated by the public security
department (bureau) of the province, autonomous region, or municipality
directly under the Central Government for melting down and complete
destruction.
Article 21
Air guns that discharge metal pellets shall be controlled in accordance
with the provisions concerning the control of sports guns, when used by
sports departments in target-shooting sports, and in accordance with the
provisions concerning the control of hunting rifles when used for hunting
by hunting units. Privately purchased and held pellet-discharging air guns
are also required to go through registration procedures and to be placed
under control; and the control measures shall be formulated by the public
security department (bureau) of the province, autonomous region, or
municipality directly under the Central Government.
Article 22
Firearm licences, firearm-carrying passes, purchase permits for sports
guns, hunting rifles and injection-guns, transport passes for firearms and
ammunition, and carrying-transport permits shall all be devised solely by
the Ministry of Public Security, be printed solely by the public security
department (bureau) of the province, autonomous region, or municipality
directly under the Central Government, and be signed and issued by the
county or municipal bureau of public security.
Article 23
The public security organs at various levels shall exercise supervision
over such affairs as the carrying, use, safe-keeping, and changes of
firearms in the non-military departments of their locality, and carry out
inspection at regular intervals.
Control of Firearms of Foreigners
Article 24
Foreign diplomatic missions and consular posts in China, and their
personnel, that are to carry firearms into China shall apply in advance to
the Ministry of Foreign Affairs of the People's Republic of China; after
obtaining the consent, they shall declare at the Customs on entering the
country and then be issued the carrying-transport permits by the border
inspection office after examination. Upon arrival at the destination, the
applicants shall report to the local municipal bureau of public security,
and go through the registration procedures for their firearms.
No firearms belonging to foreign diplomatic missions and consular posts in
China and to their personnel, with the exception of their shotguns which
may be used in hunting grounds, shall be carried out of the confines of
the aforesaid missions and posts. Foreign diplomatic missions and
consular posts in China and their personnel that are to carry their
firearms out of China shall send a note to the Ministry of Foreign Affairs
of the People's Republic of China, and make an application to the
municipal bureau of public security at the locality of their residences
for registration cancellation and for the issuance of carrying-transport
permits. On exit, they shall declare at the Customs, and submit the
carrying-transport permit to the local border inspection office.
Article 25
Members of foreign political party, government, military or parliamentary
delegations and their guards that are to carry firearms into China shall
obtain in advance the consent from the Ministry of Foreign Affairs of the
People's Republic of China or from the host units, which shall notify the
border inspection office and submit a report to the Ministry of Public
Security for the record.
Article 26
Foreign sports teams that come to China to take part in a shooting
tournament with their sports rifles and pistols shall obtain in advance
the approval by the Physical Culture and Sports Commission of the People's
Republic of China. On entering the country, they shall declare at the
Customs, and then the border inspection office shall issue them the
carrying-transport permits after examination. On arrival at the locality
of the tournament, they shall go through the registration procedures for
the record at the local county or municipal bureau of public security, and
cancel the registration before leaving. Foreign sports teams that travel
via China shall obtain in advance the approval of the Physical Culture and
Sports Commission of the People's Republic of China, which shall notify
the border inspection authorities, and the inspection office at the entry
point shall put paper slip seals on the firearms and permit them to pass
through the country.
Article 27
Firearms and ammunition on board foreign civil air-liners or vessels
registered in foreign countries, shall be sealed up by the border
inspection office when the air-liners and vessels enter a port of China,
and unsealed when the air-liners and vessels leave the country.
Article 28
Apart from those who come to China as stipulated in Articles 24, 25 and 26
of these Measures, no foreigners are permitted to carry firearms and
ammunition into the territory, unless approved by the competent
departments of the People's Republic of China and by the public security
department (bureau) of the province, autonomous region, and municipality
directly under the Central Government at the places of their destination.
Those who carry firearms and ammunition with them must, on entering the
territory, declare at the Customs, and the border inspection office shall
temporarily seal up the firearms and ammunition for safekeeping at the
entry port, and give them back when the owners leave the country; or the
firearms and ammunition shall be retransported out of the territory by the
original carriers. Those who have obtained the approval to carry firearms
and ammunition into or out of the territory shall go through the
procedures in accordance with the stipulations of Article 19 of these
Measures. Those in transit shall declare at the Customs, and the border
inspection office shall seal the firearms up after examination, and permit
them to pass through the country. Those who fail to declare at the
Customs shall be dealt with, without exception, as cases of illegal
transport of firearms and ammunition.
Article 29
Foreigners who wish to buy hunting rifles in China, shall obtain the
approval of and certificates from the foreign affairs office of the
province, autonomous region or municipality directly under the Central
Government, or the host unit. They shall then apply to the local county
and municipal bureau of public security for purchase permits and make
their purchases at designated stores after approval.
Penalties
Article 30
The chief person-in-charge and the direct offender, who are held
responsible for the violation of these Measures, shall receive penalties
ranging from disciplinary sanction, punishment in accordance with the
regulations on the maintenance of public order, to an investigation by the
judicial organ of the criminal responsibilities of the offender, depending
on the seriousness of the case.
Miscellaneous
Article 31
The people's governments of various provinces, autonomous regions and
municipalities directly under the Central Government and the various
ministries and commissions under the State Council may, in accordance with
these Measures, formulate specific provisions for the control of firearms,
and report thereon to the Ministry of Public Security for the record.
Article 32
These Measures shall go into effect after the approval by the State
Council and the promulgation by the Ministry of Public Security. The
Interim Measures Concerning the Control of Firearms, approved by the
Government Administration Council and promulgated by the Ministry of
Public Security on June 27, 1951, shall be abrogated at the same time.
be formulated by the public
security department (bureau) of the province, autonomous region, or
municipality directly under the Central Government.
Article 22
Firearm licences, firearm-carrying passes, purchase permits for sports
guns, hunting rifles and injection-guns, transport passes for firearms and
ammunition, and carrying-transport permits shall all be devised solely by
the Ministry of Public Security, be printed solely by the public security
department (bureau) of the province, autonomous region, or municipality
directly under the Central Government, and be signed and issued by the
county or municipal bureau of public security.
Article 23
The public security organs at various levels shall exercise supervision
over such affairs as the carrying, use, safe-keeping, and changes of
firearms in the non-military departments of their locality, and carry out
inspection at regular intervals.
Control of Firearms of Foreigners
Article 24
Foreign diplomatic missions and consular posts in China, and their
personnel, that are to carry firearms into China shall apply in advance to
the Ministry of Foreign Affairs of the People's Republic of China; after
obtaining the consent, they shall declare at the Customs on entering the
country and then be issued the carrying-transport permits by the border
inspection office after examination. Upon arrival at the destination, the
applicants shall report to the local municipal bureau of public security,
and go through the registration procedures for their firearms.
No firearms belonging to foreign diplomatic missions and consular posts in
China and to their personnel, with the exception of their shotguns which
may be used in hunting grounds, shall be carried out of the confines of
the aforesaid missions and posts. Foreign diplomatic missions and
consular posts in China and their personnel that are to carry their
firearms out of China shall send a note to the Ministry of Foreign Affairs
of the People's Republic of China, and make an application to the
municipal bureau of public security at the locality of their residences
for registration cancellation and for the issuance of carrying-transport
permits. On exit, they shall declare at the Customs, and submit the
carrying-transport permit to the local border inspection office.
Article 25
Members of foreign political party, government, military or parliamentary
delegations and their guards that are to carry firearms into China shall
obtain in advance the consent from the Ministry of Foreign Affairs of the
People's Republic of China or from the host units, which shall notify the
border inspection office and submit a report to the Ministry of Public
Security for the record.
Article 26
Foreign sports teams that come to China to take part in a shooting
tournament with their sports rifles and pistols shall obtain in advance
the approval by the Physical Culture and Sports Commission of the People's
Republic of China. On entering the country, they shall declare at the
Customs, and then the border inspection office shall issue them the
carrying-transport permits after examination. On arrival at the locality
of the tournament, they shall go through the registration procedures for
the record at the local county or municipal bureau of public security, and
cancel the registration before leaving. Foreign sports teams that travel
via China shall obtain in advance the approval of the Physical Culture and
Sports Commission of the People's Republic of China, which shall notify
the border inspection authorities, and the inspection office at the entry
point shall put paper slip seals on the firearms and permit them to pass
through the country.
Article 27
Firearms and ammunition on board foreign civil air-liners or vessels
registered in foreign countries, shall be sealed up by the border
inspection office when the air-liners and vessels enter a port of China,
and unsealed when the air-liners and vessels leave the country.
Article 28
Apart from those who come to China as stipulated in Articles 24, 25 and 26
of these Measures, no foreigners are permitted to carry firearms and
ammunition into the territory, unless approved by the competent
departments of the People's Republic of China and by the public security
department (bureau) of the province, autonomous region, and municipality
directly under the Central Government at the places of their destination.
Those who carry firearms and ammunition with them must, on entering the
territory, declare at the Customs, and the border inspection office shall
temporarily seal up the firearms and ammunition for safekeeping at the
entry port, and give them back when the owners leave the country; or the
firearms and ammunition shall be retransported out of the territory by the
original carriers. Those who have obtained the approval to carry firearms
and ammunition into or out of the territory shall go through the
procedures in accordance with the stipulations of Article 19 of these
Measures. Those in transit shall declare at the Customs, and the border
inspection office shall seal the firearms up after examination, and permit
them to pass through the country. Those who fail to declare at the
Customs shall be dealt with, without exception, as cases of illegal
transport of firearms and ammunition.
Article 29
Foreigners who wish to buy hunting rifles in China, shall obtain the
approval of and certificates from the foreign affairs office of the
province, autonomous region or municipality directly under the Central
Government, or the host unit. They shall then apply to the local county
and municipal bureau of public security for purchase permits and make
their purchases at designated stores after approval.
Penalties
Article 30
The chief person-in-charge and the direct offender, who are held
responsible for the violation of these Measures, shall receive penalties
ranging from disciplinary sanction, punishment in accordance with the
regulations on the maintenance of public order, to an investigation by the
judicial organ of the criminal responsibilities of the offender, depending
on the seriousness of the case.
Miscellaneous
Article 31
The people's governments of various provinces, autonomous regions and
municipalities directly under the Central Government and the various
ministries and commissions under the State Council may, in accordance with
these Measures, formulate specific provisions for the control of firearms,
and report thereon to the Ministry of Public Security for the record.
Article 32
These Measures shall go into effect after the approval by the State
Council and the promulgation by the Ministry of Public Security. The
Interim Measures Concerning the Control of Firearms, approved by the
Government Administration Council and promulgated by the Ministry of
Public Security on June 27, 1951, shall be abrogated at the same time.
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