Do not buy imitation guns, BB guns, or air rifles online; avoid “toy guns” of unknown origin

10. Do not buy imitation guns, BB guns, or air rifles online; avoid “toy guns” of unknown origin

Cost: No cost involved. If you want to shoot, visit a licensed shooting range.

In plain terms: Any BB gun or air rifle purchased online that meets or exceeds a muzzle energy threshold of 1.8 joules per square centimeter is classified as a firearm. Possessing such a gun without a permit can lead to a sentence of up to 3 years in prison; more serious cases may result in 3 to 7 years. In one case, a couple sold “toy guns” at a local market. Of the 43 guns seized, 18 were confirmed to meet firearm standards. Since there was insufficient evidence to prove they knew these items were firearms, they were not prosecuted due to evidentiary doubts.

Benefit: Unauthorized possession or concealment of firearms without a permit is punishable by up to 3 years in prison; more serious cases may lead to 3 to 7 years. Non-standard guns that cannot fire standard ammunition are still classified as firearms if their muzzle energy meets or exceeds 1.8 joules per square centimeter. This energy value refers to the amount of energy per square centimeter carried by a projectile at the moment it leaves the barrel. Many BB guns and air rifles bought online exceed this threshold. Since 2018, the Supreme People’s Court and Supreme People’s Procuratorate have required that for air rifles with relatively low muzzle energy, factors such as appearance, material, price, intended use, and the owner’s awareness must be evaluated before determining whether a conviction is warranted. Official case example: The aforementioned couple sold “toy guns” at a market; 18 of the 43 seized guns met firearm standards. Due to insufficient evidence proving they knew these were firearms, they were not prosecuted on grounds of evidentiary uncertainty (nationwide).

Evidence grade: A

Sources: National People's Congress (2020). Criminal Law (as amended by the Criminal Law Amendment (11), Article 128). <https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html>; Supreme People's Court of China, Supreme People's Procuratorate of China (2018). Regarding firearms powered by compressed gas, Reply on the Conviction and Sentencing Issues in Criminal Cases involving Air Guns and Lead Bullets (Fashi [2018] No. 8). <https://www.spp.gov.cn/xwfbh/wsfbt/201803/t20180328_372604.shtml>; Supreme People's Court of China (2018). Understanding and application of the "Reply". <https://www.court.gov.cn/zixun/xiangqing/88472.html>

Notes: The key factor in deciding not to prosecute this case was the determination that the couple “had no knowledge” of the items being firearms. It is difficult for adults who deliberately purchase BB guns or air rifles online to later claim they had no idea they were firearms. This section does not include any verified information on how crossbows or controlled knives are regulated, so no details are provided here.