Laws Information

法規資訊
Title: Controlling Guns, Ammunition and Knives Act
Am Date: 2017-06-14
Legislative History: Amended by Presidential Order of Hua Zong 1 Yi Zi No. 10600073201 on Jun. 14, 2017

Transaction

Amended

Article 5-2
If the firearms, ammunition and knives which are permitted according to this Act have one of the following facts, the owner’s permit will be revoked or cancelled. The said firearms, ammunition and knives will be purchased by the competent authorities, but those which were purchased and used by the governmental agencies or used against this Act shall not be purchased.
1. Reasons for the approval become invalid.
2. No need to be used or too damaged to be used.
3. The owner loses his/her status as an indigenous people or a fisherman.
4. The owner evades, hinders or rejects an inspection.
5. The owner was dead.
6. The owner is finally convicted and sentenced to a fixed term of imprisonment.
7. The declaration of the owner under guardianship or assistance is still valid.
8. The organizations possessing firearms, ammunition and knives are dissolved.
9. Failure to comply with the requirements.
Re-applications for possession of knives after the death of an owner and the dissolution of an organization or for continued possession of self-made shotguns after the death of the owner by a successor can be made. Once approved, the said items will not be purchased by the competent authorities.
The successors of self-made shotguns prescribed in the preceding paragraph is only limited to one of those who possess the forced heirship. If the successor is a minor or incompetent he /she is not entitled to apply for continued possession.
The national competent authority shall draw up annual budgets for purchase in accordance with paragraph 1. The price shall be determined by the national competent authority and implemented by the municipal and county (city) governments.
The purchased firearms, ammunition and knives and the revoked licenses in accordance with paragraph 1 shall be referred to the National Police Agency by the national competent authority for destruction. Those kept for use, however, shall not be destroyed.
Prescribed in subparagraph 6 of paragraph 1, the provision is applicable to either indigenous people approved to possess with self-made shotguns or harpoon guns intend to commit a crime with a sentence of imprisonment of no less than 3 years, or anyone committed one of the following crimes:
1. The offense as prescribed in paragraph 1 and 4 of Article 185-2, and  Article 186, and paragraph 1 and 4 of Article 186-1, and Article 187, and Article 224,and paragraph 2 of Article 231-1, and paragraph 3 of Article 271, and paragraph 3 of Article 272, and Article 273, and Article 274, and Article 275, and paragraph 1 of Article 277, and Article 279, and Article 281, and Article 282, and Article 296, and Article 298, and paragraph 1 and 3 of Article 302, and Article 303, and Article 304, and Article 305, and Article 321, and paragraph 1 and 3 of Article 325, and Article 326, and paragraph 5 of Article 328, and Article 346, and paragraph 4 of Article 347 of the Criminal Code.
2. The offense as prescribed in paragraph 2 of Article 51, and Article 52, and paragraph 2 of Article 53, and Article 54 of the Forestry Act.
3. The offense as prescribed in Article 40, and Article 41, and Article 42 of the Wildlife Conservation Act. But prior to the amendment, wildlife may be hunted, killed for traditional cultural, ritual hunting, or non-profitable utilization by indigenous people is not applicable to the punishment.
4. The offense as prescribed in Article 9, and paragraph 1 and 2 and 4 and 5 of Article 12, and paragraph 2 and 4 and 5 of Article 13, and Article 14, and Article 15 of the Controlling Guns, Ammunition and Knives Act.
5. The offense as prescribed in Article 2, and Article 3, and Article 7 of the Smuggling Penalty Act.
6. The offense as prescribed in the second sentence of paragraph 1 of Article 3, and Article 6 of the Organized Crime Prevention Act.
7. The offense as prescribed in paragraph 5 and 6 of Article 4, and paragraph 4 of Article 5, and paragraph 2 through 5 of Article 7, and Article 8, and Article 10, and Article 11, and Article 13, and Article 14, and Article 15 of the Narcotics Hazard Prevention Act.
Prior to effectiveness of the amendment of the article of the Act on May 26, 2017, indigenous people committed the crimes in addition to the cases referred to in the preceding paragraph. The municipal governments, and county (city) governments have revoked or cancelled the owner’s permit of self-made shotguns or harpoon guns pursuant to the subparagraph 6 of paragraph 1 of the Act without purchasing. The municipal governments, and county (city) governments shall inform of the indigenous people to re-apply for the permit within 3 months. If the applicants fail to re-apply or the application is not approved, the municipal governments, and county (city) governments shall still purchase the self-made shotguns or harpoon guns pursuant to the Act.