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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1993-12-25 | Effective Date | 1994-03-01 |
|
Measures of the People's Republic of China for the Control of Hunting Rifles and Ammunition |
|---|
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 Article 6 Hunting rifles and ammunition are produced and supplied It is strictly forbidden for individuals to produce, remake or Article 7 Hunting rifles and ammunition are produced by quota. The competent department of forestry administration of the State The enterprises producing hunting rifles and ammunition shall organize Article 8 Hunting rifles and ammunition must be up to the standard It is forbidden for hunting rifles and ammunition not up to the standard Article 9 The production of the new style hunting rifles and ammunition Article 10 The competent department of forestry administration of the Article 11 The type and the amount of hunting rifles and ammunition for Article 12 Hunting rifles and ammunition are sold by the designated The unit managing the sale of hunting rifles and ammunition must first Article 13 The unit managing the sale of hunting rifles and ammunition Article 14 If the hunting rifles and ammunition produced for export Article 15 Those who need to purchase hunting rifles and ammunition for The amount of hunting rifles and ammunition for purchase approved by the The purchase permits can only be used within the area of the province, Article 16 The unit managing the sale of hunting rifles and ammunition Article 17 Those who have purchased hunting rifles shall, with their Article 18 Aliens who need to purchase hunting rifles and ammunition Article 19 The firearm-carrying personnel for hunting shall carry with Article 20 The units and individuals concerned shall carefully keep and Article 21 The hunting rifles and ammunition held by individuals must Article 22 To present as a gift or transfer hunting rifles and ammunition Article 23 Those who receive hunting rifles and ammunition presented as Article 24 The State puts into effect the system of inspection and disuse Article 25 Those who transport hunting rifles and ammunition shall apply The public security organ which issues the purchasing permit of hunting Article 26 Those who carry hunting rifles and ammunition out of the city Article 27 As for those aliens who come inside the border of the People's Aliens carrying hunting rifles and ammunition across the border must apply Article 28 The transport enterprises of railway, communication and civil It is strictly forbidden for passengers to carry with them hunting rifles Article 29 Those who violate the regulations of these Measures with one (1) To produce hunting rifles and ammunition without permission; (2) To produce hunting rifles and ammunition not of the type stipulated or (3) To produce, remake or assemble hunting rifles by individuals; (4) To manage the sale of hunting rifles and ammunition or to be involved (5) To illegally transport or carry hunting rifles and ammunition; (6) To illegally hold, use, store, conceal, rent, borrow, present as a Those who are involved in one of the above-mentioned deeds which Article 30 If the enterprise producing hunting rifles and ammunition If the enterprise managing the sale of hunting rifles and ammunition fails Article 31 If the party concerned refuses to accept the administrative Article 32 If the employees of the competent department of wildlife Article 33 The import and export of hunting rifles and ammunition and Article 34 These Measures shall be interpreted by the competent Article 35 These Measures shall become effective on March 1, 1994.
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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
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.
assemble hunting rifles.
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 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.
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.
stipulated by the State to leave the factory.
must be approved by the competent department of forestry administration of
the State Council.
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
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.
unit.
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.
shall neither sell beyond the annual quota nor sell the hunting rifles and
ammunition produced by those enterprises without production permits.
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.
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.
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.
autonomous region or municipality directly under the Central Government.
Those who purchase hunting rifles shall follow the rule of one rifle per
permit.
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.
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.
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
them the firearm license and special hunting and capture permit or hunting
permit.
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.
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.
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.
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.
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
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.
rifles and ammunition can accordingly issue the transport permit
simultaneously.
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.
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.
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.
aviation can deal with the procedure for shipping hunting rifles and
ammunition by the transport permit.
and ammunition on civil airliners, passenger ships and trains.
Chapter VI Regulations of Penalty
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".
beyond the production quota allotted;
in the illegal dealing of hunting rifles and ammunition;
gift or transfer hunting rifles and ammunition.
constitute a crime should be investigated for their responsibility for the
crime according to law.
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.
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.
penalty as final, the party can apply for a reconsideration 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.
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
the administration of the hunting rifles and ammunition used in
target-shooting sports shall follow the related regulations issued by the
State.
department of forestry administration of the State Council and the department
of public security.
URL: http://www.asianlii.org/cn/legis/cen/laws/mftcohraa552