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中华人民共和国枪支管理法-中英对照法律英语
青岛希尼尔翻译公司 2016年8月3日整理发布
中华人民共和国枪支管理法
Law of the People's Republic of China on Control of Guns
（1996年7月5日第八届全国人民代表大会常务委员会第二十次会议通过1996年7月5日中华人民共和国主席令第七十二号公布自1996年10月1日起施行）
(Adopted at the 20th Meeting of the Standing Committee of the Eighth National
People's Congress on July 5, 1996, promulgated by Order No. 72 of the President
of the People's Republic of China, and effective as of October 1, 1996)
第一章总则
CHAPTER I GENERAL PROVISIONS
第二章枪支的配备和配置
CHAPTER II UNITS AND INDIVIDUALS ALLOWED TO BE ARMED OR EQUIPPED WITH GUNS
第三章枪支的制造和民用枪支的配售
CHAPTER III MANUFACTURE OF GUNS AND RATIONED SALE OF GUNS FOR CIVILIAN USE
第四章枪支的日常管理
CHAPTER IV EVERYDAY CONTROL OF GUNS
第五章枪支的运输
CHAPTER V TRANSPORT OF GUNS
第六章枪支的入境和出境
CHAPTER VI ENTERING AND LEAVING THE COUNTRY WITH GUNS
第七章法律责任
CHAPTER VII LEGAL RESPONSIBILITY
第八章附则
CHAPTER VIII SUPPLEMENTARY PROVISIONS
第一章总则
CHAPTER I GENERAL PROVISIONS
第一条为了加强枪支管理，维护社会治安秩序，保障公共安全，制定本法。
Article 1 This Law is enacted for the purpose of tightening control over guns,
preserving public security and order and ensuring public safety.
第二条中华人民共和国境内的枪支管理，适用本法。
Article 2 This Law applies to control of guns within the territory of the
people's Republic of China.
对中国人民解放军、中国人民武装警察部队和民兵装备枪支的管理，国务院、中央军事委员会另有规定的，适用有关规定。
Where other regulations are formulated by the State Council and the Central
Military Commission regarding control of guns with which the Chinese People's
Liberation Army, the Chinese People's Armed Police Forces and the Militia are
armed, those regulations shall apply.
第三条国家严格管制枪支。
Article 3 The State establishes strict control over guns.
禁止任何单位或者个人违反法律规定持有、制造（包括变造、装配）、买卖、运输、出租、出借枪支。
All units and individuals are prohibited to possess, manufacture (alter and
assemble included), trade in, transport, lease or loan guns in violation of the
provisions of laws.
国家严厉惩处违反枪支管理的违法犯罪行为。
The State shall severely punish any criminal act committed in violation of the
control of guns.
任何单位和个人对违反枪支管理的行为有检举的义务。
Every unit and individual has the obligation to inform against any violations
against the control of guns.
国家对检举人给予保护，对检举违反枪支管理犯罪活动有功的人员，给予奖励。
The State shall protect the informant and reward the persons who have rendered
meritorious service by informing against criminal acts committed against the
control of guns.
第四条国务院公安部门主管全国的枪支管理工作。
Article 4 The public security department under the State Council shall be in
charge of control of guns throughout the country.
县级以上地方各级人民政府公安机关主管本行政区域内的枪支管理工作。
Public security organs of the people's governments at or above the county
level shall be in charge of the control of guns in their administrative regions
respectively.
上级人民政府公安机关监督下级人民政府公安机关的枪支管理工作。
The public security organs of the people's governments at higher levels shall
exercise supervision over the control of guns by the public security organs of
the people's governments at lower levels.
第二章枪支的配备和配置
CHAPTER II UNITS AND INDIVIDUALS ALLOWED TO BE ARMED OR EQUIPPED WITH GUNS
第五条公安机关、国家安全机关、监狱、劳动教养机关的人民警察，人民法院的司法警察，人民检察院的司法警察和担负案件侦查任务的检察人员，海关的缉私人员，在依法履行职责时确有必要使用枪支的，可以配备公务用枪。
Article 5 People's policemen of the public security organs, State security
organs, prisons and institutions of reeducation through labour, judicial
policemen of the People's Courts and the People's Procuratorates, people's
procurators who are charged with the task of investigation of cases, and customs
coast guards may, when performing their functions pursuant to law and when it is
definitely necessary for them to use guns, be armed with guns for the discharge
of official duties.
国家重要的军工、金融、仓储、科研等单位的专职守护、押运人员在执行守护、押运任务时确有必要使用枪支的，可以配备公务用枪。
Professional guards and escorts of the country's important defense
enterprises, banking institutions, storehouses and scientific research
institutions may, when performing their tasks and when it is definitely
necessary for them to use guns, be armed with guns for the discharge of official
duties.
配备公务用枪的具体办法，由国务院公安部门会同其他有关国家机关按照严格控制的原则制定，报国务院批准后施行。
Specific measures for arming with guns for the discharge of official duties
shall, in accordance with the principle of strict control, be formulated by the
public security department under the State Council together with other State
organs concerned and submitted to the State Council for approval before
enforcement.
第六条下列单位可以配置民用枪支：
Article 6 The following units may be equipped with guns for civilian use:
（一）经省级人民政府体育行政主管部门批准专门从事射击竞技体育运动的单位、经省级人民政府公安机关批准的营业性射击场，可以配置射击运动枪支；
(1) Sports units that are set up with the approval of the physical culture and
sports administration department of the people's government at the provincial
level to engage specially in target shooting competitions and profit-making
shooting ranges that are set up with the approval of the public security organ
of the people's government at the provincial level may be equipped with sports
guns;
（二）经省级以上人民政府林业行政主管部门批准的狩猎场，可以配置猎枪；
(2) Hunting grounds that are built with the approval of the forestry
administration department of the people's government at or above the provincial
level may be equipped with hunting guns; and
（三）野生动物保护、饲养、科研单位因业务需要，可以配置猎枪、麻醉注射枪。
(3) Units for protecting and raising wild animals and for conducting
scientific research of such animals may, due to need of the work, be equipped
with hunting guns and narcotic injection guns.
猎民在猎区、牧民在牧区，可以申请配置猎枪。
Hunters in hunting zones and herdsmen in pastoral areas may apply for
equipment with guns.
猎区和牧区的区域由省级人民政府划定。
Hunting zones and pastoral areas shall be delineated by the people's
governments at the provincial level.
配置民用枪支的具体办法，由国务院公安部门按照严格控制的原则制定，报国务院批准后施行。
Specific measures for equipment with guns for civilian use shall, in adherence
to the principle of strict control, be formulated by the public security
department under the State Council and submitted to the State Council for
approval before enforcement.
第七条配备公务用枪，由国务院公安部门统一审批。
Article 7 Arming with guns for the discharge of official duties shall be
subject to exclusive examination and approval by the public security department
under the State Council.
配备公务用枪时，由国务院公安部门或者省级人民政府公安机关发给公务用枪持枪证件。
When arming persons with guns for the discharge of official duties, the public
security department under the State Council or the public security organ of a
people's government at the provincial level shall issue to them certificates
permitting them to hold guns for the discharge of official duties.
第八条专门从事射击竞技体育运动的单位配置射击运动枪支，由国务院体育行政主管部门提出，由国务院公安部门审批。
Article 8 With regard to equipment with sports guns for a unit that is
specially engaged in target shooting competition as a sport event, the competent
administrative department for physical culture and sports under the State
Council shall submit the matter to the public security department under the
State Council for examination and approval.
营业性射击场配置射击运动枪支，由省级人民政府公安机关报国务院公安部门批准。
With regard to equipment with sports guns for profit-making shooting grounds,
the matter shall be submitted by the public security organ of a people's
government at the provincial level to the public security department under the
State Council for approval.
配置射击运动枪支时，由省级人民政府公安机关发给民用枪支持枪证件。
When equipping with sports guns, the public security organ of the people's
government at the provincial level shall issue certificates permitting the
holding of guns for civilian use.
第九条狩猎场配置猎枪，凭省级以上人民政府林业行政主管部门的批准文件，报省级以上人民政府公安机关审批，由设区的市级人民政府公安机关核发民用枪支配购证件。
Article 9 To obtain hunting guns for a hunting ground, one must, by producing
the document of approval issued by the competent forestry administration
department of the people's government at or above the provincial level, apply to
the public security organ of such government for examination and approval,
before the public security organ of the people's government of a city divided
into districts shall, after verification, issue a certificate for rationed
purchase of guns for civilian use.
第十条野生动物保护、饲养、科研单位申请配置猎枪、麻醉注射枪的，应当凭其所在地的县级人民政府野生动物行政主管部门核发的狩猎证或者特许猎捕证和单位营业执照，向所在地的县级人民政府公安机关提出；
Article 10 To apply for equipment with hunting guns or narcotic injection
guns, the units for protecting and raising wild animals or for conducting
scientific research of such animals shall, by producing their hunting
certificates or their special permits for hunting and capturing animals issued
by the competent administrative department for wild animals of the local
people's government at the county level, as well as their business licenses,
submit their application to the public security organ of the local people's
government at the county level.
猎民申请配置猎枪的，应当凭其所在地的县级人民政府野生动物行政主管部门核发的狩猎证和个人身份证件，向所在地的县级人民政府公安机关提出；
In the case of hunters who wish to apply for equipment with hanging guns, they
shall, by producing their hunting certificates issued by the competent
administrative department for wild animals of the local people's government at
the county level as well as their identification cards, submit their application
to the public security organ of the local people's government at the county
level.
牧民申请配置猎枪的，应当凭个人身份证件，向所在地的县级人民政府公安机关提出。
In the base of herdsmen who wish to apply for equipment with hunting guns,
they shall, by producing their identification cards, submit their application to
the public security organ of the local people's government at the county level.
受理申请的公安机关审查批准后，应当报请设区的市级人民政府公安机关核发民用枪支配购证件。
After examining and approving the application it accepts, the public security
organ shall report the matter to the public security organ of a city divided
into districts for issue of a certificate for rationed purchase of guns for
civilian use after verification.
第十一条配购猎枪、麻醉注射枪的单位和个人，必须在配购枪支后三十日内向核发民用枪支配购证件的公安机关申请领取民用枪支持枪证件。
Article 11 Units or individuals that are to conduct rationed purchase of
hunting guns or narcotic injection guns must, within 30 days from the day they
purchase the guns, apply to the public security organ that, after verification,
issued to them the certificates for rationed purchase of guns for civilian use
for issue of certificates permitting the holding of guns for civilian use.
第十二条营业性射击场、狩猎场配置的民用枪支不得携带出营业性射击场、狩猎场。
Article 12 Guns for civilian use which profit-making shooting grounds and
hunting grounds are equipped with may not be taken out of such grounds.
猎民、牧民配置的猎枪不得携带出猎区、牧区。
Hunting guns which hunters and herdsmen are equipped with may not be taken out
of the hunting zones or the pastoral areas.
第三章枪支的制造和民用枪支的配售
CHAPTER III MANUFACTURE OF GUNS AND RATIONED SALE OF GUNS FOR CIVILIAN USE
第十三条国家对枪支的制造、配售实行特别许可制度。
Article 13 The State applies a special permit system governing the manufacture
and rationed sale of guns.
未经许可，任何单位或者个人不得制造、买卖枪支。
Without permission, no unit or individual may manufacture or trade in guns.
第十四条公务用枪，由国家指定的企业制造。
Article 14 Guns used for the discharge of official duties shall be
manufactured by enterprises designated by the State.
第十五条制造民用枪支的企业，由国务院有关主管部门提出，由国务院公安部门确定。
Article 15 Enterprises that are to manufacture guns for civilian use shall be
proposed by the relevant competent department under the State Council and
determined by the public security department under the State Council.
配售民用枪支的企业，由省级人民政府公安机关确定。
Enterprises that are to engage in rationed sale of guns for civilian use shall
be determined by the public security organ of a people's government at the
provincial level.
制造民用枪支的企业，由国务院公安部门核发民用枪支制造许可证件。
Enterprises that manufacture guns for civilian use shall be issued, after
verification, by the public security department under the State Council
certificates permitting manufacture of guns for civilian use.
配售民用枪支的企业，由省级人民政府公安机关核发民用枪支配售许可证件。
Enterprises that engage in rationed sale of guns for civilian use shall be
issued, after verification, by the public security organ of a people's
government at the provincial level certificates permitting rationed sale of guns
for civilian use.
民用枪支制造许可证件、配售许可证件的有效期为三年；
The certificate permitting manufacture of guns for civilian use and the
certificate permitting rationed sale of guns for civilian use shall be valid for
a period of three years.
有效期届满，需要继续制造、配售民用枪支的，应当重新申请领取许可证件。
Enterprises that need to continue manufacture or rationed sale of guns for
civilian use at the expiration of the certificates, shall make another
application for issue of such certificates.
第十六条国家对制造、配售民用枪支的数量，实行限额管理。
Article 16 The State applies a quota system governing the number of guns for
civilian use to be manufactured and rationed for sale.
制造民用枪支的年度限额，由国务院林业、体育等有关主管部门、省级人民政府公安机关提出，由国务院公安部门确定并统一编制民用枪支序号，下达到民用枪支制造企业。
The annual quota for manufacture of guns for civilian use shall be proposed by
the relevant competent departments of forestry and physical culture and sports
under the State Council and the public security organs of the people's
governments at the provincial level, and determined by the public security
department under the State Council, which shall prepare the uniform serial
numbers for such guns and allocate assignments to the enterprises manufacturing
such guns.
配售民用枪支的年度限额，由国务院林业、体育等有关主管部门、省级人民政府公安机关提出，由国务院公安部门确定并下达到民用枪支配售企业。
The annual quota for rationed sale of guns for civilian use shall be proposed
by the relevant competent departments of forestry and physical culture and
sports under the State Council and the public security organs of the people's
governments at the provincial level, and determined by the public security
department under the State Council, which shall allocate assignments to the
enterprises engaged in rationed sale of such guns.
第十七条制造民用枪支的企业不得超过限额制造民用枪支，所制造的民用枪支必须全部交由指定的民用枪支配售企业配售，不得自行销售。
Article 17 Enterprises manufacturing guns for civilian use shall not turn out
such guns in excess of the quota, all the guns they have manufactured shall be
delivered to the enterprises designated for rationed sale of such guns and they
shall not sell the guns themselves.
配售民用枪支的企业应当在配售限额内，配售指定的企业制造的民用枪支。
Enterprises engaged in rationed sale of guns for civilian use shall, within
the quota for rationed sale, sell such guns manufactured by the designated
enterprises.
第十八条制造民用枪支的企业，必须严格按照国家规定的技术标准制造民用枪支，不得改变民用枪支的性能和结构；
Article 18 An enterprise must manufacture guns for civilian use strictly in
conformity with the technical standards set by the State, it shall not alter the
performance or structure of such guns.
必须在民用枪支指定部位铸印制造厂的厂名、枪种代码和国务院公安部门统一编制的枪支序号，不得制造无号、重号、假号的民用枪支。
It shall have its name, the coded variety of the gun and the serial number
prepared uniformly by the public security department under the State Council
typecast in the designated parts of the gun; it shall not manufacture guns for
civilian use without a number or with a duplicate or false number.
制造民用枪支的企业必须实行封闭式管理，采取必要的安全保卫措施，防止民用枪支以及民用枪支零部件丢失。
Enterprises manufacturing guns for civilian use shall be kept under close
control, and necessary security measures shall be taken to prevent loss of such
guns or their parts or components.
第十九条配售民用枪支，必须核对配购证件，严格按照配购证件载明的品种、型号和数量配售；配售弹药，必须核对持枪证件。
Article 19 An enterprise engaged in rationed sale of guns for civilian use
shall sell such guns after checking of the certificate of rationed purchase and
strictly in accordance with the variety, type and number as stated in the
certificate; the rationed sale of ammunition shall be conducted after checking
of the certificate permitting the holding of guns.
民用枪支配售企业必须按照国务院公安部门的规定建立配售帐册，长期保管备查。
Enterprises engaged in rationed sale of guns for civilian use must, in
accordance with the regulations of the public security department under the
State Council, keep long-term account books for rationed sale for future
examination.
第二十条公安机关对制造、配售民用枪支的企业制造、配售、储存和帐册登记等情况，必须进行定期检查；
Article 20 Public security organs shall conduct regular inspection of the
manufacture, rationed sale, storage and book-keeping of the enterprises that
manufacture or engage in rationed sale of guns for civilian use;
必要时，可以派专人驻厂对制造企业进行监督、检查。
when necessary, they may send their men specially to stay at the manufacturing
enterprises for the purpose of supervision and inspection.
第二十一条民用枪支的研制和定型，由国务院有关业务主管部门会同国务院公安部门组织实施。
Article 21 The relevant competent department under the State Council shall
work together with the public security department under the State Council to
arrange for development and finalizing the design of guns for civilian use.
第二十二条禁止制造、销售仿真枪。
Article 22 It is forbidden to manufacture and sell imitation guns.
第四章枪支的日常管理
CHAPTER IV EVERYDAY CONTROL OF GUNS
第二十三条配备、配置枪支的单位和个人必须妥善保管枪支，确保枪支安全。
Article 23 Units and individuals that are armed or equipped with guns must
maintain the guns properly and ensure their safety.
配备、配置枪支的单位，必须明确枪支管理责任，指定专人负责，应当有牢固的专用保管设施，枪支、弹药应当分开存放。
Units that are armed or equipped with guns must explicitly define the
responsibilities for control of guns, designate special persons to take charge
of the guns, install strong facilities specially for keeping of the guns and
have the guns and ammunition kept in separate places.
对交由个人使用的枪支，必须建立严格的枪支登记、交接、检查、保养等管理制度，使用完毕，及时收回。
With regard to guns for personal use, a strict control system must be
established for registration, handing over, inspection and maintenance of the
guns, and the guns must be taken back as soon as they are not to be used any
more.
配备、配置给个人使用的枪支，必须采取有效措施，严防被盗、被抢、丢失或者发生其他事故。
With regard to guns armed or equipped for personal use, effective measures
must be taken strictly to prevent their being stolen, robbed or lost, as well as
other accidents.
第二十四条使用枪支的人员，必须掌握枪支的性能，遵守使用枪支的有关规定，保证枪支的合法、安全使用。
Article 24 Persons who use guns must know the performance of the guns, observe
the relevant regulations governing the use of guns and guarantee that the guns
are used lawfully and safely.
使用公务用枪的人员，必须经过专门培训。
Persons who use guns for the discharge of official duties must receive special
training.
第二十五条配备、配置枪支的单位和个人必须遵守下列规定：
Article 25 Units and individuals that are armed or equipped with guns must
observe the following provisions:
（一）携带枪支必须同时携带持枪证件，未携带持枪证件的，由公安机关扣留枪支；
(1) When carrying guns, they must have with them the certificates permitting
the holding of guns; otherwise their guns shall be seized by public security
organs;
（二）不得在禁止携带枪支的区域、场所携带枪支；
(2) They shall not carry guns in areas or places where it is prohibited to
carry guns; and
（三）枪支被盗、被抢或者丢失的，立即报告公安机关。
(3) They shall report to public security organs once their guns are stolen,
robbed or lost.
第二十六条配备公务用枪的人员不再符合持枪条件时，由所在单位收回枪支和持枪证件。
Article 26 When persons equipped with guns for the discharge of official
duties no longer meet the qualifications for holding guns, the units where they
belong shall take back the guns along with the certificates permitting the
holding of guns.
配置民用枪支的单位和个人不再符合持枪条件时，必须及时将枪支连同持枪证件上缴核发持枪证件的公安机关；
When units or individuals equipped with guns for civilian use no longer meet
the qualifications for holding guns, they must immediately hand over the guns
along with the certificates permitting the holding of guns to the public
security organs that issued the certificates after verification.
未及时上缴的，由公安机关收缴。
The guns that are not handed over promptly shall be taken over by the public
security organs.
第二十七条不符合国家技术标准、不能安全使用的枪支，应当报废。
Article 27 Guns that do not measure up to the technical standards of the State
and that cannot be used safely shall be reported as useless.
配备、持有枪支的单位和个人应当将报废的枪支连同持枪证件上缴核发持枪证件的公安机关；
The units and individuals that are equipped with or hold guns shall hand over
the useless guns along with the certificates permitting the holding of guns to
the public security organs that issued the certificates after verification.
未及时上缴的，由公安机关收缴。
The guns that are not handed over promptly shall be taken over by the public
security organs.
报废的枪支应当及时销毁。
Useless guns shall be destroyed without delay.
销毁枪支，由省级人民政府公安机关负责组织实施。
Destruction of guns shall be arranged by public security organs of the
people's governments at the provincial level.
第二十八条国家对枪支实行查验制度。
Article 28 The State applies an inspection system for guns.
持有枪支的单位和个人，应当在公安机关指定的时间、地点接受查验。
Units and individuals that hold guns shall undergo inspection at the time and
place as designated by public security organs.
公安机关在查验时，必须严格审查持枪单位和个人是否符合本法规定的条件，检查枪支状况及使用情况；
When conducting inspection, the public security organs shall examine whether
the units and individuals that hold the guns meet the qualifications as
prescribed by this Law, and the condition and use of the guns.
对违法使用枪支、不符合持枪条件或者枪支应当报废的，必须收缴枪支和持枪证件。
Guns that are used unlawfully, that are held by people who do not meet the
qualifications for holding guns or that should be reported as useless must be
taken over as well as the certificates permitting the holding of guns.
拒不接受查验的，枪支和持枪证件由公安机关收缴。
Units or individuals that refuse to undergo inspection, their guns and their
certificates permitting the holding of guns shall be taken over by public
security organs.
第二十九条为了维护社会治安秩序的特殊需要，经国务院公安部门批准，县级以上地方各级人民政府公安机关可以对局部地区合法配备、配置的枪支采取集中保管等特别管制措施。
Article 29 In case of special need for maintaining public security and order,
public security organs of the local people's governments at or above the county
level may, with approval of the public security department under the State
Council, take special control measures for guns lawfully armed or equipped in
certain areas, such as concentrated preservation of the guns.
第五章枪支的运输
CHAPTER V TRANSPORT OF GUNS
第三十条任何单位或者个人未经许可，不得运输枪支。
Article 30 No units or individuals may transport guns without permission.
需要运输枪支的，必须向公安机关如实申报运输枪支的品种、数量和运输的路线、方式，领取枪支运输许可证件。
Any unit or individual that needs to transport guns must submit an application
to the public security organ, in which the variety and number of the guns and
the route and means of transport shall be truthfully stated, and must have a
permit for transport of guns.
在本省、自治区、直辖市内运输的，向运往地设区的市级人民政府公安机关申请领取枪支运输许可证件；
If the guns are to be transported within a province, autonomous region or
municipality directly under the Central Government, an application for issue of
a permit for transport of guns shall be submitted to the public security organ
of the people's government of the city divided into districts under the
jurisdiction of which is the place of delivery.
跨省、自治区、直辖市运输的，向运往地省级人民政府公安机关申请领取枪支运输许可证件。
If the guns are to be transported across provinces, autonomous regions or
municipalities directly under the Central Government, an application for issue
of a permit for transport of guns shall be submitted to the public security
organ of the people's government at the provincial level under the jurisdiction
of which is the place of delivery.
没有枪支运输许可证件的，任何单位和个人都不得承运，并应当立即报告所在地公安机关。
Units and individuals that do not have permits for transport of guns shall not
undertake transport of guns but shall report the matter immediately to the local
public security organs.
公安机关对没有枪支运输许可证件或者没有按照枪支运输许可证件的规定运输枪支的，应当扣留运输的枪支。
The public security organs shall seize the guns that are transported without a
permit for transport of guns or at variance with the particulars stated in the
permit for transport of guns.
第三十一条运输枪支必须依照规定使用安全可靠的封闭式运输设备，由专人押运；
Article 31 Safe, reliable and closed transport facilities shall be used for
transport of guns and the transport shall be escorted by professional people, as
is required by regulations;
途中停留住宿的，必须报告当地公安机关。
where it is necessary to stop overnight on the way, the local public security
organ must be informed of the matter.
运输枪支、弹药必须依照规定分开运输。
Guns and ammunition must be transported separately, as is required by
regulations.
第三十二条严禁邮寄枪支，或者在邮寄的物品中夹带枪支。
Article 32 It is forbidden to mail guns or mail them in the midst of other
postal materials.
第六章枪支的入境和出境
CHAPTER VI ENTERING AND LEAVING THE COUNTRY WITH GUNS
第三十三条国家严格管理枪支的入境和出境。
Article 33 The State exercise strict control over guns with which people enter
or leave the country.
任何单位或者个人未经许可，不得私自携带枪支入境、出境。
Without permission, no unit or individual shall enter or leave the country
with guns.
第三十四条外国驻华外交代表机构、领事机构的人员携带枪支入境，必须事先报经中华人民共和国外交部批准；携带枪支出境，应当事先照会中华人民共和国外交部，办理有关手续。
Article 34 If persons of foreign diplomatic missions or consulates are to
enter the territory of China with guns, they must apply to the Ministry of
Foreign Affairs of the People's Republic of China for approval in advance; and
if they are to leave China with guns, they shall present a note to the Ministry
of Foreign Affairs of the People's Republic of China and go through the relevant
formalities in advance.
依照前款规定携带入境的枪支，不得携带出所在的驻华机构。
Guns brought into the territory of China in accordance with the provisions of
the preceding paragraph shall not be carried out of the missions or consulates
in China.
第三十五条外国体育代表团入境参加射击竞技体育活动，或者中国体育代表团出境参加射击竞技体育活动，需要携带射击运动枪支入境、出境的，必须经国务院体育行政主管部门批准。
Article 35 When sports delegations of other countries enter China to take part
in target shooting competitions or Chinese sports delegations leave China to
take part in such competitions and thus need to take their sports guns along
with them, they shall seek approval of the competent administrative department
for physical culture and sports under the State Council.
第三十六条本法第三十四条、第三十五条规定以外的其他人员携带枪支入境、出境，应当事先经国务院公安部门批准。
Article 36 Persons, other than the ones mentioned in Article 34 and 35 of this
Law, who are to enter or leave China with guns shall seek approval of the public
security department under the State Council beforehand.
第三十七条经批准携带枪支入境的，入境时，应当凭批准文件在入境地边防检查站办理枪支登记，申请领取枪支携运许可证件，向海关申报，海关凭枪支携运许可证件放行；
Article 37 When persons who have obtained approval of entering China with guns
enter the country, they shall, by producing the documents of approval, go
through registration procedure for the guns with the frontier inspection station
at the place of entry, apply for the issue of certificate permitting the
carrying of guns, and declare the guns to the Customs, which shall let them go
after checking the certificates.
到达目的地后，凭枪支携运许可证件向设区的市级人民政府公安机关申请换发持枪证件。
After reaching their places of destination, they shall, by producing the
certificates permitting the carrying of guns, apply to the public security organ
of the people's government of a city divided into districts in order to exchange
their certificates permitting the carrying of guns for certificates permitting
the holding of guns.
经批准携带枪支出境的，出境时，应当凭批准文件向出境地海关申报，边防检查站凭批准文件放行。
When persons who have obtained approval of leaving China with guns leave the
country, they shall, by producing the documents of approval, declare the guns to
the Customs at the place of departure, and the frontier inspection station shall
let them go after checking the documents.
第三十八条外国交通运输工具携带枪支入境或者过境的，交通运输工具负责人必须向边防检查站申报，由边防检查站加封，交通运输工具出境时予以启封。
Article 38 When guns are carried by foreign means of transport into or through
the territory of China, the persons who are responsible for the means of
transport must apply to the frontier inspection station for sealing of the means
of transport, which shall be unsealed at the time it leaves the country.
第七章法律责任
CHAPTER VII LEGAL RESPONSIBILITY
第三十九条违反本法规定，未经许可制造、买卖或者运输枪支的，依照刑法第一百一十二条和《全国人民代表大会常务委员会关于严惩严重危害社会治安的犯罪分子的决定》的规定追究刑事责任。
Article 39 Any unit or individual that, in violation of the provisions of this
Law, manufactures, trades in or transports guns without permission shall be
investigated for criminal responsibility in accordance with the provisions of
Article 112 of the Criminal Law and of the Decision of the Standing Committee of
the National People's Congress Regarding Severe Punishment of Criminals Who
Seriously Endanger Public Security.
单位有前款行为的，对单位判处罚金，并对其直接负责的主管人员和其他直接责任人员依照刑法第一百一十二条的规定追究刑事责任。
The unit that commits any violations mentioned in the preceding paragraph
shall be fined, and the persons who are directly in charge of the unit and other
persons who are directly responsibl for the violations shall be investigated for
criminal responsibility in accordance with the provisions of Article 112 of the
Criminal Law.
第四十条依法被指定、确定的枪支制造企业、销售企业，违反本法规定，有下列行为之一的，对单位判处罚金，并对其直接负责的主管人员和其他直接责任人员依照刑法第一百一十二条的规定追究刑事责任；
Article 40 If, in violation of the provisions of this Law, the enterprises
designated or determined pursuant to law for manufacturing or selling guns
commit any of the following acts, they shall be fined, and the persons who are
directly in charge of the enterprises and other persons who are directly
responsible for the act shall be investigated for criminal responsibility in
accordance with the provisions of Article 112 of the Criminal Law;
公安机关可以责令其停业整顿或者吊销其枪支制造许可证件、枪支配售许可证件：
public security organs may order the enterprises to suspend operation for
rectification or revoke the certificates permitting manugacture of guns or
rationed sale of guns:
（一）超过限额或者不按照规定的品种制造、配售枪支的；
(1) to manufacture or sell guns in excess of the quota or at variance with the
variety prescribed;
（二）制造无号、重号、假号的枪支的；
(2) to manufacture guns without numbers or with duplicate or false numbers; or
（三）私自销售枪支或者在境内销售为出口制造的枪支的。
(3) to sell, without authorization, guns or sell guns in China that are
manufactured for export.
第四十一条违反本法规定，非法持有、私藏枪支的，依照刑法第一百六十三条的规定追究刑事责任。
Article 41 Whoever, in violation of the provisions of this Law, illegally
possesses or conceals guns shall be investigated for criminal responsibility in
accordance with the provisions of Article 163 of the Criminal Law.
非法运输、携带枪支入境、出境的，依照《全国人民代表大会常务委员会关于惩治走私罪的补充规定》追究刑事责任。
Whoever illegally transports or carries guns into or out of the territory of
China shall be investigated for criminal responsibility in accordance with the
Supplementary Provisions of the Standing Committee of the National People's
Congress Concerning the Punishment of the Crimes of Smuggling.
第四十二条违反本法规定，运输枪支未使用安全可靠的运输设备、不设专人押运、枪支弹药未分开运输或者运输途中停留住宿不报告公安机关，情节严重的，比照刑法第一百八十七条的规定追究刑事责任；
Article 42 Whoever, when transporting guns, fails to use safe and reliable
transport facilities, or send escorts, or separate the guns from ammunition, or
report to the public security organ for stopping overnight on the way, if the
violation is serious, shall be investigated for criminal responsibility by
applying mutatis mutandis the provisions of Article 187 of the Criminal Law;
未构成犯罪的，由公安机关对直接责任人员处十五日以下拘留。
if the violation does not constitute a crime, the person who is directly
responsible for the violation shall be detained by the public security organ for
not more than 15 days.
第四十三条违反枪支管理规定，出租、出借公务用枪的，比照刑法第一百八十七条的规定处罚。
Article 43 Whoever, in violation of the regulations governing control of guns,
leases or loans guns that are used for the discharge of official duties shall be
punished by applying mutatis mutandis the provisions of Article 187 of the
Criminal Law.
单位有前款行为的，对其直接负责的主管人员和其他直接责任人员依照前款规定处罚。
If a unit commits an act mentioned in the preceding paragraph, the persons who
are directly in charge of the unit and other persons who are directly
responsible for the act shall be punished in accordance with the provisions of
the preceding paragraph.
配置民用枪支的单位，违反枪支管理规定，出租、出借枪支，造成严重后果或者有其他严重情节的，对其直接负责的主管人员和其他直接责任人员比照刑法第一百八十七条的规定处罚。
If, in violation of the regulations governing control of guns, a unit that is
equipped with guns for civilian use leases or loans such guns and has thus led
to grave consequences, or if other serious violations are involved, the persons
who are directly in charge of the unit and other persons who are directly
responsible for the violation shall be punished by applying mutatis mutandis the
provisions of Article 187 of the Criminal Law.
配置民用枪支的个人，违反枪支管理规定，出租、出借枪支，造成严重后果的，比照刑法第一百六十三条的规定处罚。
If, in violation of the regulations governing control of guns, an individual
who is equipped with guns for civilian use, leases or loans such guns and has
thus led to grave consequences, he shall be punished by applying mutatis
mutandis the provisions of Article 163 of the criminal Law.
违反枪支管理规定，出租、出借枪支，情节轻微未构成犯罪的，由公安机关对个人或者单位负有直接责任的主管人员和其他直接责任人员处十五日以下拘留，可以并处五千元以下罚款；对出租、出借的枪支，应当予以没收。
If, in violation of the regulations governing control of guns, a unit or
individual leases or loans guns and if the violation is of a minor nature and
does not constitute a crime, the public security organ shall detain for not more
than 15 days the individual or the persons who are directly in charge of the
unit and other persons who are directly responsible for the violation and may
also impose a fine of not more than 5,000 yuan; and it shall confiscate the guns
leased or loaned.
第四十四条违反本法规定，有下列行为之一的，由公安机关对个人或者单位负有直接责任的主管人员和其他直接责任人员处警告或者十五日以下拘留；构成犯罪的，依法追究刑事责任：
Article 44 If an individual or unit that, in violation of the provisions of
this Law, commits any of the following acts, the public security organ shall
serve a disciplinary warning on the individual or the persons who are directly
in charge of the unit and other persons who are directly responsible for the
violation or detain the individual or persons for not more than 15 days; if the
violation constitutes a crime, criminal responsibility shall be investigated in
accordance with law:
（一）未按照规定的技术标准制造民用枪支的；
(1) to manufacture guns for civilian use at variance with the prescribed
technical standards;
（二）在禁止携带枪支的区域、场所携带枪支的；
(2) to carry guns in areas or places where it is forbidden to carry guns;
（三）不上缴报废枪支的；
(3) to fail to hand over guns that are reported as useless;
（四）枪支被盗、被抢或者丢失，不及时报告的；
(4) to fail to report immediately after guns are stolen, robbed or lost; or
（五）制造、销售仿真枪的。
(5) to manufacture or sell imitation guns.
有前款第（一）项至第（三）项所列行为的，没收其枪支，可以并处五千元以下罚款；
If a person commits one of the acts mentioned in sub-paragraphs (1), (2), and
(3), his guns shall be confiscated and he may also be fined not more than 5,000
yuan.
有前款第（五）项所列行为的，由公安机关、工商行政管理部门按照各自职责范围没收其仿真枪，可以并处制造、销售金额五倍以下的罚款，情节严重的，由工商行政管理部门吊销营业执照。
If a person commits the act mentioned in sub- paragraph (5), the public
security organ and the administrative department for industry and commerce
shall, within the scope of their respective functions, confiscate the imitation
guns and may also impose a fine of not more than five times the amount of money
spent on their manufacture or earned from their sale; if the case is serious,
the administrative department for industry and commerce shall revoke the
person's business license.
第四十五条公安机关工作人员有下列行为之一的，依法追究刑事责任；未构成犯罪的，依法给予行政处分：
Article 45 If a member of the public security organ commits one of the
following acts, he shall be investigated for criminal responsibility according
to law; if the act does not constitute a crime, the shall be given an
administrative sanction in accordance with law:
（一）向本法第五条、第六条规定以外的单位和个人配备、配置枪支的；
(1) to arm or equip with guns units or individuals other than the ones as
prescribed in Articles 5 and 6 of this Law;
（二）违法发给枪支管理证件的；
(2) to issue certificates for control of guns illegally;
（三）将没收的枪支据为己有的；
(3) to take confiscated guns into his own possession; or
（四）不履行枪支管理职责，造成后果的。
(4) to lead to bad consequences by failing to perform his duties for control
of guns.
第八章附则
CHAPTER VIII SUPPLEMENTARY PROVISIONS
第四十六条本法所称枪支，是指以火药或者压缩气体等为动力，利用管状器具发射金属弹丸或者其他物质，足以致人伤亡或者丧失知觉的各种枪支。
Article 46 For purposes of this Law, the work "guns" means the various kinds
of guns that, with gunpowder or compressed gas as the propelling force and with
a barrel for projecting metal bullets or other substances, can readily inflict
injury upon people, cause death or render them unconscious.
第四十七条单位和个人为开展游艺活动，可以配置口径不超过４．５毫米的气步枪。
Article 47 Units and indivuduals that facilitate recreational activities may
be equipped with no greater than 4.5mm. pneumatic rifles.
具体管理办法由国务院公安部门制定。
Specific measures of control in this regard shall be formulated by the public
security department under the State Council.
制作影视剧使用的道具枪支的管理办法，由国务院公安部门会同国务院广播电影电视行政主管部门制定。
Measures for control of guns used as props for production of films and
television plays shall be formulated by the public security department under the
State Council together with the radio, film and television administration
department under the State Council.
博物馆、纪念馆、展览馆保存或者展览枪支的管理办法，由国务院公安部门会同国务院有关行政主管部门制定。
Measures for control of guns preserved or displayed in museums, memorial halls
and exhibition halls shall be formulated by the public security department under
the State Council together with the relevant competent administrative department
under the State Council.
第四十八条制造、配售、运输枪支的主要零部件和用于枪支的弹药，适用本法的有关规定。
Article 48 The relevant provisions of this Law apply to the manufacture,
rationed sale and transport of the main parts or components of guns and of the
ammunition for the guns.
第四十九条枪支管理证件由国务院公安部门制定。
Article 49 Certificates for control of guns shall be made by the public
security department under the State Council.
第五十条本法自１９９６年１０月１日起施行。
Article 50 This Law shall be put into force as of October 1, 1996.
中英对照法规 英文法规 中华人民共和国枪支管理法中英双语 中华人民共和国枪支管理法中英对照 中华人民共和国枪支管理法英语版
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