Do not buy uncertain “toy guns,” BB guns, or airguns online
Under the cited Chinese identification standard, a nonstandard gun unable to fire conventional ammunition can still be classified as a firearm if its muzzle specific kinetic energy reaches 1.8 joules per square centimeter. Unlawful possession can carry up to three years, or three to seven in serious cases. In one official “toy gun” case, 18 of 43 seized items met the firearm standard; non-prosecution depended on insufficient proof that the sellers knew their nature.
What it takes
Nothing to refrain from buying. For shooting as a sport, use a lawful shooting facility.
What you may gain
Unlawful possession or concealment of firearms carries up to three years, or three to seven for serious circumstances. The cited identification threshold for nonstandard guns is muzzle specific kinetic energy of at least 1.8 J/cm², the energy per unit projectile cross-sectional area at the muzzle. The source warns that some online BB and airguns exceed it. Since 2018, the Supreme People’s Court and Supreme People’s Procuratorate have required an overall assessment for lower-energy airguns, considering appearance, material, price, purpose, and the defendant’s knowledge when deciding conviction and sentence. In the Zhao couple’s case, 18 of 43 “toy guns” sold at a market met the technical firearm standard, but insufficient evidence of their knowledge led to non-prosecution on evidentiary grounds.
Context & considerations
The important feature of the non-prosecution case was the lack of sufficient proof of knowledge. Someone deliberately purchasing a BB gun or airgun should not assume that calling it a toy provides the same protection. The original did not verify the primary rules on crossbows or controlled knives and does not cover them here.
Research & references
National People’s Congress (2020). Criminal Law consolidated through Amendment XI, Article 128. https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/11033925/index.html; Supreme People’s Court and Supreme People’s Procuratorate (2018). Reply on convictions and sentencing involving compressed-gas guns and airgun pellets, Judicial Interpretation 2018 No. 8. https://www.spp.gov.cn/xwfbh/wsfbt/201803/t20180328_372604.shtml; Supreme People’s Court (2018). Explanation and application of the reply. https://www.court.gov.cn/zixun/xiangqing/88472.html.