Do not buy imitation guns, BB guns, or air rifles online; avoid “toy guns” of unknown origin
Any BB gun or air rifle purchased online that meets or exceeds a muzzle energy threshold of 1.8 joules per square centimeter is classified as a firearm. Possessing such a gun without a permit can lead to a sentence of up to 3 years in prison; more serious cases may result in 3 to 7 years. In one case, a couple sold “toy guns” at a local market. Of the 43 guns seized, 18 were confirmed to meet firearm standards. Since there was insufficient evidence to prove they knew these items were firearms, they were not prosecuted due to evidentiary doubts.
No cost involved. If you want to shoot, visit a licensed s…
Possessing or privately hiding firearms without a permit brings up to 3 years;
No cost involved. If you want to shoot, visit a licensed shooting range.
Possessing or privately hiding firearms without a permit brings up to 3 years; when circumstances are serious, 3 to 7 years. Non-standard guns that cannot fire service ammunition are still classified as firearms whenever muzzle specific energy is at or above 1.8 joules per square centimeter. Muzzle specific energy is the energy per square centimeter the projectile carries as it leaves the barrel. Many BB guns and air guns bought online exceed that figure. Since 2018 the Supreme People’s Court and Supreme People’s Procuratorate have required that for air guns with relatively low specific energy, conviction be decided only after a combined assessment of appearance, material, price, use, whether the person knew, and so on. Official case: Zhao and spouse sold “toy guns” at a market; 43 were seized, of which 18 met firearm standards on appraisal. Because there was not enough evidence they knew the items were firearms, charges were dropped for doubt (nationwide)
全国人大 (2020). 刑法(根据刑法修正案(十一)修正,第一百二十八条). https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html;最高人民法院、最高人民检察院 (2018). 关于涉以压缩气体为动力的枪支、气枪铅弹刑事案件定罪量刑问题的批复(法释〔2018〕8 号). https://www.spp.gov.cn/xwfbh/wsfbt/201803/t20180328_372604.shtml;最高人民法院 (2018). 《批复》的理解与适用. https://www.court.gov.cn/zixun/xiangqing/88472.html
Open source linkThe key to the decision not to prosecute in that case was the finding that they did not knowingly possess firearms. An adult who deliberately buys a steel-ball gun or air gun online will find it difficult to claim afterward that they did not know it was a gun. For penalties for carrying crossbows and controlled knives, see Item 26 in this section (do not buy batons, stun devices, or daggers for self-defense).