(Promulgated by Decree No. 356 of the State Council of the People's Republic of China on July 27, 2002, and effective as of the date of promulgation)
Article 1These Regulations are formulated in accordance with the Law of the People's Republic of China on Control of Guns (hereinafter referred to as the Law on Control of Guns) and by reference to the Regulations of the People's Republic of China on Use of Police Implements and Arms by the People's Police for the purposes of strengthening the control of guns used for discharging official duties of guards and escorts and ensuring the correct use of guns by full-time guards and escorts.
Article 2The full-time guards and escorts referred to in these Regulations mean the full-time guards and escorts who are lawfully equipped with guns used for discharging official duties in the systems of military industry, financial industry, important State's warehouses, large water conservancy projects, large electric power projects, large communications projects and confidential liaison, and the full-time guards and escorts in security service companies which provide armed guard and escort services upon approval by the public security organs of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 3A full-time guard or escort equipped with a gun for discharging official duties shall meet the following requirements:
(1) Chinese citizen having reached the age of 20, sound in mind and body, and well-behaved;
(2) having no medical records of suffering from such diseases as mental disorder which make him unable to control his own conduct;
(3) having no records of administrative detention, sheltering and education, giving up drug-taking compulsorily, sheltering and reeducation, reeducation through labour and criminal penalties;（enforced abstention from drug/ detoxification）
(4) having received professional training and being familiar with the provisions of the laws, regulations and rules concerning the use and control of guns;
(5) having acquired proficiency in the use and maintenance of guns.
Full-time guards and escorts equipped with guns used for discharging official duties shall, in strict accordance with the requirements set forth in the preceding paragraph, be examined by the units to which they belong and then be reported to the public security organs of the people's governments of the cities divided into districts where these units are located for examination and verification; those qualified in the examination and verification shall be reported to the public security organs of the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government for examination and approval in accordance with the provisions of the Law on Control of Guns, and gun-holding certificates shall be issued by the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Article 4Only when performing the task of guard or escort, may full-time guards and escorts carry and use guns in accordance with the provisions of these Regulations.
Carrying and using of guns according to law by full-time guards and escorts are protected by law; those who carry and use guns in violation of law shall bear legal liabilities according to law.
Article 5When performing the task of guard or escort, full-time guards and escorts may not use guns if other means can be employed to protect the guarded objectives or escorted goods; where it is necessary indeed to use guns, the protection of guarded objectives or escorted goods against any encroachment shall be taken as the end, and casualties and property losses shall be avoided or reduced to the extent possible.
Article 6When performing the task of guard or escort, full-time guards and escorts may use guns under any of the following emergencies where violent criminal acts cannot be prevented without using guns:
(1) guarded objectives or escorted goods are being assaulted by violence or are in imminent danger of being assaulted by violence;
(2) full-time guards and escorts are being assaulted by violence and their lives are in danger, or the guns and ammunition they carry are being seized or robbed.
Article 7Full-time guards and escorts shall not use guns at a place stored with a large number of combustibles, explosives, deadly poisons, radioactive goods or other hazardous goods, unless no use of guns to prevent a criminal act might lead to serious dangerous consequences.
Article 8Full-time guards and escorts shall immediately stop using guns under any of the following circumstances:
(1) the actor in question has stopped committing the violent criminal act;
(2) the actor in question has lost the ability to continue committing the violent criminal act.
Article 9A full-time guard or escort shall, upon any use of gun, forthwith make a report thereon to the unit to which he belongs and to the public security organ in the place where the crime is committed; that unit and public security organ shall, upon receipt of the report, forthwith send staff to the scene.
The unit to which the full-time guard or escort belongs shall, after receiving the report of the use of guns by the full-time guard or escort, forthwith report the issue to the public security organ in the place where it is located, and submit a written report to that public security organ on the use of guns afterwards.
Article 10A unit lawfully equipped with guns used for discharging the official duties of guards and escorts shall establish and improve the responsibility system of gun-holder administration, the system of storing and taking out guns and ammunition and the safety responsibility system of guns; the unit shall strengthen legal and safety education of the gun-holders approved in accordance with the provisions of Article 3 of these Regulations, organize regular training of them, and often inspect the storage and use of guns.
Article 11A unit lawfully equipped with guns used for discharging the official duties of guards and escorts shall set up special gun storage warehouses (rooms) or use special safes, and conduct a concentrated and unified preservation for guns and ammunition equipped. Guns and ammunition shall be deposited separately, attended to by double persons with double locks, and kept watch and ward within twenty-four hours. The warehouses (rooms) for depositing guns and ammunition shall have solid doors and windows and be installed with burglar alarm facilities.
Article 12When performing any task with guns and ammunition, full-time guards or escorts shall properly keep the guns and ammunition, take strict precautions against loss, theft, seizure and other accidents, and forthwith return the guns and ammunition upon completion of the task.
It is prohibited to carry guns and ammunition while not performing the task of guard or escort and it is also prohibited to drink liquor while carrying guns and ammunition or to carry guns and ammunition after drinking liquor.
Article 13Public security organs shall regularly inspect and supervise the situations of establishing and implementing the rules on control of guns by the units under their jurisdiction which are lawfully equipped with guns used for discharging the official duties of guards and escorts.
Article 14Where a full-time guard or escort comes under any of the following circumstances, his unit shall stop him from performing the task of armed guard or escort, take back his gun-holding certificate, and turn over such certificate to the public security organ promptly:
(1) he is to be transferred from the post of a full-time guard or escort;
(2) he fails to pass the examination on theory and firing practice;
(3) he is under investigation because of being involved in criminal cases or other law-breaking or discipline-breaking cases;
(4) he refits the gun or changes the parts of the gun without authorization;
(5) he carries or uses the gun in violation of provisions, or gives the gun to other people thus losing control over the gun;
(6) he loses the gun or is responsible for the accident in which the gun is stolen or seized.
Where a full-time guard or escort commits any act specified in item (4), (5) or (6) of the preceding paragraph, thereby causing serious consequences, he shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of illegally possessing or hiding guns or ammunition, the crime of illegally carrying guns and ammunition to endanger public security, the crime of illegally leasing or lending out guns or the crime of failing to report the loss of guns; if the case is not serious enough for criminal penalty, he shall be given administrative punishment in accordance with the provisions of the Law on Control of Guns.
Article 15Where a unit lawfully equipped with guns used for discharging the official duties of guards and escorts violates the provisions on control of guns, the persons directly in charge and other persons directly responsible for the violation shall, under any of the following circumstances, be given such administrative sanctions as the recording of a major demerit, demotion or dismissal from office, or given appropriate disciplinary sanctions according to law; where serious consequences are caused, they shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of neglect of duties, the crime of power abuse, the crime of failing to report the loss of guns or other crimes:
(1) it fails to establish or effectively implement the responsibility system of gun-holder administration;
(2) it reports full-time guards or escorts who do not meet statutory requirements to public security organs for approval or allows persons without gun-holding certificate;
(3) it fails to make a report to the public security organ after using guns;
(4) it fails to establish or effectively implement the systems for the control of guns and ammunition, thereby the guns and ammunition are stolen, seized or lost;
(5) it fails to make a prompt report to the public security organ where the guns and ammunition are stolen, seized or lost;
(6) it fails to examine and inspect the guns in accordance with the provisions;
(7) it fails to turn in scrapped guns;
(8) it is involved in other law-breaking or discipline-breaking cases relating to guns.
Article 16Where full-time guards and escorts use guns in accordance with the provisions of these Regulations and cause casualties of innocents or property losses, the units to which they belong shall compensate the losses suffered by the victims according to law.
Where full-time guards and escorts use guns in violation of the provisions of these Regulations and cause casualties or property losses, they shall be liable for compensation in accordance with the law in addition to the criminal or administrative punishments therefor according to law.
Article 17Where a public security organ commits any of the following acts and causes serious consequences, the persons directly in charges and other persons directly responsible for the violation shall be investigated for criminal liability in accordance with the provisions of the criminal law on the crime of power abuse or the crime of neglect of duty; if the case is not serious enough for criminal penalty, they shall be given such administrative sanctions as the recording of a major demerit, demotion or dismissal from office according to law:
(1) it approves relevant units to be equipped with guns used for discharging official duties of guards and escorts beyond the statutory scope;
(2) it issues gun-holding certificates used for discharging official duties of guards and escorts to those who do not meet statutory requirements;
(3) it fails to perform the duty of supervision and administration provided for by these Regulations, and thereby causes consequences.
Article 18These Regulations shall be effective as of the date of promulgation.