Weibo Recommendation | Today's Weibo Hot Topics: "This was just a plastic toy gun used to offset rent. I had no idea it would constitute a crime." In June 2010, public security personnel in Guangzhou seized 234 gun-shaped items and a batch of bullet-like items stored by Zhang at a warehouse on Tong'anli Road in Yuexiu District. Yesterday morning, Zhang was prosecuted for allegedly illegally trading in firearms and ammunition, undergoing trial at the Guangzhou Intermediate People's Court. This was the second hearing of the first instance of this case. During the previous first hearing, Zhang was accused of selling a total of 124 guns. However, since the time of Zhang's offense predates the latest revision of firearm appraisal regulations, Judge Huang pointed out that according to the principle of lex mitior, the appraisal in this case applied the wooden board shooting test before the revision. After re-appraisal by the Guangdong Public Security Judicial Appraisal Center, it was determined that among the gun-shaped items involved in the case, 37 were classified as homemade air rifles. During yesterday's trial, based on the latest appraisal report, the prosecution changed this number to 37, suggesting that given the significant reduction in the number of firearms identified in this case, the court should consider leniency.
"I truly didn't realize this was illegal," Zhang cried out in court, claiming his innocence. He stated that the buyer who wished to purchase this batch of toy guns was introduced by an acquaintance named Mr. Li, who told him that there was a boss Liu in Tianjin willing to pay 18,000 yuan. On the day Zhang was handling the consignment procedures for the guns at a freight company, he was caught on the spot by public security personnel, "I don't even know what happened, and I got arrested like this without realizing anything."
Confusion: Are Toy Guns Equivalent to Firearms Under Criminal Law?
It is reported that Zhang, 43 years old, hails from Handan, Hebei, and operates a toy store in Guangzhou. According to his account, his neighbor Mr. Li originally owed his store over 20,000 yuan in rent but, unable to repay it, used 234 toy guns (worth 15,000 yuan) sold in the store to offset the debt.
Does the term "firearm" in criminal law only refer to real guns?
Shock: Accused of Selling 37 Firearms
Judge Huang explained during the trial that according to the "Firearms Control Law" and the revised "Regulations on the Performance Appraisal of Firearms and Ammunition Involved in Cases by the Public Security Organs" dated December 7, 2010, "for non-standard firearms that cannot fire standard (including military and civilian) bullets, according to the 'Judicial Science Appraisal Criteria for Firearm Wounding Power,' when the muzzle kinetic energy ratio of the projectiles fired is greater than or equal to 1.8 joules/square centimeter, they are all recognized as firearms." Therefore, if imitation toy guns meet the characteristics of firearms as defined in these regulations, they should be recognized as firearms under criminal law, and imitation toy guns cannot be excluded outright from the category of firearms.
According to reports (by reporters Zhang Cheng and Liu Xiaoxing), Zhang, who operates a children's toy store in Guangzhou, originally received 234 toy guns from a tenant intending to sell them to offset the rent. Unexpectedly, after being confiscated by the police, they were appraised as having lethal power. The Guangzhou Procuratorate has prosecuted Zhang for allegedly engaging in illegal trade of firearms and ammunition. Yesterday, the case was heard at the Guangzhou Intermediate People's Court. Zhang loudly claimed his innocence in court, arguing "I never thought selling toy guns could be a crime," and earnestly requested the court for lenient punishment.