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2018-08-16
The Regulations Governing Permission and Management of Guns, Ammunition, Knives and Weapons

Chapter I. General Provisions

Article 1.

 

The Regulations are established in accordance with Paragraph 1 of Article 6-1 and Paragraph 3 of Article 20 of the Statue Governing the Control Over Guns, Ammunition, Knives and Weapons (hereinafter referred to as the “Statute”).

Article 2.

 

The terms used herein are defined as following:

1. Indigenous people: Indigenous people referred to in Article 2 of the Status Act For Indigenous Peoples.

2. Fishermen: Nationals who are physically engaged in catching or harvesting aquatic animals and hold the Fishing Vessel Crew Identification.

3. Self-made shotgun: The tool made by the applicant independently or with the indigenous people for non-profit-seeking purpose, for traditional customs and cultures and earning a living, in the following manners and at the location approved by a police office.

(1) To reject the filling materials, it is necessary to fill black powder in the gun barrel from the muzzle one-by-one and trigger it by percussion primer or in any other manner, or ignite with blanks for the primer of a staple gun with the caliber less than 0.27 inch.  

(2) The filling materials shall be filled into the self-made shotgun barrel for rejection and smaller than the glass lens and lead pellet in the gun caliber.  The gun is not equipped with a bullet and any other cartridge similar to emitter, cartridge case, primers and fire.

(3) The total length of gun (including barrel) shall no less than 38 inches (about 96.5cm).

4. Self-made harpoon gun: The tool made by the applicant independently or with the fishermen or indigenous people for non-profit-seeking purpose, for the indigenous people or fishermen to earn a living, to launch sharp objects made of steel, hard plastic materials or wood to attack fish by means of the tensile strength of rubber, instead of such explosive as gunpowder, at the location approved by a police office.

Article 3.

 

An entity (organization), school, group, people or supplier shall not purchase, use, manufacture, sell, transport, transfer, lease, lend, hold, store or display the firearms and ammunition prescribed in the subparagraphs 1 and 2 of Paragraph 1, Article 4 of the Statute without approval of the central competent authority.

The approval referred to in the preceding paragraph may be granted by National Police Agency, Ministry of Interior (hereinafter referred to as the “National Police Agency”) on a commission basis.

The manufacturing, sale, transportation, transfer, lease, lending or holding of the knives and weapon referred to in the subparagraph 3 of Paragraph 1, Article 4 of the Statute by any people, group or supplier pursuant to the Regulations, and the manufacturing, transportation and holding of the self-made shotguns or harpoon guns among indigenous people or fishermen shall be subject to the approval of the municipal governments, and county (city) governments.  The approval referred to in the preceding paragraph may be granted by the police office of the municipal government or county (city) government on a commission basis.

Chapter II. Permission and Management of Guns and Ammunition

Article 4.

 

Governmental agencies (organizations) which are permitted to possess or use guns and ammunition pursuant to laws may apply for purchasing, using, transferring, leasing, lending, holding, storing or displaying the guns and ammunition.

The agencies (organizations) referred to in the preceding paragraph shall apply with the central competent authority, attached with the information about model No., catalogue, quantity and purpose of the guns and ammunition, for permission before purchasing, transporting, transferring, leasing, lending, holding, storing or displaying the guns and ammunition.  In case of transfer of the same, the agencies (organizations) shall apply with the municipal government or county (city) government within the jurisdiction where the license of guns and ammunition is issued for registration the update, attached with the license, within 7 days following the date of permission.

Article 5.

 

Academic research entities (organizations) may apply for purchasing, using, transporting, transferring, leasing, lending, holding, storing or displaying guns and ammunition to meet the need for research and development.

The entities (organizations) referred to in the preceding paragraph shall apply with the central competent authority, attached with the approval certificate issued by the central authority in charge of the relevant industry and the information about model No., catalogue, quantity and purpose of the guns and ammunition, for permission before purchasing, transporting, transferring, leasing, lending, holding, storing or displaying the guns and ammunition.  In case of transfer of the same, the entities (organizations) shall apply with the police office of the municipal government or county (city) government within the jurisdiction where the license of guns and ammunition is issued for registration the update, attached with the license, within 7 days following the date of permission.

Article 6.

 

Schools at all levels may apply for purchasing, using, transporting, transferring, leasing, lending, holding, storing or displaying guns and ammunition for military training to meet the need for military training.

The schools referred to in the preceding paragraph shall apply with the central competent authority, attached with the approval certificate issued by the central authority in charge of the relevant industry and the information about model No., catalogue, quantity and purpose of the guns and ammunition, for permission before purchasing, transporting, transferring, leasing, lending, holding, storing or displaying the guns and ammunition.  In the case of transfer of the same, the entities (organizations) shall apply with the police office of the municipal government or county (city) government within the jurisdiction where the license of guns and ammunition is issued for registration the update, attached with the license, within 7 days following the date of permission.

Article 7.

 

Animal conservation entities (organizations) or groups may apply for purchasing, using, transporting, transferring, leasing, lending, holding, storing or displaying tranquilizer guns to meet the need for animal conservation and safety.

The entities (organizations) or groups referred to in the preceding paragraph shall apply with the central competent authority, attached with the approval certificate issued by the central authority in charge of the relevant industry and the information about model No., catalogue, quantity and purpose of the tranquilizer guns, for permission before purchasing, transporting, transferring, leasing, lending, holding, storing or displaying the guns and ammunition.  In the case of transfer of the same, the entities (organizations) or groups shall apply with the police office of the municipal government or county (city) government within the jurisdiction where the license of tranquilizer guns is issued for registration the update, attached with the license, within 7 days following the date of permission.

Article 8.

 

People may purchase and use no more than two harpoon guns per person, unless in any of the following circumstances:

1. Less than 20 years old.

2. Final conviction and sentenced to a fixed term of imprisonment.

3. Declared to be under guardianship or assistance, and the declaration is still valid.

The owner shall carry the license on person when taking the harpoon gun with permission out.

Where the owner’s domicile address is changed, he shall report the change to the police office of the municipal government or county (city) government for registration of the update via the jurisdictional police stations (posts) before and after the change respectively, attached with the license and application form for update, within one month following the date of change.  

Article 9.

 

The applicant who is permitted to import/export guns and ammunition shall apply with the central competent authority for the approval certificate before import/export of the same, and shall apply with various customs offices of the Directorate General of Customs, Ministry of Finance for inspection and custom clearance.  Where the approval certificate is lost or damaged, the applicant shall apply for re-issue of the same.

Article 10.

 

The entity (organization), school and group which is permitted to purchase guns and ammunition shall have its representative, responsible person or owner apply with the police office of the municipal government or county (city) government within the jurisdiction where the entity (organization), school, or the principal business office or domicile thereof is located for inspection and issuance of license within 7 days following the date of purchase or holding, and the application shall be documented and controlled.

Where the guns and ammunition referred to in the preceding paragraph meet any of the circumstances identified in Paragraph 1, Article 5-2 of the Statute, the representative, responsible person or owner of the entity (organization), school and group shall report the same to the municipal government or county (city) government within the jurisdiction where the entity (organization), school, or the principal business office or domicile thereof is located, attached with the license, within 15 days following the date of cancellation or revocation of the permission to have the government purchase the guns and ammunition at specific price or confiscate the guns and ammunition.  Where no one submits such report, the guns and ammunition shall be confiscated by the municipal government or county (city) government within the jurisdiction where the guns and ammunition are located.

Where the guns and ammunition referred to in Paragraph 1 are lost, the representative, responsible person or owner of the entity (organization), school and group shall submit the license to the police office of the municipal government or county (city) government within the jurisdiction where the entity (organization), school, or the principal business office or domicile thereof is located.

Article 11.

 

The entity (organization) or group which is permitted to purchase guns and ammunition shall install an metal cabinet on its premises to store the same.  The guns and ammunition shall be stored separately but controlled centrally.  The metal cabinet must be solid and equipped with the device against theft and fire and also ventilation device.

The same shall apply to the storage and custody of self-made shotguns and ammunition by the indigenous people who are permitted to hold the self-made shotguns and ammunition at their residences or domiciles.

Article 12.

 

The guns and ammunition purchased by the schools at all levels with permission shall be kept in a storeroom centrally.  The storeroom shall be installed in the following manners:

1. The storeroom shall be located in a safe place inside the school or premises of residing military army.

2. The guns and ammunition shall be stored in storerooms separately and maintained by the dedicated personnel 24 hours each day.

3. The storeroom shall be constructed with steel reinforced concrete and equipped with iron gate, iron windows and lock.

4. The storeroom shall be equipped with CCTV alternating-current and direct-current alarms.

5. The storeroom shall be equipped with such fireproof equipment as fire sand, water and fire extinguishers.

6. The storeroom shall be equipped with gun cabinets with a lock.

7. The storeroom shall be equipped with vent holes, and also thermometer and hydrometer.

Article 13.

 

A supplier that is engaged in import/export of guns and ammunition, manufacturing and exportation of key spare parts thereof or manufacturing of harpoon gun for domestic marketing/exportation and maintenance of guns shall submit an application form to the central competent authority for permission.  Where the supplier is a company, it shall also submit the original or photocopy of the acknowledgement form of pre-check application of company registration of the Ministry of the Economic Affairs.  In the case of a photocopy, it shall be affixed with the company and its seals of responsible person.

Article 14.

 

A supplier that is engaged in import/export of guns and ammunition, manufacturing and exportation of key spare parts thereof or manufacturing of harpoon gun for domestic marketing/exportation and maintenance of guns referred to in the preceding Article shall attach the following documents to its application with the central competent authority for permission:

1. Application form

2. In the case of export, please attach the purchase order of foreign company or any document sufficient to prove the manufacturing and exportation, with a Chinese translation thereof; in the case of import, please attach the contract or power of attorney.

3. Model No. of the gun and ammunition and catalogue thereof in six copies, and statement of quantity.

4. Original or photocopy of the company or factory registration certificate; the photocopy, if any, shall be affixed with the seals of company and its responsible person .

The key spare parts of guns and ammunition manufactured for export may not be exported, unless they are inspected by the police office of the municipal government or county (city) government within the jurisdiction where the company or factory is located.  A duplicate of the export certificate (as the proof of export) shall be submitted to the police office in charge of the inspection within 20 days following the date of export.

The harpoon guns as imported and manufactured may not be displayed or sold in any sporting goods store, fishing store or diving sport store which is registered duly to engage in related business scopes, unless the police office of the municipal government or county (city) government within the jurisdiction where the company or factory is located inspects the same and issues the license for the guns.

Article 15.

 

Indigenous people who wish to make the tool for traditional customs and cultures and earning a living and meet the following conditions may apply for manufacturing, transporting and holding self-made gunshots or harpoon guns:

1. 20 years old and above.

2. Not declared to be under guardianship or assistance.

3. Not convicted for the offense referred to in Paragraph 6, Article 5-2 of the Statute or the circumstances referred to in Paragraph 4, Article 20 of the Statute.

The fishermen who are physically engaged in catching or harvesting aquatic animals and free from the circumstances referred to in Paragraph 1, Article 8 herein may apply for manufacturing, transporting or holding self-made harpoon guns.

Article 16.

 

Indigenous people or fishermen who wish to apply for manufacturing, transporting or holding self-made shotguns or harpoon guns shall submit a written application form the competent authority of the municipal government or county (city) government via the local police station (post) within the jurisdiction where the domiciles of indigenous people or fishermen are located.  The competent authority shall re-check the written application within 15 days upon receipt of the same.  Upon the permission of competent authority, the applicant shall complete or hold the self-made guns and apply with the police office of the municipal government or county (city) government within the jurisdiction where his domicile is located for inspection, affixation of seal, issuance of license and recordation within one month following the date of receipt of the permission; otherwise, the permission shall become void and null.

The owner shall carry the license on person when taking the self-made shotgun or harpoon gun with permission out.

Where the domicile address of owner is changed, he shall report the change to the police office of the municipal government or county (city) government for registration of the update via the jurisdictional police stations (posts) before and after the change respectively, attached with the license and application form for update, within one month following the date of change.

Article 17.

 

The indigenous people may apply for holding no more than two self-made shotguns or harpoon guns per person, and no more than six shotguns or harpoon guns per household.

The fishermen may apply for holding no more than two self-made harpoon guns per person, and no more than six harpoon guns per household.

Article 18.

 

Where the self-made shotguns or harpoon guns meet any of the circumstances identified in Paragraph 1, Article 5-2 of the Statute, the owner or his heir shall report the same to the municipal government or county (city) government within the jurisdiction where his domicile is located, attached with the license, within 15 days following the date of cancellation or revocation of the permission to have the government purchase the guns and ammunition at specific price or confiscate the guns and ammunition.  Where no one submits such report, the guns shall be confiscated by the municipal government or county (city) government within the jurisdiction where the guns are located.

Where the self-made shotguns or harpoon guns are lost, the owner shall submit the license to the police office of the municipal government or county (city) government within the jurisdiction where his domicile is located.

Article 19.

 

The sale, transfer, lease, lending or storage of the self-made shotguns or harpoon guns among indigenous people or fishermen for earning a living shall be subject to the approval of the competent authority of the municipal governments, and county (city) governments within the jurisdiction where their domicile is located.  No permission shall be granted to the indigenous people or fishermen who fail to meet Article 15 herein.  In the case of sale or transfer of the same, the indigenous people or fishermen shall apply with the police office of the municipal government or county (city) government within the jurisdiction where their domicile is located, attached with the license, within 7 days following the date of permission. 

Article 20.

 

The license for the guns and ammunition permitted pursuant to the Regulations shall be issued within one month upon completion of the inspection.  Where the license is re-issued upon request, such license shall be valid during the residual valid term of the original one.

When an entity or group applies for the license, it shall submit the application form, history of the guns and name list of employees dedicated to managing the guns and ammunition, together with the approval certificate, to the police office of the municipal government or county (city) government for review and issuance of license.

The application for reimbursement of the issue fees and expenses shall apply Article 10 of the Self-defense Guns Control Act.

Chapter III. Permission and Management of Controlled Knives and Weapons

Article 21.

 

Any person or group may apply for carrying knives and weapons for the purpose of memorization, decoration, fitness, show, exercise or fair recreation and leisure, unless the person or the group’s responsible person meets any of the circumstances referred to in Paragraph 1, Article 8 herein.

Article 22.

 

The person or group that wishes to apply for carrying knives and weapons shall submit the following documents to the competent authority of the municipal government or county (city) government within the jurisdiction where his/her or its principal business office or domicile is located for permission:

1. Application form

2. Photocopy of the applicant’s ID card or the group’s certificate of registration

3. Colorful legend of the knives in six copies, detailing the quantity, purpose, length of handle and blade of the knives and whether the knives are sharpening. 

4. Original or photocopy of the company or factory registration certificate; the photocopy, if any, shall be affixed with the seals of the company or factory, and the seal of responsible person.

The application shall be recorded after the police office of the municipal government or county (city) government completes the inspection on the knives and issues the license.

Article 23.

 

The person or group that wishes to import/export knives and weapons shall apply to the competent authority of the municipal government or county (city) government within the jurisdiction where their domicile or principal business office is located with materials about model No., catalogue, quantity and purpose of the knives and weapons for the approval certificate before importing/exporting knives and weapons, and shall apply to various customs offices of the Customs Administration, Ministry of Finance for inspection and custom clearance with the approval certificate. If the approval certificate is lost or damaged, the applicant shall apply for re-issue.

The person or group shall apply, attached with the information about model No., catalogue, quantity and purpose of the knives and weapons, to the competent authority of the municipal government or county (city) government within the jurisdiction where their domicile or principal business office is located for the approval certificate before purchasing the knives and weapons domestically. The applicant shall apply to the police office of the municipal government or county (city) government within the jurisdiction where his domicile is located for inspection and issuance of license in the manner referred to in the preceding Article, within 7 days following the date of importing, purchasing or holding the knives and weapons referred to in the preceding two paragraphs.

Article 24.

 

The owner of knives or weapons shall carry the when he/she leaves home. If the knives and weapons are lost, the owner shall submit the license to the police office of the municipal government or county (city) government within the jurisdiction where his domicile is located. 

Article 25.

 

If the owner’s domicile address or the group’s principal business place is changed, he/it shall report the change to the police office of the municipal government or county (city) government for registration of the update via the jurisdictional police stations (posts) before and after the change respectively, attached with the license and application form for update, within one month following the date of change.

Article 26.

 

The person or group that meets any of the circumstances referred to in Paragraph 1, Article 5-2 of the Statute may have his/its knives and weapons acquired or canceled pursuant to Paragraph 1, Article 18 herein.

Article 27.

 

The sale, transfer, lease or lending of the knives and weapons by the person or group shall be subject to the approval of the competent authority of the municipal governments, and county (city) governments within the jurisdiction where his domicile or its business place is located.  No permission shall be granted to the person or group that meets Paragraph 1, Article 8 herein.  In the case of sale or transfer of the same, the person or group hall apply with the police office of the municipal government or county (city) government within the jurisdiction where his domicile or its business place is located, attached with the license, within 7 days following the date of permission.

Article 28.

 

The supplier that is engaged in importing/exporting, manufacturing and sale of knives and weapons shall submit an application form to the competent authority of the municipal governments, and county (city) governments within the jurisdiction where its domicile or its business place is located for permission. If the supplier is a company, it shall also submit the original or photocopy of the acknowledgement form of pre-check application of company registration of the Ministry of Economic Affairs. In the case of a photocopy, it shall be affixed with the seals of the company and its responsible person

Article 29.

 

The supplier that is engaged in import/export, manufacturing and sale of knives and weapons referred to in the preceding Article shall attach the following documents to its application with the competent authority of the municipal governments, and county (city) governments within the jurisdiction where his domicile or its business place is located for permission:

Application form

Original or photocopy of the company or factory registration certificate; the photocopy, if any, shall be affixed with the company’s and its responsible person’s seals.

Colorful legend of the knives in six copies, detailing the quantity, purpose, length of handle and blade of the knives and whether the knives are sharp.

In the case of export, please attach the foreign company’s purchase order or any document sufficient to prove the manufacturing and exportation, with a Chinese translation thereof.

For the knives and weapons available to the natives or groups, the approval certificate issued by the competent authority of the municipal governments, and county (city) governments within the jurisdiction where the natives’ domiciles or the groups’ principal business places are located shall be attached.

The knives and weapons manufactured for export may not be exported, unless they are inspected by the police office of the municipal government or county (city) government within the jurisdiction where the company or factory is located.  A duplicate of the export certificate (as the proof of export) shall be submitted to the police office in charge of the inspection within 20 days following the date of export.

Chapter IV. Bylaws

Article 30.

 

The central competent authority shall conduct a general inspection on any permitted guns, ammunition, knives and weapons, provided that it may conduct the inspection specially whenever it deems necessary to keep the peace.

Article 31.

 

Where the license or permit of the guns, ammunition, knives and weapons permitted pursuant to the Regulations are lost or damaged, the representative, responsible person or owner of the entity (organization), school and group shall apply to the police office of the municipal government or county (city) government within the jurisdiction where the entity (organization), school, or the principal business office or domicile thereof is located for re-issue of the same.

Article 32.

 

Where the owner carries the permitted guns, ammunition, knives and weapons with him/her out of his domicile for more than 15 days or carries the same back with him/her, he/she shall state the model, quantity, residence and duration of stay in writing to the police office of the municipal government or county (city) government within the jurisdiction where his/her domicile is located.

The police office of the municipal government or county (city) government within the jurisdiction where the owner’s domicile is located shall notify the local police station nearby the owner’s domicile.  Where the owner provides inconsistent information or fails to report, the police station should communicate with the police office to work on it together.

Article 33.

 

The guns, ammunition, knives and weapons to be acquired or canceled pursuant to Paragraph 1, Article 5-2 of the Statute shall be destroyed by the Police Equipment Maintenance Plant of the National Police Agency. The budget for such destruction shall be prepared by the National Police Agency year by year.

Where the owner or group of knives and weapons is deceased, or dissolved, a re-application for ownership shall be filed within 3 months following the date of occurrence. Where the owner of self-made shotguns is deceased but his heir applies for continuously holding the same, he/she shall file the re-application within 3 months following the date of occurrence.

Article 34.

 

The license for guns and ammunition and inspection certificate for harpoon guns shall be printed by the central competent authority.  The permit for knives and weapons shall be printed by the police office of the municipal government and county (city) government.

The inspection and licensing on guns and ammunition shall be conducted once per two years, commencing from January 1 of the first year.  The license is valid for two years and shall be revoked upon expiration and re-issued.

Article 35.

 

The forms required herein shall be authorized by the central competent authority.

Article 36.

 

The Regulations shall be enforced as of the date of promulgation.


 
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Ministry of the Interior. Republic of China(Taiwan)
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