The applicable object of direct agency performance is specific agency performance.

In order to ensure that the people's police of public security organs perform their duties according to law and regulate the behavior of the people's police in wearing and using guns, the Ministry of Public Security has formulated the Code for the People's Police of Public Security Organs to Wear and Use Guns.

Legal basis:

Specification for the People's Police of Public Security Organs to Wear and Use Guns

Article 1 In order to ensure that the people's police of public security organs perform their duties according to law, standardize the behavior of the people's police in wearing and using guns, effectively stop criminal activities, maintain public safety and social order, and protect citizens' personal safety and legitimate property and public property, according to the People's Police Law of the People's Republic of China, the Regulations of People's Republic of China (PRC) on the Use of Police Equipment and Weapons and other relevant laws and regulations.

Article 2 This Code is applicable to the work of the people's police in carrying and using guns, reporting afterwards, investigation and disposal, etc.

Article 3 The term "people's police" as mentioned in this Law refers to the armed police of public security organs who are authorized to issue the Certificate of Holding a Gun for Official Use in People's Republic of China (PRC) (hereinafter referred to as the Certificate of Holding a Gun).

The gun department refers to the internal departments, institutions and other directly affiliated units of public security organs equipped with official guns.

Guns refer to all kinds of official guns equipped by public security organs in accordance with the Measures for the Equipment of Official Guns.

The use of guns includes gun warning, warning, vigilance and shooting.

Article 4 The people's police shall use guns in accordance with the Regulations of People's Republic of China (PRC) on the Use of Police Equipment and Weapons.

Article 5 The people's police should use guns on the principle of stopping violent crimes and minimizing casualties and property losses.

Article 6 The use of guns by the people's police according to law is protected by law. Anyone who causes casualties or property losses due to the legal use of guns shall not bear legal responsibility.

Article 7 The people's police shall carry guns when performing the following tasks:

(1) Handling and investigating violent crimes;

(2) Arresting, searching, escorting, summoning, detaining and arresting criminal suspects;

(3) performing armed patrol tasks;

(four) to perform armed alert and emergency tasks at public security checkpoints and checkpoints;

(five) in the station, airport, wharf, port and other key parts and regions to perform armed designated duty tasks;

(six) to carry out anti-terrorism and riot prevention tasks such as household investigation and verification in key areas;

(seven) other circumstances prescribed by the public security organs at or above the provincial level according to law.

Article 8 The people's police can only wear guns with special approval in accordance with relevant regulations in any of the following circumstances:

(a) to enter the urban area of Beijing, it shall be approved by the local provincial people's government;

(2) If it is necessary to take a civil aviation plane to perform security tasks, it shall be approved by the public security organ at or above the provincial level;

(3) Wearing sniper rifles and squad machine guns across the jurisdiction of public security organs to perform tasks shall be approved by the principal responsible person of the public security organ at the next higher level;

(four) other circumstances prescribed by the public security organs at or above the provincial level according to law.

Article 9 The people's police shall carry guns in accordance with the following provisions:

(1) Turn on the gun safety when not loaded, and turn off the gun safety when loaded;

(2) When wearing a police uniform and a pistol, the standard holster and gun outline shall be used;

(3) When wearing a pistol in casual clothes, you should choose a portable holster;

(4) When wearing a pike in a police uniform, a standard gun belt should be used, and a shoulder gun, a back gun or a gun should be used.

Article 10 The people's police shall abide by the following provisions when carrying guns:

(1) Carrying a People's Police Card and a gun permit (except for carrying out specific investigation tasks);

(two) in addition to the needs of law enforcement, shall not enter the entertainment;

(3) It is forbidden to drink alcohol or participate in non-police activities;

(4) In case of gun loss, theft or other accidents, it shall immediately report to the gun distribution department and the county-level public security organ where the incident occurred;

(5) Other provisions made by public security organs at or above the provincial level according to law.

Article 11 The people's police shall, when performing their duties, take timely measures such as armed alert, warning with guns, firing warning shots and shooting, etc. according to the on-site situation and the degree of danger, so as to effectively prevent and stop serious violent crimes and avoid casualties and property losses to the maximum extent.

Article 12 When judging that a violent crime may occur, the people's police should equip their guns in time, adopt a corresponding state of alert, and point their guns in a safe direction.

Article 13 When the people's police find that criminals are preparing to commit violent crimes, they should warn them with guns, quickly identify themselves as people's policemen, and point their guns at the criminals. At the same time, the perpetrators were ordered to immediately stop committing violent crimes and verbally warned of the consequences of refusing to obey the orders.

When armed with a gun, you should load a bullet and open the safety. The finger pressing the trigger of the gun should be placed outside the trigger guard ring and keep a certain distance from the criminal. Effective measures should be taken to prevent the gun from going off or being robbed.

Article 14 When the people's police deal with criminals who are about to commit or are committing violent crimes on the spot, if the verbal warning is ineffective, they can fire warning shots at the sky and other safe directions as appropriate. If it is too late to give a verbal warning, you can directly fire a warning.

Fifteenth people's police judge that there is one of the following violent crimes stipulated in Article 9 of the Regulations on the Use of Police Equipment and Weapons in People's Republic of China (PRC), and if the verbal warning or the warning of firing a gun is invalid, they can shoot. If it is too late to give a warning or it may lead to more serious harmful consequences, you can shoot directly:

(a) arson, water bursting, explosion and other serious hazards to public safety;

(2) hijacking an airplane, a ship, a train, a motor vehicle, or driving a motor vehicle such as a car or a ship, and intentionally endangering public safety;

(3) robbing or robbing guns, ammunition, explosives, toxic substances and other dangerous goods, which seriously endangers public safety;

(four) the use of firearms, explosives, toxic and other dangerous goods to commit a crime or threaten to use firearms, explosives, toxic and other dangerous goods to commit a crime;

(five) the destruction of military, communications, transportation, energy, insurance and other important facilities, enough to cause serious and imminent danger to public safety;

(six) the implementation of murder, hostage-taking and other violent acts, endangering the safety of citizens;

(7) Guards, guards, watchdog and other objects and targets specified by the state are attacked or destroyed by violence, or are in imminent danger of being attacked or destroyed by violence;

(eight) gang robbery or armed robbery of public or private property;

(nine) affray, affray, etc. Seriously undermining public order, which cannot be stopped by other means;

(10) resisting or obstructing the people's police from performing their duties according to law by violent means or violently attacking the people's police, endangering the life safety of the people's police;

(eleven) criminal suspects, defendants and criminals in custody gather to make trouble, riot, kill or escape;

(12) robbing a criminal suspect, defendant or criminal in custody;

(13) resisting arrest or fleeing after committing arson, breaking water, explosion, murder, robbery or other serious violent crimes;

(14) resisting arrest or escaping with guns, explosives, toxic substances or other dangerous goods;

(fifteen) other circumstances that can be filmed according to laws and regulations.

When the people's police shoot, they should order irrelevant personnel present to avoid being hurt. If criminals stop committing violent crimes or lose the ability to continue committing violent crimes, they should immediately stop shooting and close the gun insurance in time after confirming that the danger is eliminated, and restore the state of carrying guns.

Sixteenth people's police in any of the following circumstances, shall not fire warning shots, shooting:

(1) It is found that the perpetrator is a pregnant woman or a child, except that violent crimes are committed by using dangerous goods such as guns, explosions and poisonous drugs;

(2) Criminals in places where people gather or where a large number of inflammable, explosive, toxic, radioactive and other dangerous goods are stored will have more serious harmful consequences unless they are stopped by guns;

(3) Those who are committing non-violent crimes such as theft and fraud and resisting arrest or escaping after committing the above crimes.

Article 17 When the people's police handle mass incidents expressing specific demands, front-line police officers are not allowed to carry guns. Second-line police officers can wear guns to alert them according to the situation on the spot, and can only use them according to law when serious violent crimes occur.

When the people's police need to use riot guns in handling mass incidents, they shall, according to the orders of the on-site commander, determine the appropriate bomb types and safe shooting distance according to the actual situation on the spot, and shoot.

Article 18 If the people's police use guns and cause casualties to criminals or other personnel, they shall promptly rescue the injured, protect the scene and prevent the loss of evidence.

After using guns, the people's police shall immediately make an oral report to the main person in charge of the gun department and submit a written report to the gun department within 24 hours after completing the task. The report shall include the following contents:

(1) The place and time of using guns;

(2) the scene where guns are used;

(3) Warning measures taken when using firearms;

(four) the reasons for the use of guns and the casualties caused;

(5) Ammunition consumption;

(6) Disposal of guns after use.

If the people's police use guns outside the jurisdiction of the public security organ, they shall also make an oral report to the county-level public security organ 1 10 police station where the incident occurred.

Article 19 After receiving an oral report on the use of guns, the gun control department of the people's police shall promptly report to the public security organ. Public security organs at lower levels shall, as appropriate, appoint police inspectors to investigate; Fired a warning shot or fired a warning shot, it should be investigated and verified in time to form a file.

Public security organs at all levels shall establish an investigation and handling mechanism led by the police supervision department, supervised by the Commission for Discipline Inspection, and participated by the legal department, and be responsible for investigating and handling the incidents of using guns by the people's police in conjunction with the relevant police.

Twentieth people's police shot casualties, the public security organs at the county level shall promptly deal with the following procedures:

(a) send police to the scene, delimit the warning area, maintain order and protect the scene;

(two) notify the medical unit to carry out emergency treatment for the injured; Find out the identity of the casualties and notify the families and units in time;

(3) Organizing on-site investigation and investigation, and collecting and fixing relevant evidence;

(4) notify the people's procuratorate at the county level where the incident occurred;

(five) report to the local party committee and government, and organize the aftermath and public opinion guidance.

Twenty-first people's police public security organs received a report of casualties caused by police guns in different places, it should immediately send people to cooperate with the public security organs at the county level to do a good job of investigation and disposal.

Twenty-second public security organs at the county level shall, after the investigation, issue a written investigation report in time. The investigation report shall include the following contents:

(1) Accepting reports from the people's police;

(2) Investigating and confirming the use of firearms;

(three) the treatment and emergency treatment of casualties;

(4) Organizing the aftermath and guiding public opinion;

(5) investigation conclusions and handling opinions.

Twenty-third after the investigation of the use of guns by the people's police, the public security organs at the county level where the incident occurred shall announce the investigation conclusions to the people's police and their subordinate gun management departments. If the people's procuratorate participates in the investigation, it shall consult with the people's procuratorate to form an investigation opinion and publish it.

If the people's police have any objection to the investigation conclusion of improper use of guns, they may appeal to the public security organ at the next higher level of the county-level public security organ where the incident occurred.

Twenty-fourth people's police use guns according to law, causing casualties, without the approval of the provincial public security organs, the public security organs at the place where the incident occurred shall not disclose the names, work units and other information of the police involved.

Article 25 After the people's police use guns, their public security organs shall provide them with psychological counseling in time to relieve their psychological pressure. During the investigation, the people's police shall suspend carrying guns.

After using guns on the people's police, the public security organ to which they belong may stop them from wearing guns because of their heavy psychological burden.

Article 26 People's police who effectively stop serious violent crimes by using guns according to law shall commend or reward them in accordance with relevant regulations.

Twenty-seventh people's police in law enforcement duties, in accordance with the norms should wear guns but did not wear them, to give criticism and education to themselves and the person in charge of the gun department; If casualties or other serious consequences are caused to the people's police, the responsible personnel shall be investigated for responsibility in accordance with relevant regulations.

Twenty-eighth people's police wear and use guns in violation of this code, and their public security organs can take measures such as stopping performing their duties and confinement during the investigation. After the investigation, informed criticism and other organizations will be dealt with as appropriate; If it constitutes a violation of discipline, it shall be given corresponding disciplinary action; If the case constitutes a crime, it shall be transferred to judicial organs for criminal responsibility.

Article 29 If the people's police illegally use guns while performing their duties, causing undue casualties and property losses, the public security organs under the people's police shall compensate them in accordance with the relevant provisions of the State Compensation Law of People's Republic of China (PRC).

Thirtieth people's police use guns according to law, causing innocent casualties or property losses, the public security organs of the people's police shall compensate in accordance with the relevant provisions of the People's Republic of China (PRC) State Compensation Law.

Thirty-first people's armed police forces listed in the sequence of public security organs wear and use guns when performing official duties, with reference to these norms.

If the people's police go abroad to participate in peacekeeping duty law enforcement tasks and need to carry guns according to the authorization of relevant international organizations, it shall be implemented with reference to this Code and relevant authorizations.

Thirty-second provincial public security organs can formulate detailed rules for implementation according to this Code and local conditions, and report them to the Ministry of Public Security for the record.

Article 33 This Code shall come into force on May 1 day, 2065438. If the previous relevant provisions are inconsistent with this specification, this specification shall prevail.