"Please execute with this gun!"
Li Anlong never dreamed that he was convicted by the court of illegal trading of firearms just by selling a gun-type keychain!
At the beginning of the manufacture, he just wanted to make money to support his family through this, and this keychain was only 4cm, which was not lethal at all!
What is the reason for a pistol keychain to become contraband?
The source of this article is from the official media, and the specific links are repeated at the end of the article, but in order to improve the readability of the article, the details may be polished, please read sensibly, for reference only.
Arrested
Li Anlong has been interested in handicrafts since he was a child, and when he grew up, he also opened a tool shop, usually selling gadgets to make money.
In 2018, Li Anlong suddenly had an idea, that is, to sell gun-type keychains.
Although the craftsmanship is a bit complicated, many people are vying to buy it because of its unique shape and small and delicate shell.
Who knows, just as Li Anlong was concentrating on the work in his hand, his studio was suddenly surrounded by a team of heavily armed policemen.
"You've been arrested on charges of illegally buying and selling firearms!" The leading police officer shouted.
Li Anlong was instantly dumbfounded, he was still holding the unfinished pistol keychain in his hand, looking at the police in front of him in confusion, and then at the "work" in his hand, he didn't understand what was going on at all.
It turned out that the police had long been eyeing Li Anlong's "business". Although these pistol keychains are only 4 centimeters in size and cannot be loaded with bullets, let alone shot, they resemble real guns, and their large number has attracted the attention of the police.
After careful investigation, the police determined that Li Anlong's behavior had constituted the crime of illegal trading of firearms, and they arrested him.
In the face of the police's accusations, Li Anlong was speechless. He argued that he was just a craftsman, and that these pistol keychains were all handicrafts, not real guns at all, so how could they be considered crimes?
controversy
On December 15, 2020, the Anshan Intermediate People's Court pronounced the first-instance verdict on Li Anlong's illegal sale of firearms.
The atmosphere at the trial was solemn, and the auditorium was full of Li Anlong's family, colleagues and media reporters.
The prosecution first stated the facts of Li Anlong's crime of manufacturing and selling a pistol-shaped keychain. In order to prove the danger of these keychains, the prosecutor also invited professional criminal police to explain to the court the principles of firearm shooting.
The criminal police explained in plain language that the lethality of a gun mainly depends on the specific kinetic energy of the muzzle.
The greater the specific kinetic energy, the faster the projectile will be launched and the more lethal it will be. Generally, a gun with a muzzle specific kinetic energy of more than 1.8 joules per square centimeter is a firearm within the scope of control.
Speaking of which, the criminal police picked up the keychain made by Li Anlong and tested it.
The test results showed that the muzzle specific kinetic energy of these keychains generally exceeded the safe value of 1.8 joules per square centimeter, so it was determined that Li Anlong's behavior had violated the relevant provisions of the criminal law.
In the face of such strong evidence, Li Anlong defended that what he made was only a keychain, not a real gun, and did not have the function of shooting, so it should not be recognized as a crime.
However, the prosecutor pointed out that according to the current law, as long as the muzzle specific kinetic energy exceeds the standard, it should be recognized as an illegal firearm, and Li Anlong's behavior has constituted a crime and must bear corresponding legal responsibility.
Li Anlong's wife was so anxious that she asked a lawyer to defend her husband. The lawyer who appeared in court was quite experienced and argued.
He refuted the prosecutor's point of view, arguing that simply using the kinetic energy to deal with the key ignores the objective fact that the keychain cannot be loaded with bullets and cannot be shot, and is a mechanical law applicable to the law.
The lawyer made a generous statement: "If the court determines that this is a gun, then ask the court to sentence my client to shoot, and the execution will be carried out with this gun!" This sentence caused an uproar in the audience.
The logic of the lawyer's argument is that if the keychain is a gun, it should be possible to carry out the execution; If you can't even execute a shot, you can't assume that the keychain is a gun. This defense is quite a bit of a fallacy and heresy, but it also reflects the helplessness of the defense.
Judgment
In court, the prosecution and defense were arguing with each other.
Li Anlong's family was nervous in the auditorium, hoping that her husband would be acquitted, but also worried that the court would eventually convict and sentence her. Li Anlong's wife wept several times, and she couldn't accept the fact that her husband had suddenly become a criminal.
After several hours of court investigation and court debate, the judge ruled that Li Anlong was sentenced to four years in prison for illegally manufacturing and trading firearms.
Even in the second and third trials after that, this is still the case.
After the case spread, public opinion also reacted violently.
Some people think that Li Anlong is innocent, he is only doing handicrafts, and should not bear criminal responsibility;
There are also people who believe that the proliferation of gun models will bring hidden dangers to public security, and the police's approach is understandable.
epilogue
For this case, it is necessary to pay attention to strengthening the publicity and education of the law.
Li Anlong claimed that he did not know that the keychain was a controlled item, reflecting a lack of legal awareness. This is by no means an isolated case. Many people have little knowledge of the law and do not understand what it means to break the law, and as a result, they break the law in a vague way. This requires vigilance.
In this regard, the relevant departments shall carry out extensive and in-depth publicity on popular legal education.
In addition, law enforcement and judicial organs should also take the initiative to speak out and respond to social concerns in a timely manner.
For some controversial cases, it is necessary to fully listen to the opinions of all parties, patiently resolve doubts and doubts, use cases to explain the law, and eliminate the public's vague understanding. With regard to deficiencies in law enforcement and justice, it is necessary to accept criticism with an open mind, actively improve work, and enhance judicial credibility.
In short, in today's comprehensive rule of law, it is the basic obligation of every citizen to respect the law, study the law, abide by the law, and use the law. No one can leave anything to chance and cross the red line of the law.
At the same time, while strictly enforcing the law, law enforcement and judicial organs should actively carry out legal popularization and publicity, raise the awareness of the rule of law among the whole people, and truly realize that "the law is nothing more than human feelings". Only when the rule of law is deeply rooted in the hearts of the people can society achieve lasting peace and stability.
Shingen
[1] Beijing Youth Daily - "Man Arrested for Selling Gun-shaped Keychain, Police Have Identified as Firearms-Beijing Youth Daily"