Public Trading of Weapons Online. Is It a Violation of the Law?

On the street, it is common to encounter juveniles carrying weapons such as folding knives and electric batons under the pretext of "self-defense." Additionally, some individuals use these weapons for the purposes of fighting and personal revenge. They are unaware that carrying and using weapons when needed can easily turn them into criminal offenders. The number of law violations caused by juveniles using weapons is fairly high and is trending upwards, becoming a troubling and concerning issue for society.

In light of this situation, the competent authorities are always striving to control, prevent, and promptly handle the sources of weapon storage and trading in order to limit the occurrence of crimes.

According to Ordinance No. 16/2011/UBTVQH12, the types of weapons include: military weapons, hunting guns, rudimentary weapons, sports weapons, and other weapons with similar features and effects. Military weapons include small handheld firearms designed for individual use, including pistols, rifles, submachine guns, light machine guns, and other similar firearms used for defense and security purposes. Rudimentary weapons include knives, swords, spears, pikes, bayonets, machetes, brass knuckles, clubs, bows, and crossbows.

Article 4 of Decree 25/2012/ND-CP stipulates: It is strictly prohibited to misuse and use weapons to infringe on the health, life; rights, and legitimate interests of individuals, agencies, and organizations.

Additionally, criminal law includes several specific provisions as follows:

- According to Article 230 of the Penal Code (PC): Any person who stores, transports, or uses military weapons may be sentenced to a minimum of one year and a maximum of life imprisonment. Furthermore, the offender may also be fined from 5 million VND to 50 million VND, subject to probation or forbidden to reside from 1 to 5 years.- For rudimentary weapons, Article 233 of the PC stipulates: “Any person who stores, transports rudimentary weapons or support tools, having been administratively sanctioned for such acts or having been convicted of this crime and has not had their criminal record expunged, shall be criminally responsible with a prison sentence of 3 months to a maximum of 5 years. The offender may also be fined from 5 million VND to 50 million VND, subject to probation or forbidden to reside from 1 to 5 years.

In cases where the violator's act of managing rudimentary weapons does not reach the level of criminal responsibility, they may be administratively penalized under Decree 73/2010/ND-CP.

Thus, individuals who carry weapons may be criminally or administratively liable depending on the type of weapon, the quantity of weapons, and the nature of their actions.

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