One of the strictest countries in terms of gun control, China has seen many military enthusiasts unknowingly landing themselves in hot water for buying replica guns that are considered toys in other parts of the world but are seen as deadly weapons by the Chinese authorities. The strict firearm policy stems from a long history of weapon bans dating back to China's dynastic past, which remains deeply rooted in the authorities' anxiety toward social uprisings and how lax control of firearms may raise the cost of maintaining stability.
Buying a toy gun may lead to life imprisonment in China but many people are not aware of it.
Liu Dawei, 20, thought it was a joke when he was questioned by police but later grew desperate when a court in Quanzhou, East China's Fujian Province ruled that 20 out of 24 of his replica guns, bought online from a Taiwan vendor and confiscated by mainland customs, were de-facto firearms and sentenced him to life imprisonment for weapon smuggling.
Liu felt the verdict could not be more ridiculous, arguing that the replica guns were merely toys with no ability to hurt people.
"Shoot me with my guns. I will plead guilty if they are capable of killing me!" Liu screamed in desperation at the judges when his verdict was announced last year.
His family was devastated.
His mother, Hu Guoji, burst into tears when Liu told his parents during their visits that he wanted to commit suicide.
"My son has always wanted to join the army. He started playing with plastic toy guns when he was three. He bought those replica guns to feel closer to his dream. Is this what he is supposed to get for wanting to defend his country?" Liu Dawei's father, Liu Xingzhong, told the Global Times.
To save their son, Liu's family has filed an appeal with the Fujian High People's Court. After waiting for more than a year, they finally received a notice two weeks ago saying that the court has started reviewing the case.
Liu was one of many people in China who, due to a lack of knowledge of the country's strict definition of firearms and rigid gun control policies, unknowingly made themselves criminals by trading or possessing what they believe are toy guns, which the authorities see as deadly weapons.
"China is one of the strictest countries in the world in terms of gun control regulations. There has been a historic tradition in this country, dating all the way back to Qin Dynasty (221BC -206BC), to ban the possession of weapons, which is deeply rooted in the authorities' anxiety and distrust toward what may come next if weapons are easily obtained by civilians," Ruan Qilin, a professor at the China University of Political Science and Law, told the Global Times.
Crime threshold lowered
China's Criminal Law, which was implemented in 1980, enforces severe punishment on the smuggling and illegal trade of firearms without providing a clear definition of what constitutes an illegal gun.
The punishment ranges from three years in jail for selling or buying one gun to life imprisonment or even the death sentence for dealing with more than 20 guns, according to Ruan.
The current definition of firearms, which is widely adopted in courts across China, was created by the Ministry of Public Security in a 2010 document. It stipulates that guns that are able to fire bullets with a kinetic force of over 1.8 joules per square centimeter will be considered illegal firearms.
This new definition was based on a recommendatory industry standard made by a criminal technology committee in 2007, which was nine times more stringent than the previous one.
However, this criterion has been questioned by many scholars as a research report published in the Journal of Fujian Police College in 2008 showed that the minimum kinetic energy required to penetrate the human skin is 16 joules per square centimeter.
