Liaoning guy involved in a major "BBgun" case. He bought 18 guns for 19 yuan and was sentenced to 10 years.

Can I buy 18 plastic toy guns for 400 yuan as a "BBgun"?

According to a Red Star News report on April 5, a 26-year-old Dalian boy named Zhang Huixue was found to be a felon for the sale and possession of 11 toy guns. After being judged by the Liaoning Provincial Higher Court, he was sentenced to ten years in prison.

On March 28, Zhang Huixue was sent to Panjin Prison to serve his sentence.

It is reported that Wu Guirong, Zhang Huixue's mother, has filed a complaint and hopes that the Liaoning Provincial Higher People's Court will initiate a retrial and change Zhang Huixue's innocence. When Hou Xinyi, a member of the National Committee of the Chinese People's Political Consultative Conference and a professor at the Tianjin University of Finance and Economics, learned of the case, he expressed support for Zhang's complaint.

Cause of the case

Amateur wechat trading toy BBgun

　The specific kinetic energy exceeds the gun certification standard

Zhang Huixue was born in a peasant family in Jianping County, Chaoyang City, Liaoning Province in November 1990. He graduated from Tieling Teachers College with a major in marketing planning. After graduation, Zhang Huixue worked in an outdoor development center in Dalian. Because the salary of fresh graduates is not high, and his job is not commensurate with what he has learned at school, he can use his spare time to start a micro business, go to the Internet, toy stores and night markets to approve toys, daily necessities and outdoor sports equipment, and use WeChat Sales.

Zhang Huixue’s father, Zhang Yawei, told Red Star News that in June 2015, Zhang Huixue went to the park with his friends and won a Barrett toy gun in the five-yuan balloon shooting game in Dalian Labor Park. He felt good-looking, so he took it. The self-portrait of the toy gun was also posted in the circle of friends. Some friends saw it and said they liked it very much and wanted to buy it. From this, Zhang Huixue had the idea of selling toy guns.

　No, this actually sent him to prison.

On July 29, 2015, just over a month after visiting the park, Zhang Huixue was arrested by a police officer from the Hutan Street Police Station of the Zhongshan Branch of the Dalian Public Security Bureau on suspicion of illegally buying and selling firearms.

According to the prosecution’s indictment:

In July 2015, Zhang Huixue purchased 1 M05 imitation air rifle and 1 M1911A imitation air pistol from two previous homes (neither of which were seized) through WeChat, and sold them to Shenyang men Zhang and Lin for 1,040 yuan and 650 yuan. XX, made 660 yuan and 950 yuan respectively. In addition, Zhang Huixue bought 18 Yellow River M690 imitation air rifles at a store in the market in Jianchang County, Huludao that month, and sold 8 via WeChat. When the police arrested Zhang Huixue and came back to court, they seized the unsold ones. 10, of which one bolt was damaged.

　After identification, the first two "guns" have specific kinetic energy of 6.6 joules/square centimeter and 3.4 joules/square centimeter, and the last nine “guns” are "all greater than 1.8 joules/square centimeter", and they are all considered guns.

According to Zhang Huixue’s appeal statement, the specific kinetic energy of the 9 Yellow River M690 ranges from 0.9 joules/square centimeter to 3.9 joules/square centimeter.

On April 1, 2016, the Dalian City Procuratorate filed a public prosecution against Zhang Huixue, claiming that he "ignored national laws, illegally bought and sold guns, and seriously violated public safety."

Can the firearm identification standard be used as the trial standard

On June 22 of the same year, the Dalian Intermediate Court opened a trial on this "gun trafficking" case.

Zhang Huixue said in court that he was wronged. He bought and sold toys and did not want to sell real guns. He used his real name and real-name registration phone number to send and receive express delivery. The purchase channel was a regular toy store, and he sold it on the display rack. , And the same toy gun is sold in more than one toy store.

I have played with the Yellow River toy gun when I was a child. They are exactly the same and have been on the market for more than ten years. "Zhang Hui said, how can this be a real gun?

Its defender Wang Shengwen and lawyer Wang Guoxue said in his defense:

The 9 Yellow River M690s bought and sold by Zhang Huixue are cheap, the bullets are BB bullets, and the price is only 19 yuan each. They do not have the subjective intention of buying and selling real guns. They should not be punished as the crime of deliberately selling guns and ammunition; sold to Zhang and Lin "Guns", Zhang Huixue is not a direct seller. He hasn't even seen the actual objects. He doesn't know anything about their injuries and doesn't know that they are guns. Moreover, the public security's appraisal opinion procedure is illegal, and the appraisal basis is insufficient and cannot be used as a basis for a verdict. Zhang Huixue does not constitute a crime.

The two lawyers pointed out that the Ministry of Public Security’s standards for muzzle specific kinetic energy of 1.8 joules/square centimeter or more to be recognized as real guns, and their injury-causing power is based on the "Human Body Injury Identification Standards" and "Human Minor Injury Identification Standards" issued in 1990 The above two standards were abolished on December 31, 2013, so the "1.8 Standard" can no longer be used as the legal standard for criminal trials.