China is amending its public security law to include penalties on those who carry replica guns in public, which it considers a threat to public security.
China has a strict but controversial gun policy. Many military enthusiasts unwittingly end up in hot water for buying guns that are considered toys in other parts of the world, but are seen as deadly weapons by Chinese authorities.
In a document released in 2010 by the Ministry of Public Security (MPS), an illegal firearm was defined as guns that are able to fire bullets with a specific kinetic energy of over 1.8 joules per square centimeter. However, the minimum specific kinetic energy needed to penetrate human skin is 16 joules per square centimeter.
The MPS said that it is currently soliciting public opinions and feedback on the draft of the revised Public Security Management and Punishment Law.
The draft states that those who carry restricted weapons or replica guns in public could face a period in detention from five to 10 days. Those who fabricate, trade, transport, mail, store or possess air guns or rifles will be detained for up to 15 days and fined a maximum of 5,000 yuan.
Zhou Yuzhong, a lawyer from the Yingke Law Firm who specializes in replica gun cases, said it is a step forward that the revised draft introduces the idea of replica guns as the current law does not differentiate on gun types.
"However, the draft law stops short of clarifying the definition of replica guns. The commonly used definition of a replica gun in China is one with a specific kinetic energy between 0.16 to 1.8 joules per square centimeter. Any toy gun that is able to fire something will be included. It would wipe the entire toy gun business out," Zhou said.
He recommended that China adopts a more detailed classification management system on guns and defines replica guns between 0.16 to 1.8 joules per square centimeter as toys.
Separately, the revised draft increases the maximum punishment for people who acquire clients for prostitutes from five days' detention to 15 days and raises the fine from 1,000 yuan to 5,000 yuan.
The draft also introduces a new clause stipulating that hotels, massage parlors, bathhouses or KTVs that allow acts of prostitution, gambling or drug dealing will see their licenses revoked and be fined up to 100,000 yuan. Those in charge of the venues will be detained for up to 15 days.
China is amending its public security law to include penalties on those who carry replica guns in public, which it considers a threat to public security.
