拿模型槍是否會構成恐嚇公眾罪或恐嚇危害安全罪

Chi Lin-lien gifted a "model gun," Hsieh Lung-chieh defended it, saying it was to combat corruption. Lawyer Li Yu-sheng explained the potential legal violations of displaying model guns in public places.


Chi Lin-lien presents "model gun," Hsieh Lung-chieh defends him: It's for combating corruption | Next TV News, Era News reporters Lin Yu-hsuan and Chen Ming-hua

At a veterans' appreciation dinner in Tainan, Kuomintang Vice Chairman Chi Lin-lien handed a model gun to legislator Hsieh Lung-chieh, even demonstrating loading the magazine and cocking the gun. He claimed that this "mascot" was made by a Marine Corps factory and even asked Hsieh Lung-chieh to "fire a shot," which sparked discussion.

Hsieh Lung-chieh clarified twice, stating that "giving away a gun is firstly to fire a signal, secondly to combat corruption and collusion between officials and businessmen, and thirdly to maintain public order and protect the city's safety," urging people not to make a fuss. Regarding public curiosity about the source of the model gun, Chi Lin-lien responded that it was a commemorative gun produced by a company owned by Marine Corps members.

Lawyer Li Yu-sheng of Fidelity Law Firm stated that even if the handgun wielded by Hsieh Lung-chieh was a model gun, it could still violate the Social Order Maintenance Act if its appearance in a public setting was likely enough to mislead the average person into believing it was a real gun. If it caused public panic, it could even constitute the crime of intimidation and endangering public safety under the Criminal Code. Furthermore, if the gun is determined to have a similar appearance, structure, material, and gunpowder-based firing mechanism to a real gun, it falls under the regulations of the Firearms, Ammunition and Knives Control Act, and may even violate the Act. If it is lethal, the penalty is imprisonment for up to three years and a fine of up to NT$3 million.

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