(kontumtv.vn) – The Law on Management and Use of Weapons, Explosives and Supporting Tools, recently passed by the National Assembly , has contributed to perfecting the law, preventing potential risks that cause insecurity and disorder; at the same time, amending and supplementing regulations on the concepts of weapons, explosives and supporting tools to ensure compliance with reality.

Photo caption
Chairman of the National Assembly's Committee on National Defense and Security Le Tan Toi presented a report explaining the reception and revision of the draft Law on Management and Use of Weapons, Explosives and Support Tools (amended) on the morning of June 29. Photo: An Dang/VNA

A high-damage knife is a weapon.

The law stipulates that knives with high lethality are considered primitive weapons, which are the basis for handling crimes involving knives; at the same time, the regulation also ensures that it is more appropriate and does not affect production, business activities, and people's daily lives.

According to the report of the Ministry of Public Security , in the past 5 years, the whole country has detected 28,715 cases, arrested 48,987 subjects illegally using weapons, explosives, supporting tools, knives and knife-like means to commit crimes. Of which, crimes using homemade guns, primitive weapons, knives and knife-like means as tools and means to commit crimes account for a very high rate; the authorities detected 27,161 cases, arrested 46,693 subjects (accounting for 94.5% of the total number of cases, 92.8% of the total number of subjects).

Crimes using homemade guns, primitive weapons, knives and knife-like means to commit crimes are becoming very complicated. Particularly, subjects using knives and knife-like means to commit crimes account for a high proportion, with the authorities detecting 16,841 cases and arresting 26,472 subjects (accounting for 58.6% of the total number of cases, 54% of the total number of subjects). Many cases of subjects using sharp knives, pointed knives, sharp knives with very high lethality, committing crimes with a very reckless, cruel and savage nature, causing public outrage, confusion and anxiety among the people.

In fact, investigating cases shows that criminal proceedings can only be conducted when there is sufficient evidence to conclude that the subject has committed other crimes such as murder, robbery, intentional injury, etc. It cannot be conducted for the act of illegally storing and using weapons because the Law on Management and Use of Weapons, Explosives and Supporting Tools 2017 does not stipulate that knives are weapons.

Therefore, it is necessary to amend and supplement the regulations on the concepts of weapons, explosives, and supporting tools to ensure compliance with reality. The Law clearly states that highly lethal knives are sharp knives and pointed knives in the list issued by the Minister of Public Security, which are defined as rudimentary weapons if used for the purpose of committing crimes, causing disturbances, disturbing public order, or opposing agencies, organizations performing tasks, or people performing official duties. In cases where highly lethal knives are used for the purpose of illegally infringing on human life and health, they are defined as military weapons.

To ensure clarity, strictness, and conformity with the requirements of state management and the fight against crime, based on the opinions of National Assembly deputies, the National Assembly Standing Committee directed the addition of Clause 6, Article 2 to explain the term “highly lethal knives”. Based on the explanation of that term, the National Assembly Standing Committee proposed to stipulate 3 regimes for managing “highly lethal knives” associated with the purpose of use.

Specifically, the use of “highly lethal knives” for work, production, and daily activities is not considered a weapon, but must be strictly managed and ensure safety, in order to prevent and stop the risk of using “highly lethal knives” for illegal purposes.

Accordingly, the Government shall base on the provisions of this law to regulate the management of the production, trading, export, import, use and transportation of “highly lethal knives”. In the case of using “highly lethal knives” to commit crimes, cause disturbances, disrupt public order or oppose agencies, organizations performing tasks, or persons performing public duties, it shall be defined as rudimentary weapons (Point b, Clause 4, Article 2). In the case of using “highly lethal knives” for the purpose of illegally infringing upon human life and health, it shall be defined as military weapons (Point d, Clause 2, Article 2).

To ensure consistency in law enforcement, the National Assembly Standing Committee has directed relevant agencies to review the provisions of the Penal Code related to rudimentary weapons and military weapons to issue unified documents guiding the application of regulations on criminal acts related to highly lethal knives when the law comes into effect.

Regulations on types of guns associated with their intended use

Regarding regulations on guns, according to the report of the Ministry of Public Security, through the summary of 5 years of implementation of the Law on Management and Use of Weapons, Explosives and Supporting Tools in 2017, it shows that, out of a total of 2,113 cases/3,135 subjects illegally using guns to commit crimes, 1,783 cases/2,589 subjects used homemade guns to commit crimes (6 times the number of cases, 5 times the number of subjects compared to illegal use of military guns), many cases caused particularly serious consequences, killing many people, as dangerous as military weapons. However, according to the provisions of the current Law on Management and Use of Weapons, Explosives and Supporting Tools, some weapons are identified as hunting guns (flammable guns, air guns), some are sports weapons (air rifles, rifles that shoot explosive bullets, air pistols, pistols that shoot explosive bullets, flying disc guns), many types of homemade guns are not regulated in the Law.

In addition, when the subject manufactures, stores, transports, trades, illegally uses or appropriates these types of guns, he/she will only be criminally prosecuted under Article 306 of the Penal Code after being administratively sanctioned for this act or having been convicted of this crime without having had his/her criminal record expunged; on the other hand, the use of many types of guns such as compressed air guns, ball guns, etc. has no sanctions. Therefore, it is necessary to stipulate the addition of shotguns, flintlock guns, compressed air guns, compressed air guns and primitive weapons to the group of military weapons when associated with the purpose of use.

Therefore, the law stipulates that “military weapons” include: Weapons equipped for the people's armed forces and law enforcement forces on the list issued by the Minister of National Defense; other weapons not on the list of military weapons issued by the Minister of National Defense, but capable of causing damage similar to the guns specified in Point a and Point b, Clause 2, Article 3 and basic components to create these guns. Along with that are sports weapons, hunting guns, primitive weapons on the list issued by the Minister of Public Security and knives with high damage for the purpose of being used to illegally violate or threaten to violate the life and health of people.

Thus, with the provisions explaining the term “military weapons”, depending on the specific behavior and crime, a person who uses a hunting gun, primitive weapon, sports weapon or “highly lethal knife” to violate or threaten the life or health of another person may be criminally prosecuted for crimes related to the act of illegally manufacturing, storing, transporting, using, trading or appropriating military weapons (according to Article 304 of the Penal Code) or be subject to aggravating circumstances related to the use of military weapons to commit crimes.

Xuan Tung (Vietnam News Agency)