法律文本

中華人民共和國槍支管理法（2015修正）

Law of the People's Republic of China on Gun Control (2015 Revision)

（1996年7月5日第八屆全國人民代表大會常務委員會第二十次會議通過 根據2009年8月27日第十一屆全國人民代表大會常務委員會第十次會議《關於修改部分法律的決定》第一次修正 根據2015年4月24日第十二屆全國人民代表大會常務委員會第十四次會議《關於修改等七部法律的決定》第二次修正）

(Adopted at the 20th Meeting of the Standing Committee of the Eighth National People's Congress on July 5, 1996; amended for the first time according to the Decision on Amending Certain Laws passed at the 10th Meeting of the Standing Committee of the 11th National People's Congress on August 27, 2009; and amended for the second time according to the Decision on Amending Seven Laws passed at the 14th Meeting of the Standing Committee of the 12th National People's Congress on April 24, 2015)

第一章 總則

Chapter 1 General Provisions

第一條   為了加強槍支管理，維護社會治安秩序，保障公共安全，制定本法。

Article 1 This Law is enacted for the purpose of tightening control over guns, preserving public security and order and ensuring public safety.

第二條   中華人民共和國境內的槍支管理，適用本法。

Article 2 This Law applies to control of guns within the territory of the People's Republic of China.

對中國人民解放軍、中國人民武裝警察部隊和民兵裝備槍支的管理，國務院、中央軍事委員會另有規定的，適用有關規定。

Where other regulations are formulated by the State Council and the Central Military Commission regarding control of guns with which the Chinese People's Liberation Army, the Chinese People's Armed Police Force and the Militia are armed, those regulations shall apply.

第三條   國家嚴格管制槍支。禁止任何單位或者個人違反法律規定持有、制造（包括變造、裝配）、買賣、運輸、出租、出借槍支。

Article 3 The State exercises strict control over guns. All entities and individuals are prohibited to possess, manufacture (alter and assemble included), trade in, transport, lease or loan guns in violation of the provisions of laws.

國家嚴厲懲處違反槍支管理的違法犯罪行為。任何單位和個人對違反槍支管理的行為有檢舉的義務。國家對檢舉人給予保護，對檢舉違反槍支管理犯罪活動有功的人員，給予獎勵。

The State shall severely punish any criminal act committed in violation of the control of guns. Every unit and individual has the obligation to inform against any violations against the control of guns. The State shall protect the informant and reward the persons who have rendered meritorious service by informing against criminal acts committed against the gun control.

第四條   國務院公安部門主管全國的槍支管理工作。縣級以上地方各級人民政府公安機關主管本行政區域內的槍支管理工作。上級人民政府公安機關監督下級人民政府公安機關的槍支管理工作。

Article 4 The public security department under the State Council shall be in charge of gun control throughout the country. Public security organs of the people's governments at or above the county level shall be in charge of the gun control in their administrative regions respectively. The public security organs of the people's governments at higher levels shall exercise supervision over the control of guns by the public security organs of the people's governments at lower levels.

第二章 槍支的配備和配置

Chapter 2 Equipping and Equipping Guns

第五條   公安機關、國家安全機關、監獄、勞動教養機關的人民警察，人民法院的司法警察，人民檢察院的司法警察和擔負案件偵查任務的檢察人員，海關的缉私人員，在依法履行職責時確有必要使用槍支的，可以配備公務用槍。

Article 5 People's policemen of the public security organs, State security organs, prisons and institutions of reeducation through labour, judicial policemen of the People's Courts and the People's Procuratorates, people's procurators who are charged with the task of investigation of cases, and customs coast guards may, when performing their functions pursuant to law and when it is definitely necessary for them to use guns, be armed with guns for the discharge of official duties.

國家重要的軍工、金融、倉儲、科研等單位的專職守護、押運人員在執行守護、押運任務時確有必要使用槍支的，可以配備公務用槍。

Professional guards and escorts of the country's important defence enterprises, banking institutions, storehouses and scientific research institutions may, when performing their tasks and when it is definitely necessary for them to use guns, be armed with guns for the discharge of official duties.

配備公務用槍的具體辦法，由國務院公安部門會同其他有關國家機關按照嚴格控制的原則制定，報國務院批準後施行。

Specific measures for arming with guns for the discharge of official duties shall, in accordance with the principle of strict control, be formulated by the public security department under the State Council together with other State organs concerned and submitted to the State Council for approval before enforcement.

第六條   下列單位可以配置民用槍支：

Article 6 The following units may be equipped with guns for civilian use:

（一）經省級人民政府體育行政主管部門批準專門從事射擊競技體育運動的單位、經省級人民政府公安機關批準的營業性射擊場，可以配置射擊運動槍支；

1. Sports units that are set up with the approval of the physical culture and sports administration department of the people's government at the provincial level to engage specially in target shooting competitions and profit-making shooting ranges that are set up with the approval of the public security organ of the people's government at the provincial level may be equipped with sports guns;

（二）經省級以上人民政府林業行政主管部門批準的狩獵場，可以配置獵槍；

(II) Hunting grounds that are built with the approval of the forestry administration department of the people's government at or above the provincial level may be equipped with hunting guns; and

（三）野生動物保護、飼養、科研單位因業務需要，可以配置獵槍、麻醉注射槍。

(III) Units for protecting and raising wild animals and for conducting scientific research of such animals may, due to need of the work, be equipped with hunting guns and narcotic injection guns.

獵民在獵區、牧民在牧區，可以申請配置獵槍。獵區和牧區的區域由省級人民政府劃定。

Hunters in hunting zones and herdsmen in pastoral areas may apply for equipment with guns. Hunting zones and pastoral areas shall be delimited by the people's governments at the provincial level.

配置民用槍支的具體辦法，由國務院公安部門按照嚴格控制的原則制定，報國務院批準後施行。

Specific measures for equipment with guns for civilian use shall, in adherence to the principle of strict control, be formulated by the public security department under the State Council and submitted to the State Council for approval before enforcement.

第七條   配備公務用槍，由國務院公安部門或者省級人民政府公安機關審批。

Article 7 Arming with guns for the discharge of official duties shall be subject to examination and approval by the public security department under the State Council or the public security organ of the people's government at the provincial level.

配備公務用槍時，由國務院公安部門或者省級人民政府公安機關發給公務用槍持槍證件。

When arming persons with guns for the discharge of official duties, the public security department under the State Council or the public security organ of a people's government at the provincial level shall issue to them certificates permitting them to hold guns for the discharge of official duties.

第八條   專門從事射擊競技體育運動的單位配置射擊運動槍支，由國務院體育行政主管部門提出，由國務院公安部門審批。營業性射擊場配置射擊運動槍支，由省級人民政府公安機關報國務院公安部門批準。

Article 8 With regard to equipment with sports guns for a unit that is specially engaged in target shooting competition as a sport event, the competent administrative department for physical culture and sports under the State Council shall submit the matter to the public security department under the State Council for examination and approval. With regard to equipment with sports guns for profit-making shooting grounds, the matter shall be submitted by the public security organ of a people's government at the provincial level to the public security department under the State Council for approval.

配置射擊運動槍支時，由省級人民政府公安機關發給民用槍支持槍證件。

When equipping with sports guns, the public security organ of the people's government at the provincial level shall issue certificates permitting the holding of guns for civilian use.

第九條   狩獵場配置獵槍，憑省級以上人民政府林業行政主管部門的批準文件，報省級以上人民政府公安機關審批，由設區的市級人民政府公安機關核發民用槍支配購證件。

Article 9 To obtain hunting guns for a hunting ground, one must, by producing the document of approval issued by the competent forestry administration department of the people's government at or above the provincial level, apply to the public security organ of such government for examination and approval, before the public security organ of the people's government of a city divided into districts shall, after verification, issue a certificate for rationed purchase of guns for civilian use.

第十條   野生動物保護、飼養、科研單位申請配置獵槍、麻醉注射槍的，應當憑其所在地的縣級人民政府野生動物行政主管部門核發的狩獵證或者特許獵捕證和單位營業執照，向所在地的縣級人民政府公安機關提出；獵民申請配置獵槍的，應當憑其所在地的縣級人民政府野生動物行政主管部門核發的狩獵證和個人身份證件，向所在地的縣級人民政府公安機關提出；牧民申請配置獵槍的，應當憑個人身份證件，向所在地的縣級人民政府公安機關提出。

Article 10 To apply for equipment with hunting guns or narcotic injection guns, the units for protecting and raising wild animals or for conducting scientific research of such animals shall, by producing their hunting certificates or their special permits for hunting and capturing animals issued by the competent administrative department for wild animals of the local people's government at the county level, as well as their business licenses, submit their application to the public security organ of the local people's government at the county level. In the case of hunters who wish to apply for equipment with hanging guns, they shall, by producing their hunting certificates issued by the competent administrative department for wild animals of the local people's government at the county level as well as their identification cards, submit their application to the public security organ of the local people's government at the county level. In the case of herdsmen who wish to apply for equipment with hunting guns, they shall, by producing their identification cards, submit their application to the public security organ of the local people's government at the county level.

受理申請的公安機關審查批準後，應當報請設區的市級人民政府公安機關核發民用槍支配購證件。

After examining and approving the application it accepts, the public security organ shall report the matter to the public security organ of a city divided into districts for issue of a certificate for rationed purchase of guns for civilian use after verification.

第十一條   配購獵槍、麻醉注射槍的單位和個人，必須在配購槍支後三十日內向核發民用槍支配購證件的公安機關申請領取民用槍支持槍證件。

Article 11 Units or individuals that are to conduct rationed purchase of hunting guns or narcotic injection guns must, within 30 days from the day they purchase the guns, apply to the public security organ that, after verification, issued to them the certificates for rationed purchase of guns for civilian use for issue of certificates permitting the holding of guns for civilian use.

第十二條   營業性射擊場、狩獵場配置的民用槍支不得攜帶出營業性射擊場、狩獵場。獵民、牧民配置的獵槍不得攜帶出獵區、牧區。

Article 12 Guns for civilian use which profit-making shooting grounds and hunting grounds are equipped with may not be taken out of such grounds. Hunting guns which hunters and herdsmen are equipped with may not be taken out of the hunting zones or the pastoral areas.

第三章 槍支的制造和民用槍支的配售

Chapter 3 Manufacture of Guns and Rationed Sale of Guns for Civilian Use

第十三條   國家對槍支的制造、配售實行特別許可制度。未經許可，任何單位或者個人不得制造、買賣槍支。

Article 13 The State applies a special permit system governing the manufacture and rationed sale of guns. Without permission, no entity or individual may manufacture or trade in guns.

第十四條   公務用槍，由國家指定的企業制造。

Article 14 Guns used for the discharge of official duties shall be manufactured by enterprises designated by the State.

第十五條   制造民用槍支的企業，由國務院有關主管部門提出，由國務院公安部門確定。

Article 15 Enterprises that are to manufacture guns for civilian use shall be proposed by the relevant competent department under the State Council and determined by the public security department under the State Council.

配售民用槍支的企業，由省級人民政府公安機關確定。

Enterprises that are to engage in rationed sale of guns for civilian use shall be determined by the public security organ of a people's government at the provincial level.

制造民用槍支的企業，由國務院公安部門核發民用槍支制造許可證件。配售民用槍支的企業，由省級人民政府公安機關核發民用槍支配售許可證件。民用槍支制造許可證件、配售許可證件的有效期為三年；有效期屆滿，需要繼續制造、配售民用槍支的，應當重新申請領取許可證件。

Enterprises that manufacture guns for civilian use shall be issued, after verification, by the public security department under the State Council certificates permitting manufacture of guns for civilian use. Enterprises that engage in rationed sale of guns for civilian use shall be issued, after verification, by the public security organ of a people's government at the provincial level certificates permitting rationed sale of guns for civilian use. The certificate permitting manufacture of guns for civilian use and the certificate permitting rationed sale of guns for civilian use shall be valid for a period of three years. Enterprises that need to continue manufacture or rationed sale of guns for civilian use at the expiration of the certificates, shall make another application for issue of such certificates.

第十六條   國家對制造、配售民用槍支的數量，實行限額管理。

Article 16 The State applies a quota system governing the number of guns for civilian use to be manufactured and rationed for sale.

制造民用槍支的年度限額，由國務院林業、體育等有關主管部門、省級人民政府公安機關提出，由國務院公安部門確定並統一編制民用槍支序號，下達到民用槍支制造企業。

The annual quota for manufacture of guns for civilian use shall be proposed by the relevant competent departments of forestry and physical culture and sports under the State Council and the public security organs of the people's governments at the provincial level, and determined by the public security department under the State Council, which shall prepare the uniform serial numbers for such guns and allocate assignments to the enterprises manufacturing such guns.

配售民用槍支的年度限額，由國務院林業、體育等有關主管部門、省級人民政府公安機關提出，由國務院公安部門確定並下達到民用槍支配售企業。

The annual quota for rationed sale of guns for civilian use shall be proposed by the relevant competent departments of forestry and physical culture and sports under the State Council and the public security organs of the people's governments at the provincial level, and determined by the public security department under the State Council, which shall allocate assignments to the enterprises engaged in rationed sale of such guns.

第十七條   制造民用槍支的企業不得超過限額制造民用槍支，所制造的民用槍支必須全部交由指定的民用槍支配售企業配售，不得自行銷售。配售民用槍支的企業應當在配售限額內，配售指定的企業制造的民用槍支。

Article 17 Enterprises manufacturing guns for civilian use shall not turn out such guns in excess of the quota, all the guns they have manufactured shall be delivered to the enterprises designated for rationed sale of such guns and they shall not sell the guns themselves. Enterprises engaged in rationed sale of guns for civilian use shall, within the quota for rationed sale, sell such guns manufactured by the designated enterprises.

第十八條   制造民用槍支的企業，必須嚴格按照國家規定的技術標準制造民用槍支，不得改變民用槍支的性能和結構；必須在民用槍支指定部位鑄印制造廠的廠名、槍種代碼和國務院公安部門統一編制的槍支序號，不得制造無號、重號、假號的民用槍支。

Article 18 An enterprise must manufacture guns for civilian use strictly in conformity with the technical standards set by the State, it shall not alter the performance or structure of such guns. It shall have its name, the coded variety of the gun and the serial number prepared uniformly by the public security department under the State Council typecast in the designated parts of the gun; it shall not manufacture guns for civilian use without a number or with a duplicate or false number.

制造民用槍支的企業必須實行封閉式管理，采取必要的安全保衛措施，防止民用槍支以及民用槍支零部件丟失。

Enterprises manufacturing guns for civilian use shall be kept under close control, and necessary security measures shall be taken to prevent loss of such guns or their parts or components.

第十九條   配售民用槍支，必須核對配購證件，嚴格按照配購證件載明的品種、型號和數量配售；配售彈藥，必須核對持槍證件。民用槍支配售企業必須按照國務院公安部門的規定建立配售帳冊，長期保管備查。

Article 19 An enterprise engaged in rationed sale of guns for civilian use shall sell such guns after checking of the certificate of rationed purchase and strictly in accordance with the variety, type and number as stated in the certificate; the rationed sale of ammunition shall be conducted after checking of the certificate permitting the holding of guns. Enterprises engaged in rationed sale of guns for civilian use must, in accordance with the regulations of the public security department under the State Council, keep long-term account books for rationed sale for future examination.

第二十條   公安機關對制造、配售民用槍支的企業制造、配售、儲存和帳冊登記等情況，必須進行定期檢查；必要時，可以派專人駐廠對制造企業進行監督、檢查。

Article 20 Public security organs shall conduct regular inspection of the manufacture, rationed sale, and storage and book-keeping of the enterprises that manufactures or engages in rationed sale of guns for civilian use; when necessary, they may send their men specially to stay at the manufacturing enterprises for the purpose of supervision and inspection.

第二十一條   民用槍支的研制和定型，由國務院有關業務主管部門會同國務院公安部門組織實施。

Article 21 The relevant competent department under the State Council shall work together with the public security department under the State Council to arrange for development and finalizing the design of guns for civilian use.

第二十二條   禁止制造、銷售仿真槍。

Article 22 It is forbidden to manufacture and sell imitation guns.

第四章 槍支的日常管理

Chapter 4 Everyday Gun Control

第二十三條   配備、配置槍支的單位和個人必須妥善保管槍支，確保槍支安全。

Article 23 Units and individuals that are armed or equipped with guns must maintain the guns properly and ensure their safety.

配備、配置槍支的單位，必須明確槍支管理責任，指定專人負責，應當有牢固的專用保管設施，槍支、彈藥應當分開存放。對交由個人使用的槍支，必須建立嚴格的槍支登記、交接、檢查、保養等管理制度，使用完畢，及時收回。

Units that are armed or equipped with guns must explicitly define the responsibilities for control of guns, designate special persons to take charge of the guns, install strong facilities specially for keeping of the guns and have the guns and ammunition kept in separate places. With regard to guns for personal use, a strict control system must be established for registration, handing over, inspection and maintenance of the guns, and the guns must be taken back as soon as they are not to be used any more.

配備、配置給個人使用的槍支，必須采取有效措施，嚴防被盜、被搶、丟失或者發生其他事故。

With regard to guns armed or equipped for personal use, effective measures must be taken strictly to prevent their being stolen, robbed or lost, as well as other accidents.

第二十四條   使用槍支的人員，必須掌握槍支的性能，遵守使用槍支的有關規定，保證槍支的合法、安全使用。使用公務用槍的人員，必須經過專門培訓。

Article 24 Persons who use guns must know the performance of the guns, observe the relevant regulations governing the use of guns and guarantee that the guns are used lawfully and safely. Persons who use guns for the discharge of official duties must receive special training.

第二十五條   配備、配置槍支的單位和個人必須遵守下列規定：

Article 25 Units and individuals that are armed or equipped with guns must observe the following provisions:

（一）攜帶槍支必須同時攜帶持槍證件，未攜帶持槍證件的，由公安機關扣留槍支；

1. When carrying guns, they must have with them the certificates permitting the holding of guns; otherwise their guns shall be seized by public security organs;

（二）不得在禁止攜帶槍支的區域、場所攜帶槍支；

(II) They shall not carry guns in areas or places where it is prohibited to carry guns; and

（三）槍支被盜、被搶或者丟失的，立即報告公安機關。

(III) They shall report to public security organs once their guns are stolen, robbed or lost.

第二十六條   配備公務用槍的人員不再符合持槍條 件時，由所在單位收回槍支和持槍證件。

Article 26 When persons equipped with guns for the discharge of official duties no longer meet the qualifications for holding guns, the entities where they belong to shall take back the guns along with the certificates permitting the holding of guns.

配置民用槍支的單位和個人不再符合持槍條件時，必須及時將槍支連同持槍證件上繳核發持槍證件的公安機關；未及時上繳的，由公安機關收繳。

When units or individuals equipped with guns for civilian use no longer meet the qualifications for holding guns, they must immediately hand over the guns along with the certificates permitting the holding of guns to the public security organs that issued the certificates after verification. The guns that are not handed over promptly shall be taken over by the public security organs.

第二十七條   不符合國家技術標準、不能安全使用的槍支，應當報廢。配備、持有槍支的單位和個人應當將報廢的槍支連同持槍證件上繳核發持槍證件的公安機關；未及時上繳的，由公安機關收繳。報廢的槍支應當及時銷毀。

Article 27 Guns that do not measure up to the technical standards of the State and that cannot be used safely shall be reported as useless. The units and individuals that are equipped with or hold guns shall hand over the useless guns along with the certificates permitting the holding of guns to the public security organs that issued the certificates after verification. The guns that are not handed over promptly shall be taken over by the public security organs. Useless guns shall be destroyed without delay.

銷毀槍支，由省級人民政府公安機關負責組織實施。

Destruction of guns shall be arranged by public security organs of the people's governments at the provincial level.

第二十八條   國家對槍支實行查驗制度。持有槍支的單位和個人，應當在公安機關指定的時間、地點接受查驗。公安機關在查驗時，必須嚴格審查持槍單位和個人是否符合本法規定的條件，檢查槍支狀況及使用情況；對違法使用槍支、不符合持槍條件或者槍支應當報廢的，必須收繳槍支和持槍證件。拒不接受查驗的，槍支和持槍證件由公安機關收繳。

Article 28 The State applies an inspection system for guns. Units and individuals that hold guns shall undergo inspection at the time and place as designated by public security organs. When conducting inspection, the public security organs shall examine whether the Entities and individuals that hold the guns meet the qualifications as prescribed by this Law, and the condition and use of the guns. Guns that are used unlawfully, that are held by people who do not meet the qualifications for holding guns or that should be reported as useless must be taken over as well as the certificates permitting the holding of guns. Entities or individuals that refuse to undergo inspection, their guns and their certificates permitting the holding of guns shall be taken over by public security organs.

第二十九條   為了維護社會治安秩序的特殊需要，經國務院公安部門批準，縣級以上地方各級人民政府公安機關可以對局部地區合法配備、配置的槍支采取集中保管等特別管制措施。

Article 29 In case of special need for maintaining public security and order, public security organs of the local people's governments at or above the county level may, with approval of the public security department under the State Council, take special control measures for guns lawfully armed or equipped in certain areas, such as concentrated preservation of the guns.

第五章 槍支的運輸

Chapter 5 Transport of Guns

第三十條   任何單位或者個人未經許可，不得運輸槍支。需要運輸槍支的，必須向公安機關如實申報運輸槍支的品種、數量和運輸的路線、方式，領取槍支運輸許可證件。在本省、自治區、直轄市內運輸的，向運往地設區的市級人民政府公安機關申請領取槍支運輸許可證件；跨省、自治區、直轄市運輸的，向運往地省級人民政府公安機關申請領取槍支運輸許可證件。

Article 30 Without permission, no unit or individual may transport guns. Any unit or individual that needs to transport guns must submit an application to the public security organ, in which the variety and number of the guns and the route and means of transport shall be truthfully stated, and must have a permit for transport of guns. If the guns are to be transported within a province, autonomous region or municipality directly under the Central Government, an application for issue of a permit for transport of guns shall be submitted to the public security organ of the people's government of the city divided into districts under the jurisdiction of which is the place of delivery. If the guns are to be transported across provinces, autonomous regions or municipalities directly under the Central Government, an application for issue of a permit for transport of guns shall be submitted to the public security organ of the people's government at the provincial level under the jurisdiction of which is the place of delivery.

沒有槍支運輸許可證件的，任何單位和個人都不得承運，並應當立即報告所在地公安機關。

Units and individuals that do not have permits for transport of guns shall not undertake transport of guns but shall report the matter immediately to the local public security organs.

公安機關對沒有槍支運輸許可證件或者沒有按照槍支運輸許可證件的規定運輸槍支的，應當扣留運輸的槍支。

The public security organs shall seize the guns that are transported without a permit for transport of guns or at variance with the particulars stated in the permit for transport of guns.

第三十一條   運輸槍支必須依照規定使用安全可靠的封閉式運輸設備，由專人押運；途中停留住宿的，必須報告當地公安機關。

Article 31 Safe, reliable and closed transport facilities shall be used for transport of guns and the transport shall be escorted by professional people, as is required by regulations; where it is necessary to stop overnight on the way, the local public security organ must be informed of the matter.

運輸槍支、彈藥必須依照規定分開運輸。

Guns and ammunition must be transported separately, as is required by regulations.

第三十二條   嚴禁郵寄槍支，或者在郵寄的物品中夾帶槍支。

Article 32 It is forbidden to mail guns or mail them in the midst of other postal materials.

第六章 槍支的入境和出境

Chapter 6 Entry and Exit of Guns

第三十三條   國家嚴格管理槍支的入境和出境。任何單位或者個人未經許可，不得私自攜帶槍支入境、出境。

Article 33 The State exercises strict control over guns with which people enter or leave the country. Without permission, no entity or individual shall enter or leave the country with guns.

第三十四條   外國駐華外交代表機構、領事機構的人員攜帶槍支入境，必須事先報經中華人民共和國外交部批準；攜帶槍支出境，應當事先照會中華人民共和國外交部，辦理有關手續。

Article 34 If persons of foreign diplomatic missions or consulates are to enter the territory of China with guns, they must apply to the Ministry of Foreign Affairs of the People's Republic of China for approval in advance; and if they are to leave China with guns, they shall present a note to the Ministry of Foreign Affairs of the People's Republic of China and go through the relevant formalities in advance.

依照前款規定攜帶入境的槍支，不得攜帶出所在的駐華機構。

Guns brought into the territory of China in accordance with the provisions of the preceding paragraph shall not be carried out of the missions or consulates in China.

第三十五條   外國體育代表團入境參加射擊競技體育活動，或者中國體育代表團出境參加射擊競技體育活動，需要攜帶射擊運動槍支入境、出境的，必須經國務院體育行政主管部門批準。

Article 35 When sports delegations of other countries enter China to take part in target shooting competitions or Chinese sports delegations leave China to take part in such competitions and thus need to take their sports guns along with them, they shall seek approval of the competent administrative department for physical culture and sports under the State Council.

第三十六條   本法第三十四條、第三十五條規定以外的其他人員攜帶槍支入境、出境，應當事先經國務院公安部門批準。

Article 36 Persons, other than the ones mentioned in Articles 34 and 35 of this Law, who are to enter or leave the country with guns shall seek approval of the public security department under the State Council beforehand.

第三十七條   經批準攜帶槍支入境的，入境時，應當憑批準文件在入境地邊防檢查站辦理槍支登記，申請領取槍支攜運許可證件，向海關申報，海關憑槍支攜運許可證件放行；到達目的地後，憑槍支攜運許可證件向設區的市級人民政府公安機關申請換發持槍證件。

Article 37 When persons who have obtained approval of entering the country with guns enter the country, they shall, by producing the documents of approval, go through registration procedure for the guns with the frontier inspection station at the place of entry, apply for the issue of the certificate permitting the carrying of guns, and declare the guns to the Customs, which shall let them go after checking the certificates. After reaching their places of destination, they shall, by producing the certificates permitting the carrying of guns, apply to the public security organ of the people's government of a city divided into districts in order to exchange their certificates permitting the carrying of guns for certificates permitting the holding of guns.

經批準攜帶槍支出境的，出境時，應當憑批準文件向出境地海關申報，邊防檢查站憑批準文件放行。

When persons who have obtained approval of leaving the country with guns leave the country, they shall, by producing the documents of approval, declare the guns to the Customs at the place of departure, and the frontier inspection station shall let them go after checking the documents.

第三十八條   外國交通運輸工具攜帶槍支入境或者過境的，交通運輸工具負責人必須向邊防檢查站申報，由邊防檢查站加封，交通運輸工具出境時予以啟封。

Article 38 When guns are carried by foreign means of transport into or out of the country, the persons who are responsible for the means of transport must apply to the frontier inspection station for sealing of the means of transport, which shall be unsealed at the time it leaves the country.

第七章 法律責任

Chapter 7 Legal Liabilities

第三十九條   違反本法規定，未經許可制造、買賣或者運輸槍支的，依照刑法有關規定追究刑事責任。

Article 39 Any unit or individual that, in violation of the provisions of this Law, manufactures, trades in or transports guns without permission shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

單位有前款行為的，對單位判處罰金，並對其直接負責的主管人員和其他直接責任人員依照刑法有關規定追究刑事責任。

The unit that commits any violations mentioned in the preceding paragraph shall be fined, and the persons who are directly in charge of the unit and other persons who are directly responsible for the violations shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

第四十條   依法被指定、確定的槍支制造企業、銷售企業，違反本法規定，有下列行為之一的，對單位判處罰金，並對其直接負責的主管人員和其他直接責任人員依照刑法有關規定追究刑事責任；公安機關可以責令其停業整頓或者吊銷其槍支制造許可證件、槍支配售許可證件：

Article 40 If, in violation of the provisions of this Law, the enterprises designated or determined pursuant to law for manufacturing or selling guns commit any of the following acts, they shall be fined, and the persons who are directly in charge of the enterprises and other persons who are directly responsible for the act shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; public security organs may order the enterprises to suspend operation for rectification or revoke the certificates permitting manufacture of guns or rationed sale of guns:

（一）超過限額或者不按照規定的品種制造、配售槍支的；

1. to manufacture or sell guns in excess of the quotas or at variance with the variety prescribed;

（二）制造無號、重號、假號的槍支的；

2. to manufacture guns without numbers or with duplicate or false numbers; or

（三）私自銷售槍支或者在境內銷售為出口制造的槍支的。

(III) to sell, without authorization, guns or sell guns in the country that are manufactured for export.

第四十一條   違反本法規定，非法持有、私藏槍支的，非法運輸、攜帶槍支入境、出境的，依照刑法有關規定追究刑事責任。

Article 41 Any person who, in violation of the provisions of this Law, illegally possesses or conceals guns or illegally transports or carries guns into or out of the country shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.

第四十二條   違反本法規定，運輸槍支未使用安全可靠的運輸設備、不設專人押運、槍支彈藥未分開運輸或者運輸途中停留住宿不報告公安機關，情節嚴重的，依照刑法有關規定追究刑事責任；未構成犯罪的，由公安機關對直接責任人員處十五日以下拘留。

Article 42 Whoever, when transporting guns, fails to use safe and reliable transport facilities, or send escorts, or separate the guns from ammunition, or report to the public security organ for stopping overnight on the way, if the violation is serious, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if the violation does not constitute a crime, the person who is directly responsible for the violation shall be detained by the public security organ for not more than 15 days.

第四十三條   違反槍支管理規定，出租、出借公務用槍的，依照刑法有關規定處罰。

Article 43 Whoever, in violation of the regulations governing control of guns, leases or loans guns that are used for the discharge of official duties shall be punished by reference to the relevant provisions of the Criminal Law.

單位有前款行為的，對其直接負責的主管人員和其他直接責任人員依照前款規定處罰。

If a unit commits an act mentioned in the preceding paragraph, the persons who are directly in charge of the unit and the other persons who are directly responsible for the act shall be punished in accordance with the provisions of the preceding paragraph.

配置民用槍支的單位，違反槍支管理規定，出租、出借槍支，造成嚴重後果或者有其他嚴重情節的，對其直接負責的主管人員和其他直接責任人員依照刑法有關規定處罰。

If, in violation of the regulations governing control of guns, an entity that is equipped with guns for civilian use leases or loans such guns and has thus led to grave consequences, or if other serious violations are involved, the persons who are directly in charge of the entity and other persons who are directly responsible for the violation shall be punished in accordance with the relevant provisions of the Criminal Law.

配置民用槍支的個人，違反槍支管理規定，出租、出借槍支，造成嚴重後果的，依照刑法有關規定處罰。

If, in violation of the regulations governing control of guns, an individual who is equipped with guns for civilian use, leases or loans such guns and has thus led to grave consequences, he shall be punished in accordance with the relevant provisions of the Criminal Law.

違反槍支管理規定，出租、出借槍支，情節輕微未構成犯罪的，由公安機關對個人或者單位負有直接責任的主管人員和其他直接責任人員處十五日以下拘留，可以並處五千元以下罰款；對出租、出借的槍支，應當予以沒收。

If, in violation of the regulations governing control of guns, a unit or individual leases or loans guns and if the violation is of a minor nature and does not constitute a crime, the public security organ shall detain for not more than 15 days the individual or the persons who are directly in charge of the unit and other persons who are directly responsible for the violation and may also impose a fine of not more than 5,000 yuan; and it shall confiscate the guns leased or loaned.

第四十四條   違反本法規定，有下列行為之一的，由公安機關對個人或者單位負有直接責任的主管人員和其他直接責任人員處警告或者十五日以下拘留；構成犯罪的，依法追究刑事責任：

Article 44 If an individual or unit that, in violation of the provisions of this Law, commits any of the following acts, the public security organ shall serve a disciplinary warning on the individual or the persons who are directly in charge of the unit and other persons who are directly responsible for the violation or detain the individual or persons for not more than 15 days; if the violation constitutes a crime, criminal responsibility shall be investigated in accordance with law:

（一）未按照規定的技術標準制造民用槍支的；

1. to manufacture guns for civilian use at variance with the prescribed technical standards;

（二）在禁止攜帶槍支的區域、場所攜帶槍支的；

2. to carry guns in areas or places where it is forbidden to carry guns;

（三）不上繳報廢槍支的；

(III) to fail to hand over guns that are reported as useless;

（四）槍支被盜、被搶或者丟失，不及時報告的；

(IV) it fails to report immediately after guns are stolen, robbed or lost; or

（五）制造、銷售仿真槍的。

(V) to manufacture or sell imitation guns.

有前款第（一）項至第（三）項所列行為的，沒收其槍支，可以並處五千元以下罰款；有前款第（五）項所列行為的，由公安機關、工商行政管理部門按照各自職責範圍沒收其仿真槍，可以並處制造、銷售金額五倍以下的罰款，情節嚴重的，由工商行政管理部門吊銷營業執照。

If a person commits one of the acts mentioned in Items (1) through (3) of the preceding paragraph, his guns shall be confiscated and he may also be fined not more than 5,000 yuan. If a person commits one of the acts mentioned in Item (5) of the preceding paragraph, the public security organ and the administrative department for industry and commerce shall, within the scope of their respective functions, confiscate the imitation guns and may also impose a fine of not more than five times the amount of money spent on their manufacture or sale; if the circumstances are serious, the administrative department for industry and commerce shall revoke the person's business license.

第四十五條   公安機關工作人員有下列行為之一的，依法追究刑事責任；未構成犯罪的，依法給予行政處分：

Article 45 If a member of the public security organ commits one of the following acts, he shall be investigated for criminal responsibility according to law; if the act does not constitute a crime, he shall be given an administrative sanction in accordance with law:

（一）向本法第五條、第六條規定以外的單位和個人配備、配置槍支的；

1. to arm or equip with guns units or individuals other than the ones as prescribed in Articles 5 and 6 of this Law;

（二）違法發給槍支管理證件的；

2. to issue certificates for gun control illegally;

（三）將沒收的槍支據為己有的；

3. to take confiscated guns into his own possession; or

（四）不履行槍支管理職責，造成後果的。

(IV) to lead to bad consequences by failing to perform his duties for gun control.

第八章 附則

Chapter 8 Supplementary Provisions

第四十六條   本法所稱槍支，是指以火藥或者壓縮氣體等為動力，利用管狀器具發射金屬彈丸或者其他物質，足以致人傷亡或者喪失知覺的各種槍支。

Article 46 For purposes of this Law, the word "guns" means the various kinds of guns that, with gunpowder or compressed gas as the propelling force and with a barrel for projecting metal bullets or other substances, can readily inflict injury upon people, cause death or render them unconscious.

第四十七條   單位和個人為開展遊藝活動，可以配置口徑不超過４.５毫米的氣步槍。具體管理辦法由國務院公安部門制定。

Article 47 Units and individuals that facilitate recreational activities may be equipped with air rifles of a caliber not exceeding 4.5 mm. The specific administrative measures shall be formulated by the public security department under the State Council.

制作影視劇使用的道具槍支的管理辦法，由國務院公安部門會同國務院廣播電影電視行政主管部門制定。

Measures for gun control used as props for production of films and television plays shall be formulated by the public security department under the State Council together with the radio, film and television administration department under the State Council.

博物館、紀念館、展覽館保存或者展覽槍支的管理辦法，由國務院公安部門會同國務院有關行政主管部門制定。

Measures for gun control preserved or displayed in museums, memorial halls and exhibition halls shall be formulated by the public security department under the State Council together with the relevant competent administrative department under the State Council.

第四十八條   制造、配售、運輸槍支的主要零部件和用於槍支的彈藥，適用本法的有關規定。

Article 48 The relevant provisions of this Law apply to the manufacture, rationed sale and transport of the main parts or components of guns and of the ammunition for the guns.

第四十九條   槍支管理證件由國務院公安部門制定。

Article 49 Certificates for control of guns shall be made by the public security department under the State Council.

第五十條   本法自1996年10月1日起施行。

Article 50 This Law shall go into effect as of October 1, 1996.