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Written by: Kong Fanxu
2021-02-17 15:02
The last update date: 2021-02-17 15:03
Local law enforcement agencies have seized real guns and real gun components from time to time. The Security Bureau said today (17th) that criminals have been using the current "Firearms and Ammunition Ordinance" (Chapter 238) related loopholes in the definition of "firearms" to remove real guns. The components are delivered to Hong Kong individually and then installed locally as "real guns" with complete functions. It is recommended that the amendments clearly list the designated important firearms (ie real guns) components as "firearms" under the "Regulations".
Some people familiar with firearms believe that this amendment will have little impact on legal firearms, and may affect the operation of air gun shops. Since air gun components are highly realistic, they may "step on the boundary" and affect the living space.
In the past, the police seized an AR15 long-range rifle and more than 200 rounds of ammunition.
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According to a consultation document submitted by the Security Bureau, there have been two criminal trends in real gun cases in recent years, using air parcels as a means of smuggling; and disassembling real guns into multiple components for individual shipment and packaging them into other products for customs declaration as a cover.
The authorities propose to amend the legislation to provide clearer and specific explanations for the components covered by "firearms".
The government will start a public consultation today, which will last from one month to the 16th of next month. It is hoped that the amendment will be completed within this legislative year.
The government proposes to amend the firearm components
Consultation question 1
In view of the increasing trend of cases involving real guns in recent years and the improper use of real guns can cause a large number of casualties, do you agree that the law should provide a clearer definition of firearms (ie real guns) components?
Consultation question 2
Do you agree that the following important firearm components should be regulated?
(a) Barrel, barrel or bullet wheel
(b) Frame, frame or receiver
(c) Bolt, bolt or other device used to contain the pressure discharged from the rear of the barrel
It is expected that some existing licensees or those who currently possess firearm components proposed to be included in the regulation will be affected. They will need to properly dispose of these components or apply for a license. The authorities propose to establish a 90-day grace period for those affected by the proposal Disposal of these firearm components or apply for a license from the Licensing Office of the Police Force.
The proposed legislative amendments will take effect after the expiry of the grace period.
Consultation question 3
Do you agree that a 90-day grace period should be established before the proposed legislative amendment takes effect?
The consultation document also mentioned that, according to the existing provisions, even if someone is found to have unlicensed possession or operating components that have been proven to be assembled into real guns, the prosecution must still prove to the court that these components are used or intended to be used for firearms. Projectile.
It can be seen from past cases that there are practical difficulties in proving this element of the charge from time to time, and the difficulties have created loopholes in the law, allowing criminals to take advantage.
In the research conducted by the authorities, no jurisdiction like Hong Kong is required to prove that the component is "used or intended to be used to launch projectiles."
Some people familiar with firearms believe that this amendment will have little impact on legal firearms, and may affect the operation of air gun shops. Since air gun components are highly realistic, they may "step on the boundary" and affect the living space.
In addition, some members of the legal profession believe that this amendment may help the Department of Justice to increase the chance of conviction in cases involving possession of firearm components.
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