Firearm Ownership Law In China
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In the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's List of countries and dependencies by population, most populous country, with a Population of China, population exceeding 1.4 billion, slig ...
, access by the general public to
firearm A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes ...
s 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. Law enforcement, military, paramilitary, and security personnel are allowed to use firearms. Police are to use issued pistols only to stop serious or dangerous crimes. Airsoft guns are practically prohibited in China, as muzzle energy limits classify them as real firearms.


History

Gunpowder Gunpowder, also commonly known as black powder to distinguish it from modern smokeless powder, is the earliest known chemical explosive. It consists of a mixture of sulfur, carbon (in the form of charcoal) and potassium nitrate (saltpeter). T ...
was invented in China more than a thousand years ago,James T. Areddy
Staring Down the Barrel: the Rise of Guns in China
''Wsj.com'', 14 October 2008 (accessed on 18 August 2019)
with the first definitive written record of chemical formulae found in the mid-
11th century The 11th century is the period from 1001 ( MI) through 1100 ( MC) in accordance with the Julian calendar, and the 1st century of the 2nd millennium. In the history of Europe, this period is considered the early part of the High Middle Ages. ...
Song dynasty The Song dynasty (; ; 960–1279) was an imperial dynasty of China that began in 960 and lasted until 1279. The dynasty was founded by Emperor Taizu of Song following his usurpation of the throne of the Later Zhou. The Song conquered the res ...
military
compendium A compendium (plural: compendia or compendiums) is a comprehensive collection of information and analysis pertaining to a body of knowledge. A compendium may concisely summarize a larger work. In most cases, the body of knowledge will concern a s ...
''
Wujing Zongyao The ''Wujing Zongyao'' (), sometimes rendered in English as the ''Complete Essentials for the Military Classics'', is a Chinese military compendium written from around 1040 to 1044. The book was compiled during the Northern Song dynasty by Z ...
'', and the very earliest possible reference dating to the
Eastern Han dynasty The Han dynasty (, ; ) was an Dynasties in Chinese history, imperial dynasty of China (202 BC – 9 AD, 25–220 AD), established by Emperor Gaozu of Han, Liu Bang (Emperor Gao) and ruled by the House of Liu. The dynasty was preceded by th ...
. During the
Ming The Ming dynasty (), officially the Great Ming, was an imperial dynasty of China, ruling from 1368 to 1644 following the collapse of the Mongol-led Yuan dynasty. The Ming dynasty was the last orthodox dynasty of China ruled by the Han pe ...
and Qing dynasties,
matchlock A matchlock or firelock is a historical type of firearm wherein the gunpowder is ignited by a burning piece of rope that is touched to the gunpowder by a mechanism that the musketeer activates by pulling a lever or trigger with his finger. Befor ...
musket A musket is a muzzle-loaded long gun that appeared as a smoothbore weapon in the early 16th century, at first as a heavier variant of the arquebus, capable of penetrating plate armour. By the mid-16th century, this type of musket gradually di ...
s were used in China, and the Chinese used the term "bird-gun" () to refer to muskets.
Mao Zedong Mao Zedong pronounced ; also Romanization of Chinese, romanised traditionally as Mao Tse-tung. (26 December 1893 – 9 September 1976), also known as Chairman Mao, was a Chinese communist revolutionary who was the List of national founde ...
remarked "
Political power grows out of the barrel of a gun ''Political power grows out of the barrel of a gun'' () is a phrase which was coined by Chinese communist leader Mao Zedong. The phrase was originally used by Mao during an emergency meeting of the Chinese Communist Party (CCP) on 7 August 1927, ...
" in 1927 and 1938, a sentiment that was maintained after winning the civil war. The country's strict centralized stance on gun control was officially instated in the country in 1966, and extended in 1996 when the government banned the buying, selling and transporting of firearms without official permission.Hu Yinan
Writing on the wall for guns
''Chinadaily.com'', 18 August 2010 (18 August 2019)
According to the
Chinese police The Ministry of Public Security () is a government ministry of the People's Republic of China responsible for public and political security. It oversees more than 1.9 million of the country's law enforcement officers and as such the vast ...
, up until 2006, an underground gun-trading triangle in
Southwest China Southwest China () is a region in the south of the People's Republic of China. Geography Southwest China is a rugged and mountainous region, transitioning between the Tibetan Plateau to the west and the Chinese coastal hills (东南丘陵) and ...
fed the Chinese gun market, with guns being manufactured in
Songtao Songtao Miao Autonomous County () is an autonomous county in the northeast of Guizhou province, China, bordering Chongqing to the north and Hunan province to the east. It is under the administration of the prefecture-level city of Tongren Tongre ...
and trafficked into
Xiushan Xiushan Tujia and Miao Autonomous County (), or Xiushan County for short, is located in the southeast of Chongqing Municipality, China. It is the municipality's southernmost county-level division. * Area: * Population Population typically ...
and Huayuan before reaching a national distribution scale. 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. In 2007, a study released by the Geneva-based
Graduate Institute of International and Development Studies The Graduate Institute of International and Development Studies, or the Geneva Graduate Institute (french: Institut de hautes études internationales et du développement), abbreviated IHEID, is a government-accredited postgraduate institution ...
estimated that around 40 million guns were owned by Chinese civilians, a gross over-estimation according to Chinese analysts. Throughout the 2000s, ''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'' noted a rise of gun popularity in China.


Specifications

In China, firearms can be used by law enforcement, the military and
paramilitary A paramilitary is an organization whose structure, tactics, training, subculture, and (often) function are similar to those of a professional military, but is not part of a country's official or legitimate armed forces. Paramilitary units carr ...
, or security personnel protecting property of state importance (including the arms industry, financial institutions, storage of resources, and scientific research institutions). Civilian ownership of firearms is largely restricted to non-individual entities such as sporting organizations, hunting reserves, and
wildlife Wildlife refers to undomesticated animal species, but has come to include all organisms that grow or live wild in an area without being introduced by humans. Wildlife was also synonymous to game: those birds and mammals that were hunted ...
protection, management and research organizations. The chief exception to the general ban for individual gun ownership is for the purpose of
hunting Hunting is the human activity, human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to harvest food (i.e. meat) and useful animal products (fur/hide (skin), hide, ...
. Individuals who hold hunting permits can apply to purchase and hold firearms for the purpose of hunting. 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 Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
. Airsoft guns are also practically prohibited due to the Ministry of Public Security dictating very restrictive new criteria that rendered most such
toy gun Toy guns are toys which imitate real guns, but are designed for recreational sport or casual play by children. From hand-carved wooden replicas to factory-produced pop guns From Gilroy Gardens and cap guns, toy guns come in all sizes, price ...
s being defined as real firearms, and violation may lead to a criminal conviction for illegal possession of firearms. Official media has discussed potential dangers of imitation guns ().


Special regions


Miao people

The possession of traditional smoothbore blackpowder muskets is allowed to some
Miao Miao may refer to: * Miao people, linguistically and culturally related group of people, recognized as such by the government of the People's Republic of China * Miao script or Pollard script, writing system used for Miao languages * Miao (Unicode ...
hill people, the so-called Miao gun tribes, as an essential element of traditional dress and culture; however, possession of gunpowder is regulated. The Biasha (Basha) Miao people () living in Bingmei,
Guizhou Guizhou (; formerly Kweichow) is a landlocked province in the southwest region of the People's Republic of China. Its capital and largest city is Guiyang, in the center of the province. Guizhou borders the autonomous region of Guangxi to t ...
, claim they can legally possess guns, since they use them for their annual traditional performance.


Hong Kong and Macau

Firearm ownership in the
special administrative regions The special administrative regions (SAR) of the People's Republic of China are one of the provincial-level administrative divisions of the People's Republic of China directly under the control of its Central People's Government (State Co ...
of
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
and
Macau Macau or Macao (; ; ; ), officially the Macao Special Administrative Region of the People's Republic of China (MSAR), is a city and special administrative region of China in the western Pearl River Delta by the South China Sea. With a pop ...
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 gun Airsoft guns are replica toy guns used in airsoft sports. They are a special type of low-power smoothbore air guns designed to shoot non-metallic spherical projectiles (pb) often colloquially (but incorrectly) referred to as " BBs", which ar ...
s with a
muzzle energy 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 des ...
not above is legal to citizens in China's SARs. Firearms control was inherited during
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
and
Portuguese rule The Portuguese Empire ( pt, Império Português), also known as the Portuguese Overseas (''Ultramar Português'') or the Portuguese Colonial Empire (''Império Colonial Português''), was composed of the overseas Colonialism, colonies, Factory ...
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. Those found in possession without a license could be fined HKD$100,000 and imprisonment for up to 14 years.


See also

*
Estimated number of civilian guns per capita by country This is a list of countries by estimated number of privately owned guns per 100 persons. The ''Small Arms Survey 2017''Gun control Gun control, or firearms regulation, is the set of laws or policies that regulate the manufacture, sale, transfer, possession, modification, or use of firearms by civilians. Most countries have a restrictive firearm guiding policy, with on ...
*
List of countries by firearm-related death rate This is a historical list of countries by firearm-related death rate per 100,000 population in the listed year. Homicide figures may include justifiable homicides along with criminal homicides, depending upon jurisdiction and reporting standar ...
*
Overview of gun laws by nation 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 t ...


References

{{Gun laws by country Chinese law Gun laws in China Crime in China Crime in Hong Kong Crime in Macau Gun politics in China