Research On The Crime Of Illegal Sale Of Firearms

Since the crime of illegal guns trafficking was criminalized by the Criminal Law in 1997,the standard of firearms identification has been declining.The controversy brought about by the judicia1 practice in this type of case is the wrong understanding of the crime of illegal gun trafficking.It is always mistaken by many criminal suspects that the firearms they buy or sell are toy guns or simulated guns,which are too far apart from the “arms”,so there is no violation of the Criminal Law,but the illegal cognition errors or factual cognition errors,and there are also different opinions on whether illegal or factual cognition errors.In the determination of illega1“buying and selling”,some scholars believe that the pure purpose of purchasing guns if only for their own play or appreciation to maintain the state of possession of guns,rather than circulation,transactions or dissemination.However the illegal trafficking refers to the transfer of transactions,therefore,it should be convicted and punished as the crime of illegal possession of firearms,not the crime of illegal guns trafficking.The paper clarifies the controversial views through various methods of legal interpretations in connection with the real cases and makes an in-depth study on the criteria for identifying firearms,the problem of misperception,and the problem of identifying illegal trade.It puts forward suggestions for perfecting legislation and provides a more appropriate theoretical guidance for dealing with similar cases in judicial practice.