最高法发布依法惩治射钉器改制火药枪犯罪典型案例

Core Viewpoint - The Supreme People's Court has released six typical cases regarding the punishment of crimes involving the modification of nail guns into firearms, highlighting the serious safety risks and social harm associated with such activities [1][2][3]. Group 1: Legal Enforcement and Social Stability - The court emphasizes strict legal enforcement to maintain social stability and protect public safety, as modified firearms can escalate criminal activities and cause public panic [1][2]. - The typical cases involve illegal manufacturing, selling, and possession of modified firearms, which violate national gun management regulations [1][2]. Group 2: Balanced Judicial Approach - The court adopts a balanced approach in handling such cases, applying strict penalties for severe offenses while considering leniency for minor infractions or cases where individuals voluntarily surrender firearms [2][3]. - The cases illustrate the principle of "leniency in minor cases and severity in serious cases," encouraging self-reporting and cooperation with law enforcement [2][3]. Group 3: Public Awareness and Legal Education - The release of these cases aims to raise public awareness about the risks associated with illegal firearms and the importance of adhering to gun control laws [3]. - The court seeks to clarify legal boundaries and reinforce the message that any illegal manufacturing, selling, or possession of firearms is punishable by law [3]. Group 4: Case Summaries - Case 1: Wu Mouxiang's Illegal Manufacturing of Firearms: Wu modified a nail gun into a firearm and was sentenced to two years in prison with a three-year probation due to his cooperation with authorities [7][8][9]. - Case 2: He and Liu's Illegal Sale and Mailing of Firearms: The defendants sold modified nail guns online, resulting in sentences of 12 and 11 years in prison for serious public safety violations [10][11][13]. - Case 3: Luo's Illegal Manufacturing and Possession of Firearms: Both defendants were involved in illegal activities leading to injuries, with sentences reflecting their cooperation with law enforcement [14][15][16]. - Case 4: Chen's Illegal Possession and Use of Firearms: Chen was sentenced to four years and six months for illegal possession and hunting protected wildlife with modified firearms [18][19][20]. - Case 5: Zhang's Illegal Possession of Firearms: Zhang received a sentence of three years and three months for possessing modified firearms with intent to harm [21][22][24]. - Case 6: Sun's Illegal Manufacturing of Firearms: Sun was sentenced to three years in prison with a three-year probation for modifying nail guns, reflecting a lenient approach due to his background and intent [25][26][27].