In 2018, a man was sentenced to three years in prison for making mini gun-shaped keychains and selling them online, but it constituted illegal trading of firearms.
What kind of cause and effect is a small keychain that is equated with a crime or crime? What is going on with a fresh life falling into the trough of life?
Illegal firearms
Li Anlong's entrepreneurial road
Li Anlong was born in a family of ordinary workers, his father was a repairman, Li Anlong had a strong interest in machinery since he was a child, he showed a high talent for machinery since he was a child, and he was good at disassembling and assembling everything.
"At a young age, his hands-on ability is so strong, and he will definitely be a material for machinery in the future!" His father often praised him like this. Under the careful teaching of his father, Li Anlong practiced his mechanical skills and became more and more proficient.
In school, Li Anlong's grades are mediocre, but he likes hands-on operations, and there are no tasks that he can't complete. His classmates affectionately called him "The Little Prince of Machines".
After the college entrance examination, he entered a college and university to study mechanical manufacturing. After graduating, he and his wife opened a small online store, although the income is not high, but this simple happiness makes Li Anlong extremely satisfied.
One summer day in 2012, Li Anlong was wandering through a boutique when a delicate gun-shaped keychain caught his eye. The revolver is shaped, the workmanship is exquisite, the trigger is moving, the whole is only four centimeters in size, and the price of this keychain is 450 yuan, which is rare in the domestic market at that time.
Li Anlong played with this gadget and couldn't put it down. So he said, "It would be nice if I could bring it back to my friends!" Although 450 yuan is not cheap for Li Anlong from an ordinary family, with his obsession with machinery, he still gritted his teeth and bought this keychain.
After returning home, Li Anlong brought this chic gadget to a friend's party to show off, and his friends were full of praise after seeing it and couldn't put it down.
A bold thought flashed in Li Anlong's mind: "Why don't you copy a batch and sell it? The seeds of entrepreneurship began to sprout in Li Anlong's heart.
Not long ago, Li Anlong's father had a major operation, which spent all the family's savings and owed a lot of debt. As an only son, Li Anlong shouldered the burden of taking care of his parents and paying off debts.
The heavy economic pressure made it difficult for him to sleep, and the business opportunity in front of him was not an opportunity given by God to change his fate?
A big case caused by a small keychain
The next day, he immediately bought a few replica gun keychains and began to figure out the production process. He carefully observes each component, studies the internal structure, and even disassembles some parts. The hard work paid off, and after some careful study, Li Anlong finally figured out the production process of the keychain.
He decided to take a gamble, and Li Anlong contacted a few like-minded friends and co-founded a handicraft workshop specializing in making gun-type keychains, and they procured raw materials, purchased equipment, and put into production day and night.
The first batch of keychains came out, with a beautiful shape and a good feel, almost exactly the same as the one Li Anlong originally bought. They set up shop online, posted product information, and quickly attracted a large number of customers. Online and offline go hand in hand, and business is booming. Within half a year, Li Anlong not only paid off the debts owed by his father's surgery, but also had a considerable amount of savings.
Looking at the endless stream of orders, Li Anlong blossomed, and he was thinking happily, according to this trend, the story of getting rich overnight seemed to be just around the corner. However, he never dreamed that disaster was quietly coming.
Online public opinion is polarized
One day, Li Anlong received a call from a friend and learned that a customer had been arrested by the police for carrying a keychain for a replica gun, and the police were arresting a merchant selling imitation guns.
Li Anlong realized that he had made a big mistake, although the keychain is just an ornament, but the shape and structure are too realistic, and it is very likely to violate the law.
Sure enough, the police soon came to the door. Facing the muzzle of the black hole, Li Anlong raised his hands, his face pale. He argued, "These are just keychains, they're decorations, and they can't be used as weapons!"
Yet before the law, these justifications pale in comparison. In the end, Li Anlong was sentenced to fixed-term imprisonment for illegally manufacturing and trading firearms. Looking at the back of Li Anlong being escorted into the police car, his parents and wife sat on the ground, crying silently. The once alluring entrepreneurial dream has come to naught.
In December 2019, a case that caused a sensation across the country was tried in open court at the Anshan Intermediate People's Court. The protagonist of this case is Li Anlong, who was arrested two years ago for selling gun-type keychains.
The prosecutor presented the appraisal report of the relevant agency: the keychain sold by Li Anlong had a muzzle specific kinetic energy of more than 1.8 joules per square centimeter, which had reached the standard of a non-military firearm. According to the relevant laws, Li Anlong's behavior has constituted the crime of illegal trading of firearms, and the circumstances are serious, and it is recommended that he be punished heavily.
Li Anlong's defense lawyer was emotional, and questioned in court: "What my client is selling is nothing more than a keychain, a small plastic toy, which can neither be loaded with bullets nor have the function of shooting, how can it be regarded as a firearm?" I implore the court to make a not guilty verdict in accordance with the law!"
The defense lawyer took out a few keychains from his bag, walked straight to the judge, and slapped one on the trial table: "If the court determines that this is a gun and wants to sentence the client to death, then please use this 'gun' to execute!" The words are sharp and ironic.
The remarks caused an uproar in the courtroom. There was a lot of discussion in the auditorium, some whispered, and some applauded. The judge struck the gavel again and again to bring the scene under control.
Everyone present felt the emotions of the defense lawyer. His remarks expressed the doubts in the minds of many people: What kind of items can be recognized as firearms, and how should the degree of the law be grasped?
Supporters' point of view: Netizens who support Li Anlong believe that the keychain is essentially an ornament, at most a small toy, neither lethal nor threatening, and the sentence is too harsh, "The law should not be divorced from reality, it must be humane!"
Opponents are concerned that this realistic replica gun could be used by criminals and is a safety hazard. "The current social security situation is so grim that there is no room for carelessness. The law must be strict and criminals must not be given a chance to take advantage of it!" They strongly advocate heavier punishments.
From entrepreneurial dreams to prison nightmares
They pointed out that according to the current law, the key to determining whether a firearm constitutes a firearm is its power and lethality, rather than simply its appearance. Although the keychain has a realistic appearance, it has a simple internal structure, cannot be loaded with bullets, let alone shoot, and does not have the substantive characteristics of a firearm.
Other experts hold the opposite view, arguing that the muzzle specific kinetic energy of the keychain has reached the legal standard and objectively has some characteristics of a firearm. Strictly grasping the standards for identifying firearms is conducive to preventing and cracking down on crime at the source.
The controversy continues to ferment on the Internet and in the academic circles, and it has not subsided for a long time. People are eagerly awaiting that the court will make a fair ruling as soon as possible, explain the law with cases, and unify their understanding.
A few months later, the Anshan Intermediate People's Court finally made a first-instance verdict in the case. The court held that the defendant Li Anlong knew that the muzzle specific kinetic energy of the keychain he sold exceeded the statutory standard, but he still ignored the law and illegally manufactured and sold it, and the circumstances were serious.
His actions have constituted the crime of illegal trade in firearms. Considering that Li Anlong's family burden was heavy and his subjective malice was not great, the court decided to give him a lighter punishment and sentenced him to three years in prison. "Guilty!" As the gavel fell, Li Anlong's fate was settled. Under the leadership of the bailiff, slowly walk out of the courtroom.
The case sparked a social discussion
The trial of Li Anlong's keychain case has set off a huge discussion in society, and the first issue is the issue of the definition standard of toy guns and firearms.
Many netizens are puzzled: What is the difference between toy guns and real guns? How does the law stipulate it? In response to this problem, some firearms experts have come forward to explain that toy guns are mostly made of plastic and other materials, which cannot be loaded with bullets and do not have the function of shooting, while guns are weapons specially used for shooting, and there is an essential difference in the definition between the two.
But other experts point out that with the advent of high-fidelity toy guns, the line is becoming increasingly blurred. The keychain sold by Li Anlong has reached the standard of firearms due to its muzzle specific kinetic energy, and it is difficult to simply define it as a toy. How to draw a red line between the two is a test of the wisdom of legislators.
Some netizens believe that the legal judgment is too harsh, contrary to social justice, and contrary to the will of the people. In their opinion, what Li Anlong was selling was just a small toy, and there was no malice, and it was really difficult to convince the public when sentenced to three years in prison.
This view quickly dominated the mainstream of online public opinion, but some legal figures came forward to argue that the deterrent power of the law lies in its authority and certainty, and that if the judgment of a case is too much in line with public opinion, the law will lose its independence and become a tool of "rule by man".
Public opinion is valuable, but it must not be above the law. How to strike a balance between the law and public opinion is a difficult problem facing every judge.
The verdict in the Li Anlong case is a concentrated embodiment of this position. It sends a clear message to society: the state will not tolerate the problem of guns, and even a momentary negligence can pay a heavy price.
Warnings and reflections brought about by the case
Li Anlong's experience has taught everyone a vivid lesson in legal education, and it warns us that the bottom line of the law cannot be crossed, and luck is unacceptable. The black and white words in the hand are in front of the law, and no small sin can be hidden.
Li Anlong may not have the intention to commit a crime, but his behavior objectively violated the law, and he must bear the corresponding legal consequences, which every citizen must always keep in mind.
The curtain has fallen on the Li Anlong case, but the reflections it brings us have only just begun. I hope that this case can become a milestone on the road to the construction of the rule of law, and inspire us to stay true to our original aspirations and forge ahead on the road ahead.
Resources:
Dicheng Pufa Station: The man was sentenced for a gun-shaped keychain, and the lawyer: It is recommended that the defendant be sentenced to be shot, and the keychain gun will be executed
https://www.toutiao.com/article/7292319817234072079/?channel=&source=search_tab
Straits Metropolis Daily: Man sentenced for buying and selling "gun-shaped keychain", appealed in court, lawyer: The size is too small, it should be recognized as a toy and not a gun
https://www.toutiao.com/article/6970608517870895628/?channel=&source=search_tab