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A Henan court auctions BB toy guns

Recently, some netizens discovered that the Xinxian County Court of Xinyang City, Henan Province has auctioned off a batch of toy guns that can fire "airsoft bb" online.

The Paper saw on a judicial auction website that the Xinxian Court auctioned 25 toy guns in two auctions on December 28, 2016 and October 30, 2016, including "Anti-terrorist Sniper Guns" and "Marksman Model Guns" ", "Crossing the line of fire SVD model gun" and so on.

   In response, a judge from the Xinxian court said that these were plastic toy guns used by children, but the price was appraised and the “muzzle specific kinetic energy” was not appraised.

  A toy gun capable of firing "BB shots" from the court

According to a judicial auction website, the New County Court auctioned 25 toy guns in two auctions on December 28, 2016 and October 30, 2016, including “counter-terrorist sniper guns”, “marksman model guns”, and “cross-fire SVD models”. Gun" and so on.

   The bidding announcement issued by the New County Court showed that, except for the "CYMA-P.661B Model Gun", which has a starting price of 30 yuan, the other toy guns are all 15 yuan. At present, the above two auctions have ended. The highest transaction price is a "Crossfire M2015-3 model gun". The starting price of the subject was 15 yuan, and it was finally sold at 205 yuan.

   The photos of the subject matter published in the auction announcement show that some model guns are marked with words such as "suitable for ages over 18", "use 6mmBB bullets", and "do not shoot at people or animals". The Paper noted that in an opened box of "Cross Fire SVD Model Gun", there is also a pack of yellow "BB bullets".

Some of the toy gun packages of the New County Court’s online auctions are marked with the words "suitable for ages over 18", "use 6mmBB bullets", and "do not shoot at people or animals".

   On January 3, 2017, a judge from the Xinxian County Court told The Paper: "These are plastic toy guns, the kind used for children, fake bullets. I have sold a few before and there is no problem."

   In response to the surging news, whether the court had assessed the "muzzle specific kinetic energy" of these toy guns, the judge responded that: "I didn't consider that much, just got the price appraisal center for price appraisal."

  "Muzzle specific kinetic energy" refers to the ratio of the kinetic energy of the projectile when it is near the muzzle of the projectile to the cross-sectional area of the projectile. The "Forensic Scientific Appraisal Criteria for Firearms Injury Force" issued by the Ministry of Public Security and implemented on March 1, 2008 stipulates that "the injury force criterion for non-standard guns that did not cause casualties is that the muzzle specific kinetic energy ≥ 1.8 Joules/ Square centimeters".

There is also a pack of yellow "BB bullets" in a box of "Crossing the Line of Fire SVD Model Gun" that has been opened.

In 2010, the Ministry of Public Security issued the "Regulations on the Performance Appraisal of Firearms and Ammunition Involved in Public Security Organs", which stipulated that for non-standard guns that cannot fire standard ammunition, when the specific kinetic energy of the muzzle of the projectile fired is greater than or equal to 1.8 joules/square centimeter, it shall be regarded as firearms.

   Many people were sentenced for trading and possession of "BB guns"

   As early as 2012, someone was sentenced for trading and possessing toy guns that can fire BB bullets.

   According to Dongfang.com, in November 2010, when Tang was on the military forum, he met a netizen who was a seller of imitation guns. Tang bought 3 guns for his collection, including M1911 and Glock imitation pistols, and an M4 imitation rifle. After Tao, Zhang, and Ge selected models on the Internet, they entrusted Tang to order and receive the goods, and successively purchased 7 simulated pistols and rifles.

   On December 5, 2011, the police arrested 4 people including Tang and seized 10 guns of various types. Judging from the seizure, the simulated guns purchased by Tang and the other 4 people used 6mm BB bullets.

  Dongfang.com reported that the so-called BB bullets are commonly used bullets for toy guns. They are generally made of plastic. Although they are not lethal bullets, they can be disabled if they are fired too close. Appraisal by the Material Evidence Appraisal Center, the simulated guns held by Tang and others fully comply with the design principle of using compressed gas as power, and can be fired and have the ability to cause injuries.

Article 46 of my country’s "Firearms Management Law" clearly stipulates: "The guns mentioned in this law refer to gunpowder or compressed gas, etc., which use tubular equipment to fire metal projectiles or other substances, which are enough to cause casualties or loss of consciousness. All kinds of guns."

The court held that although the fake gun purchased by the defendant Tang and the other four people was different from the real gun, it still possessed the above characteristics and constituted the crime of illegal firearm sales; Tang violated the gun management regulations and illegally possessed firearms, which constituted illegal possession Gun crime. Tang has committed two crimes and should be punished for several crimes.

  Accordingly, the court sentenced Tang to three years imprisonment and five years of probation; Tao, Zhang and Ge were sentenced to one year and six months of imprisonment and one year and six months of probation.

   The Paper reported earlier that in recent years, whether the 1.8 joule/square centimeter gun standard is too low has caused much controversy. Before the implementation of the new standards in 2008, the identification standards for guns in China's criminal justice practice were much higher.

Published in the "Journal of the National Prosecutors College" in the fifth issue of 2013, a paper entitled "Analysis of the Criminal Law of the Drastic Changes in Firearm Identification Standards" pointed out that since 2007, the critical value of gun identification has been greatly reduced to close to the original standard. About one-tenth, this change is the source of disagreement in many gun-related cases in recent years.

   At noon on January 3, 2017, the New County Court has deleted the above-mentioned online auction information on October 30 and December 28, 2016.

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