Firearm ownership law in China

Firearm ownership law in the People's Republic of China heavily regulates the ownership of firearms. Generally, private citizens are not allowed to possess firearms.

History

During the Ming and Qing dynasties matchlock muskets were used in China. The Chinese used the term "bird-gun" to refer to muskets.[1]

In the work 廣東新語 Guangdong xinyu, Cantonese scholar Qu Dajun 屈大均 recorded the use of guns 鳥鎗 by Cantonese boys in Guangdong province:[2][3][4]

"粤人善鸟枪，山县民儿生十岁即授鸟枪一具，教之击鸟。久之，精巧命中，置于肘上背物而击之，百步外钱孔可贯。鸟枪以新会所造为精，枪成置于掌上，击物而枪 不动，掌亦无损。然后架之于肘用之，其人在前，则转身而横击之，无不妙中。枪既锤炼精熟，夜必悬于墙，否则曲而不直。引药又宜长带在身，使人气温暖，方易 著火。炭则以糯谷为之，盖沙炮贵长，鸟枪贵轻，而药皆宜干燥。此外有三眼枪者，有置于刀枪之末，本末互用者，有交枪者。其曰瓜哇铳者，形如强弩，以绳悬络 肩上，遇敌万铳齐发，贯甲数重。其曰沙炮者，以百炼精铁为之。长者一丈五六，或二丈。每一发可毙人于三箭地外。其为制也，皮宜厚，腹宜光滑，口宜稍大于 身，使弹子易于喷撒。弹子多至升许，一发毙数十百人。杂以快钯藤盾，长短相救，用之战阵，可以每战辄无敌矣。"－－［南越笔记 ］

The Solons were ordered by the Qianlong Emperor to stop using rifles and instead practice traditional archery issuing an edict for silver taels to be issued for guns to turned over to the government:[5]

我滿洲本業。原以馬步騎射為主。凡圍獵不需鳥鎗。惟用弓箭。即索倫等圍獵。從前并不用鳥鎗。今聞伊等、不以弓箭為事。惟圖利便。多習鳥鎗。夫圍獵用弓箭。乃從前舊規。理宜勤習。况索倫等皆獵獸之人。自應精於弓箭。故向來於精銳兵丁內、尤稱手快。伊等如但求易於得獸。久則弓箭舊業。必致廢弛。將此寄知將軍傅爾丹、令其嚴行傳諭索倫等。此後行圍 。務循舊規。用弓箭獵獸。將現有鳥鎗。每鎗給銀一兩。槩行收回。想伊等鳥鎗。亦有來處。并非自造。今既行禁止。必須察明實數收貯。著傅爾丹上緊留心察收。收回後、嚴禁偷買自造。查出即行治罪。仍曉諭索倫等、今收回鳥鎗者。特因爾等圍獵。不用弓箭。習學鳥鎗者過多。皇上欲爾等不棄舊規。仍復本業。爾等應體皇上憐憫訓導至意。凡遇圍獵。毋用鳥鎗。仍前專用弓箭。務復舊習。不但超列優等。而善馬步射者。可被恩陞用侍衛等官。將此明白曉諭之。

Arrows and bows instead of muskets were also demanded in Jilin of Manchu Bannermen by the Jiaqing Emperor.[6]

"The Family Magazine" stated in 1837 that "The possession of firearms is altogether forbidden by the jealous government, as may be seen from the following extract from a Peking gazette:—" For the people to have firearms in their possession, is contrary to law, and orders have already been issued to each provincial government to fix a period, within which all matchlocks belonging to individuals should be bought up at a valuation With regard to those firearms which are in immediate use for the safeguard of the country, the said governour has already directed the proper officers to carve on every matchlock the name of the person to whom it is delivered, and to preserve a general register of the whole. Let the governour also give strict charge to make diligent search, and prevent the illicit storing up of firearms for the future ; and let the workers in iron be rigidly looked after, lest they clandestinely manufacture and sell them ; the evil may thus be cut off in its commencement. Those officers who have made full and complete musters within the limited period, the governour is directed to notice properly as an encouragement to others." Those Chinese near Canton, who employ themselves in shooting wild-fowl for sale, are said to belong mostly to the militia of the province."[7]

During the New Policies Reform era of the late Qing, the government allowed the ordinary civilians to own firearms (matchlock or modern foreign gun) for self-defense. This policy has been lasted until the foundation of the People's Republic of China in 1949.

In Taiwan under Qing rule the Hakka on Taiwan owned matchlock muskets. Han people traded and sold matchlock muskets to the Taiwanese aborigines. The Aboriginals used their matchlock muskets to defeat the Americans in the Formosa Expedition. During the Sino-French War the Hakka and Aboriginals used their matchlock muskets against the French in the Keelung Campaign and Battle of Tamsui.

The Hakka used their matchlock muskets to resist the Japanese invasion of Taiwan (1895) and Han Taiwanese and Aboriginals conducted an insurgency against Japanese rule.

During Japan's rule on Taiwan, Japan implemented anti-gun laws against the Taiwanese aborigines. This led to the outbreak of armed insurrection by Aboriginals against the Japanese in response to the Japanese confiscating Aboriginal guns. The Bunun and Atayal were described as the "most ferocious" Aboriginals, and police stations were targeted by Aboriginals in intermittent assaults.[8] By January 1915, all Aboriginals in northern Taiwan were forced to hand over their guns to the Japanese, however head hunting and assaults on police stations by Aboriginals still continued after that year.[9][10] Between 1921 to 1929 Aboriginal raids died down, but a major revival and surge in Aboriginal armed resistance erupted from 1930–1933 for four years during which the Wushe Incident occurred and Bunun carried out raids, after which armed conflict again died down.[11] According to a 1933-year book, wounded people in the Japanese war against the Aboriginals numbered around 4,160, with 4,422 civilians dead and 2,660 military personnel killed.[12] According to a 1935 report, 7,081 Japanese were killed in the armed struggle from 1896–1933 while the Japanese confiscated 29,772 Aboriginal guns by 1933.[13] The Bunun Aboriginals under Chief Raho Ari 拉荷·阿雷 (lāhè· āléi) engaged in guerilla warfare against the Japanese for twenty years. Raho Ari's revolt, called the Dafen incident w:zh:大分事件 was sparked when the Japanese implemented a gun control policy in 1914 against the Aboriginals in which their rifles were impounded in police stations when hunting expeditions were over. The revolt began at Dafen when a police platoon was slaughtered by Raho Ari's clan in 1915. A settlement holding 266 people called Tamaho was created by Raho Ari and his followers near the source of the Laonong River and attracted more Bunun rebels to their cause. Raho Ari and his followers captured bullets and guns and slew Japanese in repeated hit and run raids against Japanese police stations by infiltrating over the Japanese "guardline" of electrified fences and police stations as they pleased.[14]

Modern era

Firearms can be used by law enforcement, the military and paramilitary, 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 organisations, hunting reserves, and wildlife protection, management and research organizations. The chief exception to the general ban for individual gun ownership is for the purpose of hunting.[15]

Individuals who hold hunting permits can apply to purchase and hold firearms for the purpose of hunting.[16] Illegal possession or sale of firearms may result in a minimum punishment of 3 years in prison, with the maximum being the death penalty.[17]

The possession of traditional smoothbore blackpowder muskets is allowed to some Miao hill people, the so-called Miao gun tribes, as an essential element of traditional dress and culture,[18] however possession of gunpowder is regulated.

Special Administrative Regions

Firearm ownership in the Special Administrative Regions of Hong Kong and Macau 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 and import/exporting airsoft guns with a muzzle energy not above two joules of kinetic energy is legal to citizens in China's SARs.

Firearms control was inherited during British and Portuguese rule 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.[19] Those found in possession without a license could be fined HKD$100,000 and imprisonment for up to 14 years.[20]

See also

References

  1. ↑ Kenneth Warren Chase (7 July 2003). Firearms: A Global History to 1700. Cambridge University Press. pp. 144–. ISBN 978-0-521-82274-9.
  2. ↑ https://escholarship.org/uc/item/3pk3t096 203-204
  3. ↑ 《廣東新語》卷十六，《器語》
  4. ↑ "廣東新語/卷02". Retrieved 26 March 2016.
  5. ↑ "Gun Control, Qing Style". Manchu Studies Group. Retrieved 26 March 2016.
  6. ↑ Edward J. M. Rhoads (2000). Manchus and Han: Ethnic Relations and Political Power in Late Qing and Early Republican China, 1861–1928. University of Washington Press. pp. 57–. ISBN 978-0-295-98040-9.
  7. ↑ The Family Magazine. J. A. James & Company. 1837. pp. 309–.
  8. ↑ The Japan Year Book 1937, p. 1004.
  9. ↑ The Japan Year Book 1937, p. 1004.
  10. ↑ ed. Inahara 1937, p. 1004.
  11. ↑ ed. Lin 1995, p. 84.
  12. ↑ The Japan Year Book 1933, p. 1139.
  13. ↑ Japan's progress number ... July, 1935, p. 19.
  14. ↑ Crook 2014, p. 16.
  15. ↑ "中华人民共和国枪支管理法 (Firearm Administration Law of the People's Republic of China)".
  16. ↑ "中华人民共和国猎枪弹具管理办法 (Hunting Firearm, Ammunition and Equipment Administration Regulation of the People's Republic of China)".
  17. ↑ "China Reiterates Stance on Gun Control".
  18. ↑ Lee, Jason (23 August 2013). "China's Last Armed Village". Reuters. Retrieved 16 May 2015.
  19. ↑ "Do not carry restricted items in Hong Kong". Retrieved 26 March 2016.
  20. ↑ "CAP 238 FIREARMS AND AMMUNITION ORDINANCE s 13 Possession of arms or ammunition without licence". Retrieved 26 March 2016.
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