Regulations Governing Permission and Management of Homemade Hunting Guns and Spear Guns of Indigenous Peoples and Fishermen

2025-03-15
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Article 1
These Regulations are enacted pursuant to paragraph 3, Article 20 of the Firearms, Ammunition and Knives Control Act (hereinafter referred to as “the Act”).
Article 2
Measures related to the matters prescribed in these Regulations shall be planned, promoted, implemented, and supervised respectively by the central competent authority, the central competent authority with jurisdiction over indigenous affairs, and the Ministry of National Defense according to their own jurisdictions. The division of their responsibilities is made as follows:
1. The central competent authority shall be responsible for administering the research, planning, formulation, implementation, and interpretation of policies, regulations, and programs, as well as coordinating and guiding related application matters.
2. The central competent authority with jurisdiction over indigenous affairs shall be responsible for planning, formulating, and implementing training programs on the safe use of hunting guns made by indigenous peoples, and for providing guidance to assist in related application matters.
3. The Ministry of National Defense shall be responsible for providing indigenous peoples with consultation on the safe making of hunting guns and ammunition, for conducting safety inspections of Type B homemade hunting guns, and for assisting in training matters related to safe use of guns.
The central competent authority referred to in these Regulations is the Ministry of the Interior, and the central competent authority with jurisdiction over indigenous affairs is the Council of Indigenous Peoples.
Article 3
Terms used in these Regulations are defined as follows:
1. Indigenous peoples: They are people who have obtained their indigenous status in accordance with the Indigenous Peoples Status Act.
2. Fishermen: They are ROC nationals actually engaging in catching aquatic animals along the coast with a fishing vessel crew member identification booklet.
3. Homemade hunting guns: They are the hunting guns made, assembled, or processed by indigenous peoples which are used as a tool to make a living. Based on the source of the primary components which have been used, they are categorized as follows:
(1) Type A homemade hunting guns: Their primary components are permitted to be acquired by the Ministry of the Interior.
(2) Type B homemade hunting guns: Their primary components are made by indigenous peoples.
4. Homemade spear guns: They are the spear guns made and used as a tool to make a living by indigenous peoples or fishermen.
5. Primary components of homemade hunting guns: They are those announced as the primary hunting gun components by the central competent authority in accordance with paragraph 3, Article 4 of the Act.
6. Ammunition for Type A homemade hunting guns (hereinafter referred to as “ammunition”): It is referred to as shotgun shells permitted to be acquired for Type A homemade hunting guns by the Ministry of the Interior.
7. Indigenous groups: They are social groups established in accordance with the Civil Associations Act and officially registered with the government, whose person in charge is an indigenous person, and whose indigenous members comprise more than 80% of their membership. They exist as legal persons, organizations, or other groups.
8. Storage certificate: It refers to the certificate issued by the police department or police precinct of the municipality or county (city) where the storage is located, which certifies that the storage facility established by indigenous peoples to keep homemade hunting guns, ammunition, and their primary components has been inspected and approved.
Article 4
The structure of a homemade hunting gun and its ammunition is specified as follows:
1. A Type A homemade hunting gun:
(1) It is a break-action breech-loading shotgun with a 20-gauge barrel, either single or double-barrel, and a smoothbore barrel without rifling.
(2) It operates in single-shot mode, with no magazine or other ammunition-feeding device; each round of ammunition must be manually loaded, fired, and ejected.
(3) The overall length of the gun shall be at least 96 centimeters.
(4) Its trigger shall be equipped with a guard.
(5) It shall be equipped with a manual safety mechanism.
(6) Its ammunition is limited to 20-gauge shotgun shells.
2. A Type B homemade hunting gun:
(1) Its barrel caliber shall be less than 16 millimeters, and it shall be single-barrel only, with a barrel length of less than 90 centimeters.
(2) It shall operate in single-shot mode, with no magazine or other ammunition-feeding device; each charge and gunpowder load must be manually inserted, fired, and ejected.
(3) The overall length of the gun shall be at least 96 centimeters.
(4) The trigger shall be equipped with a guard.
(5) It shall be equipped with a manual safety device.
(6) The charge shall be a solid lead projectile smaller than the barrel’s inner diameter, which shall be loaded into the barrel of the homemade hunting gun before being fired. It shall be ignited by a rimier blank cartridge with a caliber of 0.27 inches or less, which is originally intended for use in powder-actuated fastening tools; standard cartridges and other similar fixed rounds containing projectiles, cartridge cases, primers, and gunpowder are not allowed.
(7) Its chamber diameter shall be not greater than 6.91 millimeters, and its length shall not exceed 30 millimeters.
Article 5
The structure of a homemade spear gun consists of a firing mechanism, gripping device, and rubber components. It propels sharp objects by using rubber elasticity to catch aquatic animals and shall not use gunpowder or other explosives to generate the propelling force.
Article 6
Indigenous peoples may apply to make, transport, or possess homemade hunting guns, their primary components, ammunition, or homemade spear guns if they meet the following requirements:
1. They must be of legal age.
2. They are not subject to guardianship or assistantship declaration.
3. They have not been finally convicted of offenses under paragraph 6, Article 5-2 of the Act, nor are they subject to the circumstances specified in paragraph 4, Article 20 of the Act.
4. Before applying to make, transport, or possess homemade hunting guns, their primary components, or ammunition, they must have successfully finished a training course on the safe use of homemade hunting guns which is conducted by the Council of Indigenous Peoples or by other agencies (organizations) or groups commissioned by it, and have obtained a certificate issued by the Council of Indigenous Peoples for passing the training course.
Fishermen who are actually engaged in catching aquatic animals along the coast may, out of need, apply to make, transport, or possess homemade spear guns if they meet the following requirements:
1. They are of legal age.
2. They are not subject to guardianship or assistantship declaration
3. They have not been finally sentenced to a fixed-term imprisonment or given a more severe sentence.
Article 7
When indigenous peoples apply to make or possess homemade hunting guns, their primary components, or ammunition, they shall submit the following documents along with their applications in writing to the municipal or county (city) government for permission through the multiple transfers of the police station whose jurisdiction covers their storage place:
1. A copy of the application form.
2. A photocopy of the national identification card.
3. A photocopy of the household certificate.
4. A photocopy of the certificate issued pursuant to subparagraph 4, paragraph 1 of the preceding article for passing the training course.
When applying to possess ammunition pursuant to the preceding paragraph, applicants are limited to those who have a license for a Type A homemade hunting gun. However, this requirement does not apply to those who are applying for the first time for permission to simultaneously make and possess a Type A homemade hunting gun.
Applications made pursuant to paragraph 1 are limited to once per year, and which shall be reviewed by the municipal or county (city) government, which shall and notify the applicants of its review result. Suchwhose carbon copy shall be sent to the Council of Indigenous Peoples and the Ministry of the Interior respectively.
Article 8
When applying to transport homemade hunting guns, their primary components, or ammunition, indigenous peoples shall submit the following documents to the municipal or county (city) government for permission through the multiple transfers of the police station whose jurisdiction covers the storage place:
1. A copy of the application form.
2. A photocopy of the national identification card.
3. A photocopy of the license issued for a homemade hunting gun, or a photocopy of the approval document issued by the municipal or county (city) government for possessing the primary components of the homemade hunting gun or ammunition.
When applying to sell, transfer, rent, lend, or store homemade hunting guns, their primary components, or ammunition, among themselves, indigenous peoples shall submit the following documents to the municipal or county (city) government for permission through the multiple transfers of the police station whose jurisdiction covers the storage place:
1. A copy of the application form.
2. A photocopy each of the national identification cards of both applicants.
3. A photocopy of the license issued for the homemade hunting gun, or a photocopy of the approval document issued by the municipal or county (city) government for possessing the primary components of the homemade hunting gun or ammunition.
4. A photocopy each of the certificates issued pursuant to subparagraph 4, paragraph 1 of Article 6 to both applicants for passing the training course.
5. For collective storage in a storage facility, a consent letter from an indigenous group or tribe that approves the collective storage must be obtained; for storage in the storage facility of an individual indigenous person, a letter of consent and a paper that proves such storage must be obtained from the person.
The duration for the rental, lending or storage applied for pursuant to the preceding paragraph shall not exceed two months for each application, and the combined total duration for the rental, lending, or storage in a given year shall not exceed four months. However, this time limit does not apply to indigenous storage applicants who do not reside in any indigenous area.
Article 9
When applying to make, transport or possess homemade spear guns, indigenous people or fishermen shall submit the following documents to the municipal or county (city) government for permission through the multiple transfers of the police station whose jurisdiction covers the storage place:
1. A copy of the application form.
2. A photocopy of the national identification card.
3. If the applicant is an indigenous person, a photocopy of the household certificate shall be submitted; if the applicant is a fisherman, a photocopy of the fishing vessel crew member identification booklet shall be submitted.
When applying to sell, transfer, rent, lend, or store homemade spear guns among themselves, indigenous peoples shall submit the following documents to the municipal or county (city) government for permission through the multiple transfers of the police station whose jurisdiction covers storage place:
1. A copy of the application form.
2. A photocopy each of the national identification cards of both applicants.
3. If both applicants are indigenous persons, they shall each submit a photocopy of their household certificates; if both are fishermen, they shall each submit a photocopy of their fishing vessel crew member identification booklets.
4. A photocopy of the license issued for the homemade spear gun.
The duration for the rental, lending or storage applied for pursuant to the preceding paragraph shall not exceed two months for each application, and the combined total duration for the rental, lending, or storage in a given year shall not exceed four months.
Article 10
The number of the Type A homemade hunting guns possessed, rented, or lent pursuant to the provisions of these Regulation shall be limited to one only. The person who continues to possess the homemade hunting gun possessed before these Regulations went into force and possesses the homemade hunting gun pursuant to these Regulations may totally possess two homemade hunting guns at the maximum.
The number of homemade hunting guns taken into storage or put under individual custody pursuant to these Regulations shall be limited to two only.
The total number of homemade spear guns possessed pursuant to these Regulations and the spear guns procured pursuant to Article 7 of the Regulations Governing Permission and Administration Management of FirearmsGuns, Ammunition, and Knives and Weapons shall be limited to two at the maximum.
Each person may apply to procure no more than 300 rounds of ammunition per year; in addition to those possessed through sales, transfers, rentals, loans, and storage among indigenous people, the total shall not exceed 500 rounds. However, this number limit does not apply to those acquired through inheritance.
Article 11
The municipal or county (city) government shall grant or reject the application made pursuant to Articles 7 - 9 within twenty days following the day when the application form and required documents are received.
The Ministry of the Interior shall grant or reject the application made pursuant to Article 12 within twenty days following the day when the application form and all required documents are received, which may be extended if necessary.
If the application needs to be supplemented, the agency receiving the application shall notify the applicant in writing of the supplements needed to be provided within a specified period, which shall not be counted as the time within which the application must be granted or rejected as prescribed in the preceding two paragraphs.
Article 12
After obtaining permission to possess the primary components of a Type A homemade hunting gun or ammunition, an indigenous person may commission a licensed business engaged in the import/export of firearms and ammunition to import the primary components or ammunition of a homemade hunting gun. The commissioned business shall submit the following documents to apply to the Ministry of the Interior for import permission on a case-by-case basis:
1. A copy of the application form.
2. A power of attorney.
3. The approval document that is issued by the municipal or county (city) government to allow an indigenous person to possess the primary components or ammunition of a homemade hunting gun. Those commissioning the import of ammunition may submit a photocopy of the Type A homemade hunting gun license in lieu of the permit that allows the possession of ammunition.
4. A paper that proves storage. Those who opt for collective storage must obtain a letter of consent from the indigenous group or tribe agreeing to the collective storage.
5. The model and catalog of the hunting gun and ammunition in six copies, along with a quantity list.
6. The original or a photocopy of the company registration certificate; if a photocopy is submitted, it must be affixed with the company seal and the seal of its representative or its person in charge.
The business that obtains import permission pursuant to the preceding paragraph shall effect the import within the same year when the permission is given. If the import is delayed due to force majeure such as natural disasters or foreign laws, an extension of the permission may be applied for with the Ministry of the Interior.
Article 13
The business importing the primary components and ammunition of Type A homemade hunting guns pursuant to the preceding article shall temporarily and collectively store them at a fixed place. On the day to pick up the imports, the police department of the municipality or county (city) where the storage place is located shall be notified for on-site inspection. If the inspection request cannot be made on the very day due to force majeure such as natural disasters, or the need to change the temporary storage place, a report in writing must be submitted to seek approval from the police department of the municipality or county (city) where the storage place is located.
Paragraph 1, Article 20, shall apply mutatis mutandis to the establishment criteria for the temporary storage place as prescribed in the preceding paragraph. The storage place shall not be used until it has passed the joint inspection conducted by the Ministry of the Interior along with the local municipal, county (city) government. If necessary, the fire department may also be invited to participate in the inspection.
Before delivering the primary components of Type A homemade hunting guns, the business shall use a method to leave indelible words and a number on the metal surfaces of the gun barrel and gun body, indicating that the gun is used exclusively by indigenous people only and the serial number of the approved homemade hunting gun.
The business and the indigenous person who gives the commission shall respectively deliver and receive the imports within one month following the day when the inspection is finished as prescribed in the preceding paragraph. Within seven days following the day of the delivery deadline, the business shall compile a registry containing the identity information of the indigenous person, the quantity of the procured primary components and ammunition of the homemade hunting guns, and the date of receipt, and submit it to the police department of the municipality or county (city) where the storage place is located for recordkeeping.
Article 14
Within one month following the day when the primary components of a homemade hunting gun is received as prescribed in the preceding article, the indigenous person shall have finished making the Type A homemade hunting gun, and submits it to the police department of the municipal or county (city) government whose jurisdiction covers the storage place to apply for inspection and registration.
If, for some reason, the gun cannot be made within the time limit specified in the preceding paragraph, a written application may be submitted to the police department of the municipality or county (city) where the storage place is located for a one-time extension. The period extended to make the gun shall not exceed one month.
Article 15
After obtaining permission to make a Type B homemade hunting gun, the indigenous applicant shall, within one month following the day when the permit is received, have finished making the gun by himself or by collaborating with another indigenous person who makes guns not for a profit. The gun shall then be submitted via the police station whose jurisdiction covers the storage place to the municipal or county (city) police department to apply for safety inspection. If the application is not made within the time limit, the original permission shall become void.
Article 16
Upon receiving the application for an inspection of a Type B homemade hunting gun as prescribed in the preceding article, the municipal or county (city) police department shall assign its personnel to transport the gun to a safety inspection facility designated by the Ministry of National Defense.
The Ministry of National Defense or one of its agencies (organizations) shall conduct the safety inspection within one month in accordance with the Safety Inspection Items and Criteria for Hunting Guns Made by Indigenous Peoples, and shall send the inspection results back to the police department that has requested the inspection and its carbon copy to the Ministry of the Interior.
The inspection items and criteria referred to in the preceding paragraph shall be established by the Ministry of the Interior joined by the Council of Indigenous Peoples and the Ministry of National Defense.
The municipal or county (city) police department shall assign its personnel to retrieve the homemade hunting gun from the safety inspection facility and return it to the applicant. For the applicant whose gun has passed the safety inspection, a license for his homemade hunting gun shall be granted; for those whose gun has failed to pass the inspection, a notification in writing shall be given to tell him to apply for re-inspection.
Article 17
An indigenous person or fisherman who has been granted permission to make a homemade spear gun shall have finished making the gun within one month following the day when a notification is received that says the permission has been granted pursuant to paragraph 1, Article 9, and shall submit the gun to the municipal or county (city) police department whose jurisdiction covers the storage place to apply for an inspection, branded serial number, and registration.
If, for some reason, the gun cannot be made within the time limit specified in the preceding paragraph, a written application may be submitted to the police department of the municipal or county (city) government whose jurisdiction covers the storage place for a one-time extension. The period extended to make the gun shall not exceed one month.
Article 18
Upon completing the inspection pursuant to Article 14 or the preceding article, the municipal or county (city) police department shall issue a license for the homemade hunting gun or spear gun within one month.
The license referred to in the preceding paragraph shall be printed by the Ministry of the Interior and issued in the name of the municipal or county (city) police department. Article 10 of the Self-DDefense Guns ControlFirearms Management Act applies mutatis mutandis to the collection and use of the license application fees.
The license for homemade hunting guns and spear guns has a valid two-year period, and the first year of this period starts from January 1. The validity of the license is limited to two years. Upon the expiration of its validity, an application must be made to the police precinct which has jurisdiction over the storage place, and will forward it to the municipal or county (city) police department which will cancel the old license and issue a new one.
Article 19
The homemade hunting guns, their primary components, and ammunition that are granted to be possessed by indigenous people shall be stored collectively or separately within indigenous areas.
Indigenous people who apply to collectively store homemade hunting guns, their primary components, and ammunition in a storage set up for homemade hunting guns and ammunition by an indigenous group or tribe shall apply for permission with the municipal or county (city) government via the police precinct which has jurisdiction over the storage place by submitting the following documents:
1. A copy of the application form.
2. A photocopy of the national identification card.
3. A photocopy of the license for the homemade hunting gun, or a photocopy of the document issued by the municipal or county (city) government to approve the making of the homemade hunting gun or ammunition.
4. A letter from the indigenous group or tribe that gives consent to a collective storage.
An indigenous tribe or an indigenous group whose meeting placeregistered premise is located in an indigenous area, which has obtained approval from the Ministry of the Interior via the Council of Indigenous Peoples, may run the collective storage.
When relocated to an area rather than an indigenous area due to natural disasters or other force majeure events, indigenous people may store their homemade hunting guns, their primary components, and ammunition in other collective or separate storage places or in the police precinct or police station which has jurisdiction over their residences; for those who use the police precinct or police station for temporary storage, the longest storage shall not exceed three months.
Article 20
The establishment criteria for the storage facility (hereinafter referred to as the storage facility) used to collectively store homemade hunting guns, their primary components, and ammunition are as follows:
1. Storage facilities shall be set up to store homemade hunting guns, their primary components, and ammunition separately, which shall be watched by specially-assigned personnel around the clock.
2. The storage facility shall be built with steel rebar and concrete and reinforced with iron doors, iron windows, and locks.
3. The storage facility shall be equipped with video surveillance equipment, AC/DC powered alarms, and an automatic reporting security system. The video and audio information filed by the surveillance system must be retained for at least one month from the day when the information is recorded.
4. The storage facility shall be equipped with firefighting equipment such as fire extinguishers.
5. There shall be gun cabinets with locks Inside the storage facility,
6. The ammunition storage facility shall have a vent hole, thermometer and hygrometer.
7. The storage facility shall have a log book that records the retrieval and use of any gun and ammunition and another log book that records ammunition stockpiles, which must be retained for at least five years.
The storage facility shall not be open for operation until it has passed the joint inspection conducted by the Ministry of the Interior joined by the Council of Indigenous Peoples, and the municipal or county (city) government which has jurisdiction over the storage facility. When necessary, the fire department may also be invited to participate in the inspection.
If the storage facility needs to be relocated due to natural disasters or other force majeure events, the indigenous group or tribe that has set up or is running the storage facility may apply to the Ministry of the Interior to store the homemade hunting guns, their primary components, and ammunition in another storage place.
The storage period referred to in the preceding paragraph shall not exceed three months. If the stored homemade hunting guns, their primary components, and ammunition are not relocated back to the original site by the end of the deadline, the Ministry of the Interior may revoke the permission for their collective storage, and place them under temporary storage in the police precinct or police station which has jurisdiction over the storage facility. The owner shall be notified to retrieve the goods within three months.
Article 21
For those separately storing homemade hunting guns, their primary components, and ammunition, the storage equipment must be in compliance with the following rules:
1. A sturdy metal cabinet shall be set up in their residences to separately store the homemade hunting guns, their primary components, and ammunition.
2. The metal cabinet shall be locked and the video surveillance equipment and alarms shall be set up. The recorded video and audio files must be retained for at least seven days from the day when the recording is done.
The storage equipment referred to in the preceding paragraph shall, after the indigenous people have obtained the permission to make and possess the homemade hunting guns, their primary components, or ammunition pursuant to Article 7, not be open for operation until it has passed the inspection conducted by the municipal or county (city) police department or police precinct which has jurisdiction over the storage places.
The municipal or county (city) police department shall issue a storage certificate within ten days from the day when the inspection referred to in the preceding paragraph is done.
Article 22
When the storage place of a homemade hunting gun, its primary components, ammunition, or a homemade spear gun permitted pursuant to Article 7 or Article 9 is changed, the possessor must, within one month following the day when the change takes place, submit the license or approval document and a copy of the application form for change registration to both the former and current municipal or county (city) police departments with jurisdiction over the new and former storage places respectively to apply for change registration..
Article 23
Any indigenous person or fisherman who obtains permission for the sale or transfer of a homemade hunting gun, its primary components, ammunition, or a homemade spear gun pursuant to paragraph 2 of Article 8 or paragraph 2 of Article 9 shall, within seven days following the day when the approval document is received, personally submit the license and the application form for change registration to the municipal or county (city) police department with jurisdiction over the storage place to apply for registration change.
Article 24
In the event of the death of the holder of a homemade hunting gun, its primary components, or ammunition, his heir applying to continue possessing the items must reapply for permission in accordance with Article 7 within three months following the day when the event occurs.
Article 25
When the possessor carries his permitted homemade hunting gun, its primary components, ammunition, or his homemade spear gun outside, he must carry a photocopy of the license or another document sufficient to prove the permission.
When carrying a homemade hunting gun outside, it must be so adequately covered that its shape won’t be identifiable. The gun shall not be loaded until reaching the place where the gun is to be used.
Carrying a homemade hunting gun or ammunition on a means of public transport is prohibited. However, for some reason, when the possessor needs to take an airplane to and from an offshore island, has applied for permission with the municipal or county (city) government which has jurisdiction over the storage place in accordance with paragraph 1 of Article 8 or paragraph 1 of Article 26, and has checked in the gun in accordance with the relevant provisions of the Civil Aviation Act, this prohibition does not apply.
Article 26
In the event that a possessor carries a homemade hunting gun or ammunition out of the municipality or county (city) with jurisdiction over the storage place, he must, except for temporary departures due to animal tracking while hunting, submit the following documents to the municipal, county (city) police department to apply for permission via the police precinct with jurisdiction over the storage place. However, this requirement does not apply to the possessor who has obtained permission for transportation in accordance with paragraph 1 of Article 8:
1. A copy of the application form.
2. A photocopy of the national identification card.
3. A photocopy of the license for a homemade hunting gun, or a photocopy of the approval document issued by a municipal or county (city) government for possessing ammunition.
The departure applied for in the preceding paragraph shall be limited to fifteen days for each application. The municipal or county (city) government shall make a decision to approve or reject the application within fifteen days following the day when the application is received, and must notify the police department which has jurisdiction over the place where the possessor will sojourn and which will monitor it.
Article 27
The ammunition possessor shall hand over the cartridge cases to the police station which has jurisdiction over the storage place once for every three months. After counting the quantity, the police station shall issue a receipt for the cartridge cases that have been handed over.
The municipal or county (city) government may base its decision on the quantity of ammunition it is going to approve for the annual ammunition purchase application made for the next year on the quantity of the cartridge cases handed over and the quantity of the ammunition used by the possessor.
Article 28
If the approval document for the primary components of a homemade hunting gun, ammunition, or the license for a homemade hunting gun or spear gun is lost or damaged, the possessor must apply to the municipal or county (city) police department with jurisdiction over the storage place for a replacement license within fifteen days following the day when the loss or damage occurs.
If a homemade hunting gun, its primary components, ammunition, or a homemade spear gun is lost or stolen, the possessor or safe keeper must report it to the police within three days and shall turn in the license or cancel the registration at the municipal or county (city) police department which has jurisdiction over the storage place.
In the case of loss or theft of the homemade hunting gun, its primary components, ammunition, or the homemade spear gun as prescribed in the preceding paragraph, the municipal or county (city) police department which has jurisdiction over the storage place shall notify all police agencies nationwide for assistance in locating the items and cc the Ministry of the Interior.
Article 29
If a Type A homemade hunting gun is damaged and requires overseas repair or replacement of its primary components, the possessor may commission a licensed operator engaged in the import/export trade of firearms and ammunition to handle the import or export of the Type A homemade hunting gun. The commissioned operator must submit the following documents to apply to the Ministry of the Interior for import or export permission on a case-by-case basis:
1. A copy of the application form.
2. A power of attorney.
3. A photocopy of the Type A homemade hunting gun license.
4. Photographic documentation of the damage to the Type A homemade hunting gun.
The municipal or county (city) police department which has jurisdiction over the storage place may assign personnel to inspect the damage to the Type A homemade hunting gun referred to in the preceding paragraph.
If the possessor replaces the primary components of a Type A homemade hunting gun on their own, he must proceed in accordance with the provisions of Article 14; if the gun barrel or gun body is replaced, the operator must proceed in accordance with the provisions of paragraph 3 of Article 13.
Article 30
Damage to the primary components and other parts of a Type A homemade hunting gun, excluding the gun barrel and the gun body, may be repaired by a Type A homemade hunting gun repair operator.
Article 31
An operator engaging in the repair business of Type A homemade hunting guns shall submit an application to the Ministry of the Interior for permission. When a company applies, it must also submit the original or a photocopy of the company name and business registration pre-approval certificate issued by the Ministry of Economic Affairs. If a photocopy is submitted, it must be affixed with the company seal and the seal of its person in charge.
If an operator as prescribed in the preceding paragraph applies for permission and its person in charge has any of the following circumstances, the permission shall not be granted; if already granted, the permission shall be revoked or canceled:
1. If finally convicted of intentional homicide, aggravated assault, robbery, forcible theft, violation of sexual autonomy, kidnapping for ransom, offenses under the Drug Hazard Control Prevention Act, the Anti-Human Trafficking Prevention Act, the Organized Crime Prevention Control Act, the Fraud Crime Hazard Prevention Control Act, or this Act, or any other crimes punished with not less than imprisonment for a definite period.
2. Having been under guardianship or assistantship declaration, and the declaration has not yet been revoked.
3. Having been penalized at least twice by final rulings for acts violating the Social Order Maintenance Act by using hallucinogenic substances other than narcotics or controlled drugs.
If the person in charge of an operator with existing permission is prosecuted for violating this Act, the application made by the operator in accordance with paragraph 1 of Article 32 shall be suspended from the day when the prosecution is initiated. If the person in charge is later acquitted by a final judgment, the application in accordance with paragraph 1 of Article 32 may be filed.
Article 32
A repair operator of Type A homemade hunting guns may apply to import primary components (excluding gun barrels and gun bodies) and other spare parts for the purpose of repairing Type A homemade hunting guns. When applying, the following documents shall, on a case by case basis, be submitted to the Ministry of the Interior for permission:
1. A copy of the application form.
2. The certificate of product origin or proof of purchase documents.
3. The catalog specifying the models of primary components (excluding gun barrels and gun bodies) and other spare parts in six copies along with a detailed quantity list.
4. The original or a photocopy of the company or factory registration certificate; if a photocopy is submitted, it must be affixed with the company or factory seal and the seal of the person in charge.
5. Documentation of the repair, storage, and usage conditions of the items imported in the last application.
The primary components and other spare parts as those imported in the preceding paragraph shall not be sold, transferred, or lent to others for use. In the event of damage, loss, or destruction, the event must be immediately reported to the municipal or county (city) police department that has jurisdiction over the storage place for registration.
After using the imported primary components for repair, the operator shall immediately list the original primary components for future control, and destroy them periodically, for which the municipal or county (city) police department shall be requested for supervision.
Article 33
The Ministry of the Interior and the municipal or county (city) police department may conduct inspections of the repair, storage, and usage conditions of the operator referred to in the preceding article, and may request the submission of relevant information.
The operator and personnel subject to the inspection as referred to in the preceding paragraph shall not refuse, obstruct, or evade the inspection without just cause; any failure to comply may result in the revocation of the business license.
Article 34
Each municipal or county (city) police department shall conduct a general inspection at least once per year, assigning its personnel to inspect homemade hunting guns, their primary components, ammunition, storage facilities, metal cabinets, and homemade spear guns. However, for the purpose of maintaining public safety, ad hoc general inspections may be carried out.
If any deficiencies are found during the inspection referred to in the preceding paragraph, the possessor or safe keeper shall be ordered to address them within one month, and the Ministry of the Interior shall be informed accordingly. However, if the possessor or safe keeper is unable to make the required improvements within the specified period due to natural disasters or other force majeure events, he may apply to the municipal or county (city) police department for an extension of the improvement period via the police precinct that has jurisdiction over the storage place.
Article 35
Type A homemade hunting guns made in accordance with these Regulations shall be assembled and processed entirely using the same primary components as those used by the hunting gun model manufactured by a foreign original manufacturer, which have been permitted for purchase by the Ministry of the Interior.
The model and type of the hunting guns referred to in the preceding paragraph shall be reviewed jointly by the Ministry of the Interior, the Council of Indigenous Peoples, and the Ministry of National Defense, and announced on the official websites of the Council of Indigenous Peoples, the Ministry of the Interior, and other relevant agencies.
Article 36
The safety training for homemade hunting guns as specified in subparagraph 4, paragraph 1 of Article 6, shall be carried out by the Council of Indigenous Peoples, or jointly conducted by indigenous tribes, groups, or agencies (organizations) commissioned by the Council. When necessary, assistance from the Ministry of National Defense and the Ministry of the Interior may be requested.
The training program referred to in the preceding paragraph shall include traditional hunting culture, laws and regulations related to homemade hunting guns, their operation, maintenance, and shooting. A certificate for passing the training course shall not be issued until the trainee has completed the training and passed a test.
The qualifications for participating in the training referred to in paragraph 1, as well as the course test and other relevant matters, shall be established by the Council of Indigenous Peoples.
For the purpose of conducting the homemade hunting gun safety training referred to in paragraph 1, the Council of Indigenous Peoples may apply to the Ministry of the Interior to purchase the firearms and ammunition specified in subparagraphs 1 and 2, paragraph 1, Article 4 of the Act.
Article 37
The homemade hunting guns or spear guns that were permitted to be made and licensed in accordance with the Regulations Governing Permission and Administration Management of FirearmsGuns, Ammunition, Knives and Knives Weapons prior to the enforcement of these Regulations may continue to be possessed and used.
The homemade hunting guns referred to in the preceding paragraph are not subject to the provisions of subparagraph 4, paragraph 1, Article 6, Article 7, and Article 21. Those possessors who continue their possession after the enforcement of these Regulations shall sign an affidavit.
Article 38
Those applying for permission to make, possess, transport, reciprocally sell, transfer, rent, lend, or store homemade hunting guns, their primary components, ammunition, or homemade spear guns pursuant to Articles 7 to 9 shall have their applications rejected if they have any of the following circumstances; if permission has already been granted, it shall be revoked or annulled:
1. Failure to meet any of the circumstances as specified in paragraph 1 or paragraph 2 of Article 6.
2. Loss of indigenous or fisherman status.
3. The documents or materials submitted to apply for permission contain false information, forgery, or alterations.
4. The structure of the homemade hunting gun is not in compliance with the provisions of Article 4.
5. The structure of the homemade spear gun is not in compliance with the provisions of Article 5.
6. The homemade hunting gun, its primary components, ammunition or spear gun is lost or stolen due to improper storage attributable to the possessor or safe keeper.
7. The possessor or safe keeper does not comply with the provisions of paragraphs 1, 2, and 4 of Article 19, paragraph 4 of Article 20, paragraphs 1 and 2 of Article 21, or Article 23, and fails to make the required improvements within the specified period as ordered.
8. The quantity applied for exceeds the limits specified in Article 10.
9. The duration applied for is not in agreement with the time limits set forth in paragraph 3 of Article 8 or paragraph 3 of Article 9.
10. Failure to provide the required supplements or the complete supplements within the specified period as ordered pursuant to paragraph 3 of Article 11.
11. The possessor fails to complete what the permission allows him to do within the time limits specified in Article 14, Article 15, Article 17, Article 22, or Article 24.
12. The possessor has died. However, this does not apply to the heir to the homemade hunting gun or ammunition if he meets the required qualifications for the application and has applied for permission within the time limits pursuant to Article 24.
13. The possessor fails to carry proof documents as required by paragraph 1 of Article 25, and evades, obstructs, or refuses inspection.
14. The possessor violates paragraph 2 or paragraph 3 of Article 25, and fails to comply as advised.
15. The possessor violates the provisions of Article 26 two or more times within a three-year period starting from the current year.
16. The possessor or safe keeper fails to proceed in accordance with the provisions of paragraph 2 of Article 28.
17. The item is no longer needed or has been damaged to the point of being unusable. However, this does not apply to circumstances as prescribed in Article 29 or Article 30.
18. The possessor or safe keeper evades, obstructs, or refuses the inspection required under Article 34, or fails to make improvements within the specified period as ordered.
Article 39
If an indigenous person applying under Article 7 to make or possess a homemade hunting gun, or to possess its primary components or ammunition, had any of the following circumstances during the year before the application is made, his application for permission made within the approved period shall be rejected; if already granted, the permission shall be revoked or annulled. The Ministry of the Interior may, depending on the severity of the circumstances, determine that the person shall not be allowed to apply to make, possess a homemade hunting gun or possess its primary components or ammunition for a period ranging from one to three years from the time his application is rejected, or his permission is revoked or cancelled:
1. Violation of Article 20 of the Act by failing to pay the fine within the specified period, resulting in being referred to compulsory enforcement in accordance with law.
2. Being subject to the circumstances as specified in subparagraph 4 or subparagraph 15 of the preceding article.
3. Being subject to any of the circumstances specified in subparagraph 9, subparagraphs 11 to 14, subparagraph 16, or subparagraph 18 of the preceding article twice or more.
Article 40
If the permission for a homemade, its primary components, ammunition, or a homemade spear gun is revoked or annulled under the preceding two articles or paragraph 1, Article 5-2 of the Act, the possessor or heir shall, within fifteen days following the day when the document revoking or annulling the permission is received, submit the item and license to the municipal or county (city) government that has jurisdiction over the storage place and will offer a price to acquire the items; If there is no one to submit the item, the competent authority of the municipal or county (city) government which has jurisdiction over the storage place shall confiscate them.
Homemade hunting guns, their primary components, cartridge cases, ammunition, or homemade spear guns that have been acquired, confiscated, or turned in in accordance with these Regulations shall be sent to the Police Equipment Maintenance Plant of the National Police Agency, Ministry of the Interior for destruction; the cost of the destruction shall be covered by the annual budget of the National Police Agency, Ministry of the Interior, which has been compiled year after year.
Article 41
The municipal or county (city) police department shall carry out a promotion campaign once in every six months in indigenous areas or fishing villages to guide indigenous people and fishermen to apply to make homemade hunting guns, ammunition, and homemade spear guns in accordance with the law.
The Council of Indigenous Peoples shall regularly promote annual safety training to be attended by indigenous people and their applications for making homemade hunting guns, ammunition, and homemade spear guns in accordance with the law.
Article 42
The various forms required under these Regulations shall be separately formulated by the Ministry of the Interior and the Council of Indigenous Peoples according to their respective jurisdictions.
Article 43
These Regulations shall be put into effect from March 15, 2025.