||Enacted and issued by the People’s Government on June 28, 1946
Enforced on Sept.1, 1946
Amended and issued by the People’s Government on Dec.17, 1947
Amended and issued by the President on Jan.15, 1949
Amended and issued by the President on Jan.27, 1949
Amended and issued by the President on Jan.22, 1965
Articles 2, 11 and 17 amended and issued by President Order Tai-Tung (1)-Yi-Tzu No.5643 on Nov.13, 1979
Articles 4, 10, 11, 13~15 and 17 amended and issued by President Order Hua-Tsung (1)-Yi-Tzu No.8900166200 on July 5, 2000
Article 6 amended and issued by President Order Hua-Tsung (1)-Yi-Tzu No.09100108320 on May 29, 2002
Articles 1, 3, 13 and 14 amended and issued by President Order Hua-Tsung (1)-Yi-Tzu No.09100125240 on June 26, 2002
All self-defense guns of the people and illegally established organizations and institutions shall be managed in accordance with this Act.
The management procedure concerning the holding, application for verification and licensing, variation, disposal, and requisition of the self-defense guns of active forces as well as other related affairs shall be determined by the Ministry of National Defense.
The self-defense guns referred to in this Act comprise the following:
1. Category A guns: including various handguns, rifles, horse pistols, and other guns fabricated by indigenous methods.
2. Category B guns: including various shotguns, air guns, fish guns and other guns with self-defense capability.
The above-mentioned guns include ammunitions.
For the necessity of safeguard, departments and institutions may request the local police to accredit guards. Where necessary to equip with guns, application enclosed with a list of employees shall be submitted to the local police for transferring to the Ministry of the Interior for approval, and the quantity of guns may not exceed 1/5 of the actual number of employees, except for the departments undertaking security tasks. Provisions on application, configuration and licensing of guns and other related affairs will be prescribed the Ministry of the Interior.
The regulating department of self-defense guns is the Ministry of the Interior at the central level, City governments at the municipal level, and County (City) governments at the County(City) level.
Examination and licensing of self-defense guns is performed once every two years, and the term of license commences from January 1 of the first year.
The quantity of people’s self-defense guns may not exceed one Category A and one Category B each person, and two Category A and Category B guns each family, and application shall be submitted for examination and licensing according to the following procedure:
1. Prepare a letter of application in triplicate, and submit it together with guaranties produced by residents, shops or public servants, soldiers in active service, autonomy personnel or/and public representatives and other related certificates, as well as 6 pieces of the applicant’s 2-inch half-length front-view photos to the regulating police department for registration and guaranty verification, and transferring and examination.
2. Upon receipt of the application, the regulating police department shall make careful examination immediately. Where the applicant is found to have bad records or criminal records, license shall not be granted and the applicant’s guns and ammunitions shall be requisitioned by purchase. Where the applicant is confirmed to meet the provisions, he/she shall be listed in the register of the corresponding region, and personnel shall be sent to a proper place to handle examination and branding, and to grant a temporary examination certificate and charge the license fee.
3. The gun license shall be granted within 1 month after completion of examination. For temporary application for re-granting or replacing the original license, the validity term of the license is until expiration of the original term.
The guarantors mentioned in Subparagraph 1 shall have the following qualifications:
1. Residents: refers to the householders of the families legally registered at household registration offices.
2. Shops: refer to the principals of the shops legally registered at commercial registration offices.
3. Public servants: refer to those who presently assume a position of intermediate grade or above.
4. Soldiers in active service: refer to those who are in the rank of major or above.
5. Autonomy personnel: refer to the heads of Townships(Cities) or above.
6. Public representatives: refer to Cityand County (City) councilors or above.
With the certificate produced by the head of Bao (Village, Li), the quantity of Category B guns dedicated for hunting may be increased by 1~2 times the limit as prescribed in the above article for each family.
Any foreigner residing in the Republic of China who wants to carry any self-defense guns shall submit a letter of application together with the license fee and six pieces of the latest 2-inch half-length front-view photos to the nearby embassy or consulate for signature and guarantee, and then transfer to the local police for review and licensing. In case the applicant is a foreigner enjoying a diplomatic position, the application shall be submitted to the Ministry of Foreign Affairs for transferring to the capital police for review and licensing.
Where a public department or institution applies for gun license, the letter of application together with the approval document, experience of the guns, and list of employees shall be submitted to the local police for examination and disposal according to Subparagraph 2 and Subparagraph 3 of Article 6.
A license shall be granted for each self-defense gun, and the license fee is NT$10 for Category B guns dedicated for hunting, and NT$20 for other guns. However, foreigners enjoying diplomatic positions may be exempted from license fee according to international convention.
The above-mentioned license shall be printed by the Ministry of the Interior, and the required quantity of each City and County(City) governments shall be reported together with the license fee handed in to the Ministry of the Interior for granting.
The above-mentioned license fee shall be handed in to the public treasury. But the City or County (City) government may draw a half for expenditures on examination, and expenditure budgets shall be prepared separately.
License of self-defense guns is valid for 2 years, and upon expiration of the validity term, shall be immediately handed in and abolished for renewal.
On occurrence of any of the following within the validity term, the self-defense guns shall be purchased by the City or County (City) government:
1. The holder is condemned to fixed-term imprisonment or more severe punishment, which has been determined.
2. The holder losses the ability to use the guns due to mental aberration or other accidents.
3. It is likely to harm the social security if the holder continues holding guns, because of misbehavior of the holder, accidents occurred to his/her family, or serious dispute between the holder and someone else.
In case that anyone uses self-defense guns to commit a crime, the guns and bullets on the spot as well as the bullets stored in places other than the spot all shall be expropriated.
The equipped bullets of self-defense guns may not exceed 50 for each handgun, and 100 for each rifle or horse gun.
All the licensed self-defense guns may be requisitioned or borrowed by the City or County (City) government for the necessity of security. The requisition object, implementation term, re-granting or replacing of license, return, damage, compensation for loss and other related affairs shall be determined by the Ministry of the Interior.
Where the self-defense guns and bullets listed in Article 2 ought to be purchased according to the provisions of this Act, the City or County (City) government may execute purchasing, and the price shall be studied out by the City or County (City) government and reported to the Ministry of the Interior for approval.
In case any firearms and/or ammunitions other listed in Article 2 are found, where they come from legal sources and the holder reports and hands in them on his or her own initiative, the government may purchase them. The purchasing procedure, and the price standards of the guns and ammunitions shall be determined by the Ministry of the Interior.
Article 15 The regulating department of each City or County(City) government shall hold an overall examination of self-defense guns once every year, and prepare a list of self-defense guns in the jurisdiction area, and transfer it to the Ministry of the Interior for future reference.
Where necessary, the police departments of all levels may send personnel to examine the self-defense guns and the licenses for the purpose of maintaining security. In special occasions, they may carry out temporary overall examinations with approval of the upper level.
On occurrence of any of the following, corresponding punishment will be made according to following subparagraphs, and the case will be transferred to judicial department for disposal according to corresponding criminal laws where the action offends criminal laws.
1. Where a gun and the corresponding license are not placed in a same place, a sum of up to 100 will be fined.
2. Where the holder wears imitated military uniform or police uniform and carries guns, a sum of up to 1,000 will be fined.
3. Where the holder doesn’t give announcement immediately or request the regulating department to make investigation and cancel the original license in case of loss of a gun, a sum of up to 800 will be fined.
4. Where the holder doesn’t give nullification announcement in case of loss of gun license and applies for a new license, a sum of up to 200 will be fined.
5. Anyone alters the gun license will be fined a sum of up to 400.
6. In case of false report or substation causing unconformity between a gun and the license, a sum of up to 400 will be fined.
7. Where the holder doesn’t apply for renewal upon expiration of the license term, a sum of up to 100 will be fined.
8. Where the subsequent user doesn’t apply for license within 3 months in case of death of the original holder, a sum of up to 100 will be fined.
9. Where the holder doesn’t finish the migration and immigration procedures at the police departments of the original dwelling place and the immigration place within 1 month in case of migration of dwelling place, a sum of up to 100 will be fined.
10. Where the holder refuses or evades examination without due reasons, a sum of up to 600 will be fined.
11. Where it is found or impeached that a public or private organization mixes in private-owned guns and/or bullets to apply for licenses, the principal of the organization will be fined a sum of up to 1,000, and the mixed-in guns and/or bullets will be confiscated.
12. Where the holder doesn’t report the reasons for examination and approval in case of increase and consumption of bullets for Category A guns, a sum of up to 400 will be fined, and the increased bullets will be confiscated.
13. Where the holder doesn’t report the causes for examination and verification in case of damage of self-defense guns, a sum of up to 100 will be fined.
14. Where a self-defense gun and/or bullets are lent to others, the holder and the borrower will both be fined a sum of up to 1,000.
15. Where the self-defense guns and bullets are of no use, the holder shall request the City or County (City) government to purchase. In case of resale or presentation at his/her own will, the holder and the buyer or presentee will both be fined a sum of up to 1,000, and the resold or presented guns and bullets will be confiscated.
16. In case that the holder and user of a self-defense gun goes abroad or takes military service, the gun and bullets shall be handed over to the local police for keeping. Otherwise, a sum of up to 100 will be fined, and the gun and bullets will be coercively kept.
17. Anyone goes out with a self-defense gun and bullets without due reasons during the implementation of a martial law, a sum of up to 600 will be fined, or the gun and bullets will be purchased.
The maximum sums of fine prescribed in Subparagraph 1~11 may be reduced by a half when being applied to Category B guns dedicated for hunting.
In case of severe violation of any of Subparagraph 5, 10 and 14 of Paragraph 1, the gun and bullets shall be confiscated.
Where a public department or organization commits any of Subparagraph 3~7 and Subparagraph 10~15, the case shall be disposed by the regulating upper-level department.
The fines and confiscation prescribed in the Paragraph 1 shall be judged by the regulating department. In case that the fine and/or confiscation are not handed in or executed after hastening notice is given, the regulating department may detain the guns and licenses, and transfer the case to the court for coercive execution.
Where the guarantor mentioned in Paragraph 1, Article 6 of this Act finds the guaranteed holder is likely to use the guns to do harm to the social security, he/she shall report to the regulating police department at the moment. Otherwise, he/she will be fined a sum of up to 100.
As for the guns of no licenses, where they come from legal sources and there are legal certificates, examination and licensing or purchasing may be performed according to relevant provisions. Otherwise, they will be confiscated by the police, and shall be disposed according to criminal laws in case of violation of criminal laws.
The enforcement rules for this Act will be enacted by the Executive Yuan.
Article 21 This Act will take effect since it is issued.