(1) Smuggling two or more guns but less than five guns that use compressed gas and other non-gunpowder as the power to fire bullets;

(2) Smuggling more than 500 lead bullets from air guns but less than 2,500 bullets, or more than 10 bullets from other guns but less than 50 bullets;

(3) Those who do not meet the above-mentioned quantitative standards, but belong to the ringleaders of criminal groups, use special vehicles for smuggling activities, or use smuggled weapons and ammunition to commit crimes;

(4) Smuggling conventional artillery shells, grenades or rifle grenades of various calibers below 60 mm, the number of which is less than five respectively or in total.

Under any of the following circumstances, in accordance with the provisions of the first paragraph of Article 151 of the Criminal Law, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated:

(1) Smuggling one gun that fires gunpowder bullets or five to ten guns that fire non-gunpowder bullets such as compressed gas;

(2) Smuggling ammunition specified in Item 2 of Paragraph 1, the quantity of which exceeds the maximum quantity specified in these Provisions, but is less than five times the maximum quantity;

(3) Smuggling all kinds of conventional artillery shells, grenades and rifle grenades with a caliber of less than 60 mm, or the total number of conventional artillery shells with a caliber of more than 60 mm is less than ten, or the total number of conventional artillery shells with a caliber of more than 60 mm is less than five;

(4) Having reached the quantitative standards specified in Items 1, 2 and 4 of the first paragraph, belonging to the ringleaders of criminal groups, using special vehicles for smuggling activities, or using smuggled weapons and ammunition to commit crimes.

Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 151 of the Criminal Law:

(1) Smuggling guns specified in Item 1 of Paragraph 2, the quantity of which exceeds the quantity standard specified in Item 1;

(2) Smuggling ammunition specified in item 2 of the first paragraph, the quantity of which exceeds the maximum quantity standard specified in the item by more than five times;

(3) Smuggling ammunition specified in Item 3 of Paragraph 2, the quantity of which exceeds the quantity standard specified in the Item, or smuggling more than one unconventional shell with great lethality;

(4) Those who meet the quantitative standards specified in Items 1 to 3 of Paragraph 2, belong to the ringleaders of criminal groups, use special vehicles for smuggling activities, or use smuggled weapons and ammunition to commit crimes.

Smuggling other weapons and ammunition, which constitutes a crime, shall be punished with reference to the standards stipulated in each paragraph of this article. Article 2 The types of "weapons and ammunition" as stipulated in the first paragraph of Article 151 of the Criminal Law shall be determined with reference to the relevant provisions of the Import Tariff of People's Republic of China (PRC) and the List of Articles Prohibited from Entering or Leaving the Country. Article 3 Whoever smuggles gun parts and components and constitutes a crime shall be convicted and punished for the crime of smuggling weapons in accordance with the provisions of the first paragraph of Article 151 of the Criminal Law. Parts and components of complete sets of guns are counted according to the corresponding number of guns, and parts and components of non-complete sets of guns are counted as one set of guns for every 30 guns. Article 4 Whoever smuggles warheads and shells of various ammunition, which constitutes a crime, shall be convicted and punished for smuggling ammunition in accordance with the provisions of the first paragraph of Article 151 of the Criminal Law. The specific standard of conviction and sentencing is five times the quantitative standard stipulated in Article 1 of this Interpretation.

Smuggling warheads and shells of various ammunition that are scrapped or cannot be assembled and used constitutes a crime, and shall be convicted and punished for smuggling ordinary goods and articles in accordance with the provisions of Article 153 of the Criminal Law; If it belongs to waste, it shall be convicted and punished for the crime of smuggling waste in accordance with the provisions of the second paragraph of Article 152 of the Criminal Law.

Whether warheads and shells belong to "scrapped or unable to be assembled and used" or "waste" as stipulated in the preceding paragraph shall be appraised by the relevant technical departments of the state. Article 5 Whoever smuggles imitation guns and controlled knives whose import and export are prohibited or restricted by the State, if the case constitutes a crime, shall be convicted and punished for the crime of smuggling goods and articles whose import and export are prohibited by the State in accordance with the provisions of the third paragraph of Article 151 of the Criminal Law. The specific standards of conviction and sentencing shall be governed by the provisions of Item 6, Item 7 and Item 2 of Paragraph 1 of Article 11 of this Interpretation.

If the smuggling of imitation guns is identified as guns and constitutes a crime, it shall be convicted and punished for the crime of smuggling weapons in accordance with the provisions of the first paragraph of Article 151 of the Criminal Law. If it is not for profit or engages in illegal and criminal activities, and there are no other serious circumstances, it can be given a lighter punishment according to law; If the circumstances are minor and there is no need to be sentenced to punishment, criminal punishment may be exempted. Article 6 Whoever smuggles counterfeit money in an amount of more than 2,000 yuan but less than 20,000 yuan, or in an amount of more than 200 pieces but less than 2,000 yuan, can be regarded as a "minor" as stipulated in the first paragraph of Article 151 of the Criminal Law.

Under any of the following circumstances, in accordance with the provisions of the first paragraph of Article 151 of the Criminal Law, he shall be sentenced to fixed-term imprisonment of not less than seven years and shall also be fined or confiscated:

(a) the amount of smuggling is more than 20,000 yuan but less than 200,000 yuan, or the number is more than 2,000 pieces but less than 20,000 pieces;

(2) The smuggled amount or quantity reaches the standard specified in the first paragraph, and smuggled counterfeit money enters the market.

Under any of the following circumstances, it shall be deemed as "the circumstances are particularly serious" as stipulated in the first paragraph of Article 151 of the Criminal Law:

(a) the amount of smuggling is more than two hundred thousand yuan, or the number is more than twenty thousand pieces (pieces);

(2) The amount or quantity of smuggled goods reaches the standard specified in Item 1 of Paragraph 2, belongs to the ringleader of a criminal group, engages in smuggling activities by using special vehicles, or smuggled counterfeit money enters the market, etc.