How will using homemade guns that harm other people's health be handled?

NGOC MAI(Cam Giang)

Reply:Current law does not have any regulations explaining what a homemade gun is. However, it can be understood that a homemade gun is a type of weapon that is manufactured and assembled by humans without following a production process, without meeting technical standards; capable of causing damage, endangering human life and health, and destroying certain material structures. Depending on the type and level of homemadeness, a homemade gun can be a military gun, a hunting gun, a primitive weapon, or a sports weapon.

Because homemade guns are capable of causing damage and are highly dangerous, they are also considered a type of weapon according to the provisions of Clause 6, Article 3 of the Law on Management and Use of Weapons, Explosives and Supporting Tools 2017, amended and supplemented in 2019.

According to this law, the illegal use of homemade guns that cause harm to the life and health of others is a violation of the law.

According to the law, the use of homemade guns that cause harm to the health and life of others, depending on the level of the act and the consequences, that person may be prosecuted for the crime of "murder" under Article 123 of the 2015 Penal Code or the crime of "intentionally causing injury or harm to the health of others" under Article 134 of the 2015 Penal Code (amended and supplemented in 2017).

In addition, depending on the results of the appraisal of the homemade gun, that person may also be prosecuted for the crime of "illegally manufacturing and using military weapons" or the crime of "illegally manufacturing and using hunting guns, primitive weapons, and sports weapons".

Violators may also be subject to administrative sanctions for managing and using weapons, explosives, explosive precursors, support tools, firecrackers and dangerous toys prohibited under Article 11 of Decree 144/2021/ND-CP dated December 31, 2021 of the Government.