The Legislative Yuan yesterday passed amendments adding a penalty of at least seven years in prison for discharging a firearm in public.
The amendments to the Controlling Guns, Ammunition and Knives Act (槍砲彈藥刀械管制條例) state that in addition to jail time, a person who fires a gun in public could be fined up to NT$15 million (US$479,019).
The change, proposed by the Ministry of the Interior, follows police seizures of new kinds of modified guns that have been involved in incidents that resulted in casualties.
 
                    Photo:CNA
Prior to the amendments, firing any kind of gun in public was not treated as a criminal offense under the Criminal Code.
A provision in Article 63 of the Social Order Maintenance Act (社會秩序維護法) treated “firing a weapon without justifiable reasons in public” as a crime, but only carried a penalty of no more than three days in prison or a fine up to NT$30,000.
The revised law regulates all types of firearms, ammunition and related equipment to enhance the traceability of nonstandard firearms, the ministry said.
Public use of a nonstandard firearm comes with a jail sentence of five to 12 years and a fine of up to NT$10 million.
Those who manufacture, sell, transport or transfer replica guns could face a sentence of up to seven years in jail and a fine of up to NT$7 million, while those who manufacture, sell or transport parts for replica firearms without approval could be fined NT$1 million to NT$10 million.
If the offense is serious, the seller could be ordered to suspend or terminate their operations, the bill says.
Nonstandard guns are considered firearms that are produced by factories not licensed by the government, and include modified guns.
Replica guns are defined as devices resembling a real firearm in terms of its exterior, structure and materials used to produce it, and could be altered to fire like a real gun.
The amendments also revise a provision stipulating that people who contravene the law, but surrender with all of their firearms, ammunition and knives “may” have their penalties reduced or exempted.
Previously, the Controlling Guns, Ammunition and Knives Act stated that individuals surrendering their firearm “shall” have their penalties reduced or exempted.
Minister of the Interior Lin Yu-chang (林右昌) yesterday said the amendment aimed to curb the circulation of nonstandard weapons, including modified and replica firearms, and stiffen penalties.
About 90 percent of the illegal weapons seized by police this year had been modified, Lin said.

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