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News Headline:A man, dissatisfied with being denied leave, was arrested after police switched his weapons and ammunition; he shouted, "The captain forced me to do it!"
Media Source:TTV News
reporter:
News link:https://youtu.be/1U6SNKKKyIw?si=MQxH6zFx_dsrKY2J
Interviewed lawyer:
News Summary
According to TTV News, a former police officer from the Second Special Police Corps is suspected of returning a model gun and dummy bullets after a duty shift in March 2026, leaving real guns and live ammunition in his personal bag. An inventory revealed this discrepancy. The prosecution did not accept his explanation of momentary forgetfulness, believing it was related to a dispute over leave and management. On November 6th, he was indicted under the Firearms, Ammunition and Knives Control Act, and a heavy sentence was recommended. The above are the prosecution's charges; whether a crime has been committed and the appropriate sentence are still pending court review.
Lawyer's Explanation
The legal implications of lawfully using firearms and ammunition while on duty differ from unauthorized control of firearms and ammunition outside the scope of one's duties. Determining whether illegal possession is involved cannot solely depend on whether the individual is a police officer; it requires verifying the legal basis for use, duty and return regulations, the actual state of control, and subjective intent. The Firearms, Ammunition, and Knives Control Regulations have different provisions for lawfully used firearms and ammunition versus unauthorized possession; the absence of firing a weapon or taking it home does not automatically preclude a crime.
illegal possession of firearms and ammunitionIn this case, whether the firearms were truly forgotten should be determined based on evidence such as return records, surveillance footage, differences between genuine and counterfeit firearms, and prior and subsequent actions. A conclusion cannot be drawn solely based on a single explanation or emotional statement. Dissatisfaction with work schedules or leave should be addressed through legal channels such as appeals and reviews; it generally cannot be used as a legitimate reason for switching firearms. Criminal liability and administrative penalties must be determined according to their respective requirements and procedures; it is inappropriate to directly convict someone in a prosecution.
Fuda Law Firm
Address: 17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei Taiwan 106
Tel:02-7709-3611
Line：@fdlaw
Facebook:FDLAW
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw