Chen was sentenced to 13 years in the second instance of the sale of tens of thousands of simulated guns
According to the law, selling more than 30 guns in violation of regulations will be punished with a fixed-term imprisonment of more than 10 years. If the circumstances are particularly serious, you can even be sentenced to death! And Chen, a trader in the Small Commodity World, sells more than 10,000 'guns'. How should this be judged? This incident has also attracted the attention of many toy market operators and even caused a sensation across the country. A few days ago, the Provincial High Law announced the final result of the case on its official website. The case of the sale of tens of thousands of simulated guns is of national concern. Chen and his wife, son, and daughter-in-law are operating toys in the small commodity world, and also selling plastic simulation guns. On May 6, 2012, Chen was arrested by the police while loading and unloading a simulated gun in a warehouse. 'Isn't it just plastic toys? There are not many who sell toys!' Chen grieved: 'I am a wholesaler of toy guns, and I didn't really sell them as guns. The toy guns I sell usually cost a few yuan. When it comes to tens of yuan, the most expensive is only about 200 yuan, shouldn’t it be considered a crime?” Chen has been engaged in toy business for many years and has two stalls in the small commodity world, mainly transformers, cars, and plush. Plastic toys such as toys, bubble guns, and water guns are mainly used. According to Chen's relatives, their sources mainly depend on Guangdong and other places. Later, a plastic toy factory sent the company's latest sample-toy gun when it shipped the goods. 'Children like this kind of toy and it should be easy to sell, but I know that it is not allowed to be sold in the market. But I asked the toy factory, and the toy factory said that they are all plastic guns, which are toys. If they are caught, they will be fined. No There will be big things. I thought about it. I haven't heard of anyone who was caught selling toys.' So Chen started to wholesale these toy guns in private. Chen discovered during inspection that the toy guns were indeed all plastic, and some of the shells were painted with metallic paint. At that time, the police seized more than 1,500 boxes of unsold toy guns in the warehouse on the spot, and among the seized imitation guns, there were 353 imitation guns with a high degree of imitation, which were close to real guns. According to the laws of our country, if the circumstances are particularly serious for selling more than 30 guns in violation of regulations, they will be sentenced to more than 10 years of fixed-term imprisonment, life imprisonment, or death penalty. However, if Chen sells more than 10,000 'gunsHow to judge? On March 12, 2013, the Japan Newspaper carried out this matter. It was determined that there are 417 guns among more than 10,000 simulated guns In March 2013, the Shenyang Intermediate People's Court heard Chen's case. The court found that Chen illegally purchased various simulated guns from other places, transported them to Shenyang through logistics, and sold them to Changchun, Tongliao, and Zhuanghe, Liaoning. The police seized more than 1,500 boxes of unsold fake guns in the warehouse. It was identified that 353 of them were guns with lethality. After Chen's accident, many of the next homes who had been shopping here came to return the goods, and the family stored these goods in another warehouse. Soon after, the police seized 67 fake guns, of which 64 were identified as guns. The gun and ammunition appraisal certificate of the Shenyang Public Security Bureau confirmed that the 417 suspected guns submitted for inspection were all identified as guns in accordance with the Ministry of Public Security's 'Regulations on the Performance Appraisal of Firearms and Ammunition Involved by the Public Security Organs'. Therefore, the court of first instance found that Chen was guilty of illegal trading and transportation of guns and sentenced him to 13 years in prison. Chen subsequently filed an appeal, thinking that what was involved was a toy gun, not a gun in the true sense. The Provincial High Law of the second instance ruled to uphold the judgment of the first instance. In May of this year, the Liaoning Higher People’s Court found that the toy store driver Tang confirmed that Chen and his son organized the source of simulated guns, all of which were shipped in containers by sea, and the simulation was sold. The gun is made of alloy, and its shape, weight, feel, and detailed parts are almost the same as those of real guns. There are five or six types of large submachine guns and sniper rifles. The models are AK47 and M16 respectively. There are 22 models of pistols including ZM01 and ZM02. Witness Zhou XX also confirmed that since 2011, he had purchased more than ten cases of simulated pistols from Chen, all of which were used for BB rounds. There are about a hundred in each box, and some BB bullets. It was sold for more than half a year, and then I heard that Chen had an accident selling simulated guns, so he returned the remaining goods (about dozens of simulated guns) to Chen. Regarding Chen’s grounds for the appeal that “the case involved toy guns rather than guns in the true sense”, after investigation, the gun appraisal opinion issued by the public security organ was legal and had specific relevance to the case. Therefore, Chen was rejected An appeal. The court of second instance held that Chen knew that he had violated the gun management regulations and bought and sold guns in large quantities by means of logistics transportation. His behavior constituted the crime of illegal buying and selling of guns, and the circumstances were serious and should be punished in accordance with the law. Therefore, the appeal was rejected and the original verdict was upheld.