How is illegal possession and use of hunting guns handled?
(Baonghean.vn) - Mr. Lu Van Quang, residing in Con Cuong district, asked: It is known that currently in the mountainous area of Nghe An, some people still have the habit of illegally using and storing hunting guns. So how will this behavior be handled according to the provisions of the law?
Reply:
Clause 3, Article 3 of the Law on Management and Use of Weapons, Explosives and Supporting Tools stipulates: Hunting guns are guns that are manufactured, produced by hand or industrially, and used for hunting, including: flintlock guns, air guns and bullets used for these types of guns.
Hunting guns are one of the weapons that can cause damage, endanger human health and life, or destroy physical structures.
AboutmPenalties for illegal use and possession of hunting guns:
a.Administrative sanctions:
Pursuant to the provisions of Point c, d, Clause 4, Article 11, Decree No. 144/2021/ND-CP, the penalty level applied to the act of illegally using and storing hunting guns is specifically as follows:
– Fine from 10 million VND to 20 million VND for the following acts:
+ Manufacturing, equipping, storing, transporting, repairing, using, appropriating hunting guns or hunting gun parts or assemblies.
+ Illegally manufacturing, storing, transporting, and using weapons with similar features and effects to hunting guns, primitive weapons, sports weapons, or parts and assemblies of parts to produce and manufacture weapons and support tools with similar features and effects.
In addition to the fines as above, violators are also subject to additional penalties such as confiscation of exhibits and means of administrative violation and must take remedial measures such as returning any illegal profits gained from committing the above violations.
b.Criminally prosecuted:
In addition to being administratively sanctioned as in Section 2.1, violators are also subject to criminal prosecution depending on the level of violation according to Article 306 of the 2015 Penal Code, amended and supplemented in 2017, specifically:
– Imprisonment from 03 months to 02 years:
Subjects who illegally manufacture, store, transport, use, trade or appropriate hunting guns, primitive weapons, sports weapons, other weapons with similar features and effects to hunting guns, sports weapons or support tools, have previously been administratively sanctioned for one of the above acts or have been convicted of this crime without having their criminal records cleared, and now continue to violate.
– Imprisonment from 01 year to 05 years:
+ Perform organized behavior.
+ Transport and trade across borders.
+ Large quantity of illegal items.
+ Committing a violation that results in death.
+ Causing injury or damage to the health of another person with a bodily injury rate of 61% or more.
+ Causing injury or damage to the health of 02 or more people, with the total body injury rate of these people from 61% to 121%.
+ Causing property damage from 100 million VND to under 500 million VND.
+ Dangerous recidivism.
– Imprisonment from 03 years to 07 years:
+ Causing consequences leading to the death of 02 or more people.
+ Illegal items are in very large or exceptionally large quantities.
+ Causing injury or damage to the health of 02 or more people, the total body injury rate of these people is 122% or more.
+ Property damage from 500 million VND or more.
In addition, the offender may also be fined from 10 million VND to 50 million VND, placed on probation or banned from residence from 01 year to 05 years.
