In the wake of a slew of cases involving the use of modified imitation firearms, Premier Su Tseng-chang (蘇貞昌) yesterday approved draft amendments to the Controlling Guns, Ammunition and Knives Act (槍砲彈藥刀械管制條例).
The proposals seek to include nonconventional firearms in the definition of firearms, which would expand the act’s scope to cover imitation firearms.
People convicted of manufacturing, transporting or selling conventional or nonconventional firearms could face a prison term of five years to life — depending on the types of weapons — and a fine of up to NT$30 million (US$965,748), the proposals state.
As some manufacturers have tried to exploit a legal loophole by manufacturing and selling weapons that are identical to real guns except that they lack firing pins, the proposals seek to stiffen the definition of imitation guns.
The proposed amendment states that any item that has the appearance, structure or material of a real gun, has a gunpowder firing mechanism and can be modified to kill or wound should be categorized as an imitation gun.
All imitation firearms should be confiscated, except those made for export or for research and development purposes, in which case police permission must be obtained, the amendments state.
The manufacture, sale, transport, or transfer of unmodified imitation guns would be punishable by a maximum fine of NT$1.5 million, while those who rent, borrow, possess, hide or intend to sell imitation guns could be fined NT$100,000.
Those that modify imitation guns to the point where they can fire bullets or metal objects, but are not considered to be lethal or able to inflict injuries, would face a maximum fine of NT$200,000.
People who rent or borrow modified imitation firearms — a type of nonconventional firearm — if convicted, would face a prison term of five years to life and a fine of up to NT$10 million, the draft amendments state.
National Police Agency Senior Specialist Feng Chiang-sheng (馮強生) said the planned amendments target imitation firearms with gunpowder firing mechanisms, not toy guns such as airsoft guns, which would not be affected by the proposed changes.
Criminal Investigation Bureau Commissioner Huang Ming-chao (黃明昭) said that if the proposed amendments pass a third reading, a list would be published to inform the public of which types of off-the-shelf imitation guns are banned.
The National Police Agency would train officers to differentiate between airsoft guns and restricted items, so survival games and re-enactment hobbyists do not need to fear that they would be affected, Huang said.
In addition, collectors of militaria who own imitation guns would not have their collection confiscated or face fines as long as they register their collections with the police, he said.
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