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中华人民共和国猎枪弹具管理办法 MEASURES OF THE PEOPLE'S REPUBLIC OF CHINA FOR THE CONTROL OF HUNTING RIFLES AND AMMUNITION

2006-05-17 09:29   我要纠错 | 打印 | 收藏 | | |

(Approved by the State Council on October 27, 1993, and promulgated by Decree No. 2 of the Ministry of Forestry and the Ministry of Public Security on December 25, 1993)
颁布日期:19931027  实施日期:19940301  颁布单位:国务院

  Chapter I General Rules

  Article 1 These Measures are formulated according to the “Law of the People's Republic of China on the Protection of Wildlife” and the “Measures of the People's Republic of China for the Control of Firearms” in order to strengthen the control of hunting rifles and ammunition, protect wildlife resources, and maintain public security.

  Article 2 The term hunting rifles and ammunition, as mentioned in these Measures, refers to rifles without rifling, powder-guns, injection-guns, rifles for hunting, and their spare parts and the ammunition (including cartridge case, ignition cartridges and metal pellets)。

  Article 3 Those who produce, sell, use or transport hunting rifles and ammunition should abide by these Measures.

  Article 4 The competent department of forestry administration of the State Council, the competent department of forestry administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and the competent department of wildlife administration of the people's governments of cities and counties are responsible for the administration of the production, sale and use of hunting rifles and ammunition according to their jurisdiction respectively.

  The public security organ is responsible for the administration of the public security and the supervision and inspection of the production, sale, purchase, ownership, use, transport, disuse and destruction of hunting rifles and ammunition.

  Article 5 The competent department of forestry administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the competent department of wildlife administration of the people's governments of cities and counties, and the public security organ of the same level should, in cooperation with the competent authorities concerned, organize an inspection of the administration of hunting rifles and ammunition within their administrative region.

  Chapter II The Production

  Article 6 Hunting rifles and ammunition are produced and supplied by enterprises approved by the competent department of forestry administration of the State Council; unapproved enterprises shall not produce hunting rifles and ammunition. The administrative department of industry and commerce deals with registration according to the documents issued by the competent department of forestry administration of the State Council concerning the approval of the production of hunting rifles and ammunition.

  It is strictly forbidden for individuals to produce, remake or assemble hunting rifles.

  Article 7 Hunting rifles and ammunition are produced by quota.

  The competent department of forestry administration of the State Council, in line with the quantity needed by the competent departments of forestry administration and public security organs of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government on the basis of the wildlife resources and conditions of public security in their administrative regions, after the consideration of overall balance, decides the annual quota of the production of hunting rifles and ammunition and allot the quota to the enterprises in charge of the production.

  The enterprises producing hunting rifles and ammunition shall organize the production in line with the quota allotted by the competent department of forestry administration of the State Council. It is not allowed to produce hunting rifles and ammunition beyond the quota.

  Article 8 Hunting rifles and ammunition must be up to the standard stipulated by the State. Hunting rifles and ammunition leaving the factory and their labels on the pack shall qualify to the standard of the Law of the People's Republic of China on the Quality of Products, and be marked with the number of the hunting rifles.

  It is forbidden for hunting rifles and ammunition not up to the standard stipulated by the State to leave the factory.

  Article 9 The production of the new style hunting rifles and ammunition must be approved by the competent department of forestry administration of the State Council.

  Article 10 The competent department of forestry administration of the State Council or the institution which it has entrusted can carry out a selective examination of the quality of hunting rifles and ammunition produced in the approved enterprises.

  Chapter III: Sales

  Article 11 The type and the amount of hunting rifles and ammunition for sale are allotted overall by the competent department of forestry administration of the State Council within the annual quota of the production of hunting rifles and ammunition. The competent departments of forestry administration of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in line with the type and the quantity of hunting rifles and ammunition allotted by the competent department of forestry administration of the State Council, decide the annual quota of hunting rifles and ammunition for sale in their administrative regions and report to the public security organs at the same level for the records.

  Article 12 Hunting rifles and ammunition are sold by the designated unit.

  The unit managing the sale of hunting rifles and ammunition must first apply to the competent department of wildlife administration of the people's government of the city or county where it is located, after it has been approved by the competent department of forestry administration and the public security organ of the people's government of the province, autonomous region or municipality directly under the Central Government, the license of sales permits of hunting rifles and ammunition will be issued by the public security organ of the people's government of the province, autonomous region or municipality directly under the Central Government. The administrative department of industry and commerce deals with registration by the license of sales permits of hunting rifles and ammunition.

  Article 13 The unit managing the sale of hunting rifles and ammunition shall neither sell beyond the annual quota nor sell the hunting rifles and ammunition produced by those enterprises without production permits.

  Article 14 If the hunting rifles and ammunition produced for export cannot be exported for some reason, they cannot be sold within the country without the permission of the competent department of forestry administration of the State Council.

  Article 15 Those who need to purchase hunting rifles and ammunition for hunting shall, with a special hunting and capture permit or a hunting permit and identification, apply to the competent department of wildlife administration of the people's government of the city or county and fill the purchase form for examination and approval. After the approval of the competent department of wildlife administration and the examination and agreement of the public security organ at the same level, the purchasing permit for hunting rifles and ammunition shall be issued by the public security organ.

  The amount of hunting rifles and ammunition for purchase approved by the competent department of wildlife administration of the people's government of the city or county shall not be more than the annual sales quota allotted by the competent department of forestry administration of the people's government of the province, autonomous region or municipality directly under the Central Government; the amount of purchase permits issued by the public security organ shall not be more than the amount of hunting rifles and ammunition for purchase approved by the competent department of wildlife administration of the city or county at the same level.

  The purchase permits can only be used within the area of the province, autonomous region or municipality directly under the Central Government. Those who purchase hunting rifles shall follow the rule of one rifle per permit.

  Article 16 The unit managing the sale of hunting rifles and ammunition shall sell hunting rifles and ammunition in the light of the designated brand, type and amount by the purchase permit of hunting rifles and ammunition and the special hunting and capture permit issued by the public security organ of the city or county within the province, autonomous region or municipality directly under the Central Government, or the hunting permit showing the identification of the purchaser. It is strictly forbidden for the unit managing the sale of hunting rifles and ammunition to sell hunting rifles and ammunition to units or individuals of other provinces, autonomous regions or municipalities directly under the Central Government.

  Article 17 Those who have purchased hunting rifles shall, with their special hunting and capture permit or hunting permit, the hunting rifles which they have purchased and the receipt, get firearm licenses in the public security organ of the city or county which issued the purchase permit of hunting rifles and ammunition, then report to the competent department of wildlife administration at the same level for the records.

  Article 18 Aliens who need to purchase hunting rifles and ammunition shall, with the document issued by the competent department of foreign affairs of the people's government of the province or above or the competent administrative department of the host unit, apply to the public security organ of the city or county of the purchase for a purchase permit of hunting rifles and ammunition; after the approval, they shall go to purchase hunting rifles and ammunition with their purchase permit in the designated unit managing the sale of hunting rifles and ammunition.

  Chapter IV The Use

  Article 19 The firearm-carrying personnel for hunting shall carry with them the firearm license and special hunting and capture permit or hunting permit.

  Article 20 The units and individuals concerned shall carefully keep and use hunting rifles and ammunition, prevent their loss and theft or the occurrence of other accidents. If there occurs the loss or the theft of hunting rifles or ammunition, it shall be reported immediately to the public security organ of the local city or county.

  Article 21 The hunting rifles and ammunition held by individuals must not be borrowed or rented out. If units need to borrow or rent hunting rifles between themselves, it shall be approved by the competent departments of wildlife administration and the public security organs of the people's governments of the cities or counties of both sides.

  Article 22 To present as a gift or transfer hunting rifles and ammunition must be approved by the competent departments of wildlife administration and the public security organs of the people's governments of the cities or counties of both the presenter and the receiver or the transferor and the transferee; the presenter or the transferor shall also go through the procedure of changing the firearms license.

  Article 23 Those who receive hunting rifles and ammunition presented as a gift or transferred by aliens shall be examined and agreed by the public security organ of the city or county, get the firearm license and, for the record, report to the competent department of wildlife administration at the same level.

  Article 24 The State puts into effect the system of inspection and disuse of hunting rifles. If hunting rifles held by units and individuals are declared as useless after inspection, the special hunting and capture permit or hunting permit shall be handed in for cancellation to the competent department of wildlife administration of the people's government of the local city or county; the firearm license shall be handed in for cancellation to the public security organ, the hunting rifles shall be discarded by the public security organ according to the regulations.

  Chapter V The Transport

  Article 25 Those who transport hunting rifles and ammunition shall apply to the public security organ of the relevant city or county through which they travel for a transport permit; on their arrival at the destination, they shall register at the public security organ of the local city or county or apply for a firearms license according to the measures listed in this circular.

  The public security organ which issues the purchasing permit of hunting rifles and ammunition can accordingly issue the transport permit simultaneously.

  Article 26 Those who carry hunting rifles and ammunition out of the city or county shall apply to the local public security of the local city or county, and get their transport permit with their special hunting and capture permit or hunting permit and their firearms license.

  Article 27 As for those aliens who come inside the border of the People's Republic of China for hunting and need to carry their own hunting rifles and ammunition, the host unit shall apply beforehand for examination and agreement to the competent department of forestry administration and the public security organ of the people's government of the province, autonomous region or municipality directly under the Central Government; the aliens shall declare at customs on their entry into the country, and the frontier inspection station shall issue the transport permit after examination and verification according to the document of approval; the host unit shall take charge of keeping the hunting rifles and ammunition after their entry.

  Aliens carrying hunting rifles and ammunition across the border must apply to public security for a transport permit, declare at the customs on their exit from the country and hand in their transport permit to the frontier inspection station at the local exit.

  Article 28 The transport enterprises of railway, communication and civil aviation can deal with the procedure for shipping hunting rifles and ammunition by the transport permit.

  It is strictly forbidden for passengers to carry with them hunting rifles and ammunition on civil airliners, passenger ships and trains.

  Chapter VI Regulations of Penalty

  Article 29 Those who violate the regulations of these Measures with one of the following deeds which are not classified as calling for criminal penalties but enough for administrative penalties for public security shall be dealt with by the public security organ according to the “Regulations of the People's Republic of China on Administrative Penalties for Public Security”。

  (1) To produce hunting rifles and ammunition without permission;

  (2) To produce hunting rifles and ammunition not of the type stipulated or beyond the production quota allotted;

  (3) To produce, remake or assemble hunting rifles by individuals;

  (4) To manage the sale of hunting rifles and ammunition or to be involved in the illegal dealing of hunting rifles and ammunition;

  (5) To illegally transport or carry hunting rifles and ammunition;

  (6) To illegally hold, use, store, conceal, rent, borrow, present as a gift or transfer hunting rifles and ammunition.

  Those who are involved in one of the above-mentioned deeds which constitute a crime should be investigated for their responsibility for the crime according to law.

  Article 30 If the enterprise producing hunting rifles and ammunition fails to produce hunting rifles and ammunition in the light of the regulations, the competent department of the forestry administration of the State Council or the unit which it has entrusted can order the enterprise to stop production for rectification or revoke the document which granted the enterprise the qualification for the production, according to the seriousness of the case.

  If the enterprise managing the sale of hunting rifles and ammunition fails to sell hunting rifles and ammunition according to the regulations, the public security organ can order the enterprise to stop business for rectification or revoke the sales permit, based on the seriousness of the case accordingly.

  Article 31 If the party concerned refuses to accept the administrative penalty as final, the party can apply for are consideration or start legal proceedings. If the party concerned fails to apply for a reconsideration or start legal proceedings within the limited time yet refuses to accept the penalty, the unit which has made the decision shall apply to the People's Court to carry it out by force or carry out the decision itself by force, according to law.

  Article 32 If the employees of the competent department of wildlife administration or the public security organ violate the regulations of these Measures, granting the amount of hunting rifles and ammunition for purchase beyond the annual quota of sale or issuing the purchase permits or transport permits of hunting rifles and ammunition beyond the amount of hunting rifles and ammunition authorized for sale, or are engaged in other activities of abusing power, dereliction of duty, malpractice for personal interests, their unit or the higher authorities shall impose the penalty required; if their activity constitutes a crime, they shall be investigated for their criminal responsibility according to law.

  Chapter VII Supplementary Provisions

  Article 33 The import and export of hunting rifles and ammunition and the administration of the hunting rifles and ammunition used in target-shooting sports shall follow the related regulations issued by the State.

  Article 34 These Measures shall be interpreted by the competent department of forestry administration of the State Council and the department of public security.

  Article 35 These Measures shall become effective on March 1, 1994.

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