Legal explanation of our policy to prohibit orders of weapon or weapon similarities

Last modified: August 29, 2023
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As a manufacturing company with facilities in China and exporting products worldwide, FacFox is required to comply with both the Chinese laws and the laws of the regions where its clients are located, especially regarding the firearms control.

US Laws

Section 4 of the Federal Energy Management Improvement Act of 1988 made it unlawful for any person to manufacture, enter into commerce, ship, transport, or receive any toy, look-alike, or imitation firearm unless the firearm contains, or has affixed to it, a marking approved by the Secretary of Commerce. 15 U.S.C. 5001. In 1989, the Department of Commerce promulgated regulations implementing this law at 15 CFR part 1150. 54 FR 19356 (May 5, 1989). In 2013, the Department of Commerce moved those regulations to 15 CFR part 272. 78 FR 4764 (January 23, 2013).

A license is not required to make a firearm solely for personal use. However, a license is required to manufacture firearms for sale or distribution.

[18 U.S.C. 922(o), (p) and (r); 26 U.S.C. 5822; 27 CFR 478.39, 479.62 and 479.105]

Chinese laws

Chapter I, Article 3 of the Law of the People’s Republic of China on Control of Guns says:

The State establishes strict control over guns. All units and individuals are prohibited to possess, manufacture (alter and assemble included), trade in, transport, lease or loan guns in violation of the provisions of laws.

Chapter III, Article 13 of the Law of the People’s Republic of China on Control of Guns says:

The State applies a special permit system governing the manufacture and rationed sale of guns. Without permission, no unit or individual may manufacture or trade in guns.

Chapter III, Article 22 of the Law of the People’s Republic of China on Control of Guns made it unlawful to manufacture and sell imitation guns

Chapter VII, Article 44 of the Law of the People’s Republic of China on Control of Guns:

If an individual or unit that, in violation of the provisions of this Law, commits any of the following acts, the public security organ shall serve a disciplinary warning on the individual or the persons who are directly in charge of the unit and other persons who are directly responsible for the violation or detain the individual or persons for not more than 15 days; if the violation constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(1) to manufacture guns for civilian use at variance with the prescribed technical standards;

(2) to carry guns in areas or places where it is forbidden to carry guns;

(3) to fail to hand over guns that are reported as useless;

(4) to fail to report immediately after guns are stolen, robbed or lost; or

(5) to manufacture or sell imitation guns.

If a person commits one of the acts mentioned in sub-paragraphs (1), (2), and (3), his guns shall be confiscated and he may also be fined not more than 5,000 yuan. If a person commits the act mentioned in sub-paragraph (5), the public security organ and the administrative department for industry and commerce shall, within the scope of their respective functions, confiscate the imitation guns and may also impose a fine of not more than five times the amount of money spent on their manufacture or earned from their sale; if the case is serious, the administrative department for industry and commerce shall revoke the person’s business license.

Specific criteria, translated from the Simulation gun identification standard of People’s Republic of China, defines weapon similarities as:

Criterions for imitation guns

Any of the following criterions can be identified as imitation guns:

  1. In accordance with the provisions of the Law of the People’s Republic of China on Control of Guns, the muzzle kinetic energy of the metal bullets or other substances fired is less than 1.8 joules/square centimeter (excluding this number) and greater than 0.16 joules/square centimeter (excluding this number);
  2. It has the appearance characteristics of firearms, and has one of the mechanisms such as barrel, gun mechanism, receiver or firing that are similar to the material and function of standard firearms;
  3. The shape and color are the same or similar to standard firearms, and the length dimension of the shape is between half and one times of the full length dimension of the corresponding standard firearms.

Calculation of muzzle kinetic energy

The calculation of muzzle kinetic energy shall be carried out in accordance with the calculation method stipulated in the Forensic Science Identification Criteria for Firearm Injury Force.

Term explanation

  1. Standard firearms: domestically manufactured standard firearms refer to various types of firearms that have completed type testing and have been approved by the army or relevant state authorities for equipment and use (including foreign trade export). Foreign-made standard firearms refer to various types of firearms that have completed type testing and are equipped, used or sold in the market by manufacturers.
  2. Full length: refers to the length from the muzzle to the bottom of the butt or frame (applicable to firearms without butt).
Therefore, We would like to inform you that our website strictly prohibits the upload of any 3D model that is component of any kind of weapons or weapon similarities, including but not limited to firearms (long guns, including rifles and shotguns, and handguns, including revolvers and pistols), combat and tactical knives, imitation firearms such as paintball guns, gel guns, NERF guns, air guns (BB guns). This policy is in accordance with the relevant laws and regulations on firearm control and public safety.

If you upload any 3D model that violates this policy, we will take the following measures:

  1. If the 3D models are detected before order confirmation: We will close and refund the order and send a warning note to you about the violation of our policy. And if you repeatedly violate the rules by uploading weapon components in various forms (for example, to alter the shape of the 3D model or conceal it in other models), we will permanently suspend your account and block you from registering new accounts.
  2. If the order has not been detected during the order confirmation, but was later detected during the security check in dispatching: We will close the order and destroy the items involved, the payment of the related items WILL NOT BE REFUNDED, furthermore, if there’s any fine incurred by the courier, we preserve the rights file a claim for compensation for violating our rules.

We hope you understand and respect our policy and cooperate with us to ensure a safe and legal 3D printing service. Thank you for your attention and support.

 

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