Law Enforcement Common Knowledge Requirements for Use of Weapons
Public security police officers may use weapons if they encounter one of the emergency situations stipulated in Article 9 of the Regulations on the Use of Police Equipment and Weapons of the People's Republic of China. If the warning is invalid, they may use weapons; if there is no time to warn or the warning may lead to more serious harmful consequences, they may use weapons directly.
1. The police officer shall use weapons in accordance with the following procedures:
(1) Determine the situation on the scene;
(2) Indicate the identity of the police and shoot a gun to warn; in case of an emergency, they can indicate their identity at the same time as the gun is fired;
(3) Order unrelated people present to avoid it;
(4) Order the criminal person to stop committing violent crimes, or fire a gun to warn;
(5) If the criminal person continues to commit violent acts after the police verbally warns or fires a gun to warn, they can use weapons against them; if there is no time to warn or warns or causes more serious harmful consequences, they can use weapons directly;
(6) If the perpetrator stops committing the crime, obeys the orders of the public security police, or loses the ability to continue committing the crime, he shall stop shooting immediately and be on guard with a gun;
(7) Before determining that the danger is eliminated, he shall continue to be on guard with a gun;
(8) After confirming that the danger is eliminated, he shall close the firearm insurance and reclaim the gun.
2. When using weapons, public security police shall not fire a warning if any of the following situations occur:
(1) In a prosperous area, a place where people gather, or other places where people are prone to accidentally hurt others;
(2) Where there is a place where a large number of flammable, explosive, highly toxic, radioactive and other dangerous goods are stored;
(3) After firing a warning, it may lead to more serious harmful consequences such as endangering the personal safety of citizens or public security police.
3. Public security police shall not use weapons if any of the following circumstances exists:
(1) When handling public security cases, public petition incidents, evacuation of road traffic and investigation and punishment of traffic violations, etc.;
(2) Theft, fraud and other non-violent crimes or the violent crime is minor, and the above-mentioned crimes are refused arrest or escape;
(3) The person who committed the crime is found to be pregnant women and children, except for those who use guns, explosions, highly toxic and other dangerous items to commit violent crimes;
(4) If the criminal is in a place where the masses gather, or a place where a large number of dangerous items such as flammable, explosive, highly toxic, radioactive, etc. are stored, but the use of weapons will not be used to stop it, and more serious harmful consequences may occur.
If the person who commits an act of endangering the lives and safety of the public security police or other personnel present, or carries guns, explosions, highly toxic and other dangerous items, the public security police may use weapons.
If the conditions for using weapons are met, but there are no weapons on the scene or the use of weapons may cause more serious harmful consequences, the police can use other necessary coercive means to subdue the criminal.
