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Do not carry batons, stun guns, daggers, or pepper spray for self-defense; keeping them in your vehicle also constitutes unlawful possession

Original: eternity4719 · source details

Original author: eternity4719 · Chinese source: · English adaptation: parveen0029. Translation and grade notes ↗

Bibliographic titles are retained in their original language.

Source author's views and grades; not individually verified by this site.

Cost and benefit at a glance
Check the cost Cost ↓
Zero financial cost. Leave prohibited defense implements at home; never carry them on your person or store them in vehicle glove compartments or trunks. When fa…
Then the source benefit Benefit ↓
Under Article 38 of the Law on Administrative Penalties for Public Security (amended 2025, effective January 1, 2026), unlawfully carrying controlled instruments such as crossbows …

In plain terms

Carrying daggers, spring-assisted switchblades, police batons, or electric stun guns in public carries statutory penalties of up to 5 days of administrative detention. Carrying them into public transportation hubs, railway stations, buses, or shopping malls carries 5 to 10 days of administrative detention. Furthermore, keeping concealed weapons easily escalates minor altercations into severe crimes: in a documented case, an individual who was punched with bare hands retaliated with a concealed dagger, killing the aggressor, and was sentenced to 4 years in prison for excessive self-defense.

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Cost: what it takes

Zero financial cost. Leave prohibited defense implements at home; never carry them on your person or store them in vehicle glove compartments or trunks. When facing hostility, prioritize creating physical distance and calling emergency police, reserving physical force strictly for unavoidable defense.

Benefit: what the source reports

Under Article 38 of the Law on Administrative Penalties for Public Security (amended 2025, effective January 1, 2026), unlawfully carrying controlled instruments such as crossbows and daggers is punished with administrative detention of up to 5 days and fines up to 1,000 RMB (or up to 500 RMB for minor infractions); carrying controlled instruments into public venues or public transit vehicles is punished with 5 to 10 days of detention and fines up to 1,000 RMB. Under Criminal Law Article 130, carrying controlled knives into public places or transit vehicles endangering public safety constitutes a criminal offense carrying up to 3 years' imprisonment. Ministry of Public Security Identification Standards for Controlled Knives categorize five prohibited classes: 1) Daggers (knives with handle, crossguard, and blood groove, with blade angle <60 degrees); 2) Three-edged scraping tools; 3) Spring switchblades (folding knives with self-locking mechanisms); 4) Single-edged/double-edged knives with blade angle <60 degrees and blade length >150 mm; 5) Knives with blade angle >60 degrees and blade length >220 mm. Under the People's Police Law, police batons are classified as specialized police gear restricted exclusively to law enforcement; unauthorized possession results in confiscation, administrative detention of up to 15 days, and fines. Carrying prohibited instruments inside private automobiles passing highway checkpoints is treated as unlawful public carrying. In self-defense jurisprudence (SPC/SPP Guiding Opinions on Justifiable Defense), whether a defendant prepared or carried a weapon is a key criterion distinguishing legitimate defense from mutual fighting. In an official case, a defendant (Yang) concealed two knives on his person following a verbal quarrel. When the counterparty returned and struck him once in the face with a bare fist, Yang stabbed him in the chest and abdomen, killing him. The court ruled that stabbing vital organs against an unarmed fist constituted excessive self-defense, convicting Yang of intentional injury and sentencing him to 4 years' imprisonment.

Conditions, limits and disagreements

Primary beneficiary is yourself. Carrying an everyday tool does not automatically forfeit self-defense rights: in SPP Guiding Case No. 45, a student (Chen) was assaulted by 9 attackers and defended himself using a pocket fruit knife, which prosecutors affirmed as lawful justifiable defense because he lacked mutual fighting intent. The hazard of carrying defense weapons is twofold: first, the implement itself is statutorily contraband, triggering administrative detention if detected during routine transit security checks or traffic stops regardless of use; second, having a blade immediately accessible during minor physical scuffles makes fatal retaliatory stabbing impulsive, converting defensible encounters into criminal liability. De-escalating conflicts by contacting police is covered in Chapter 8, Rule 10; legal limits of necessary defense against violent assault are detailed in Chapter 8, Rule 11. Handling robbery encounters in remote areas is covered in Chapter 13, Rule 36. Benefit magnitude is categorized as High based on avoiding administrative detention and severe criminal charges. Primary beneficiary is yourself.

Original references

Original bibliographic titles and links are preserved; some titles are in Chinese.

全国人大常委会 (2025). 治安管理处罚法(2025 年修订,第三十八条). https://www.spp.gov.cn/spp/fl/202506/t20250627_699863.shtml;全国人大 (1997). 刑法(第二十、一百三十条,这两条未经修正案修改). https://www.spp.gov.cn/spp/fl/201802/t20180206_364975.shtml;公安部 (2007). 关于印发《管制刀具认定标准》的通知(公通字〔2007〕2 号). https://www.gd.gov.cn/zwgk/wjk/zcfgk/content/post_2937075.html(广东省人民政府转载);全国人大常委会 (2012 修正). 人民警察法(第三十六条). https://jtgl.beijing.gov.cn/jgj/jgxx/flfg/fl/203770/index.html(北京市公安交通管理局转载);国务院 (1996). 人民警察使用警械和武器条例(第三条). http://jyglj.guizhou.gov.cn/szs/zwgk/xxgkml/zcwj/201808/t20180807_25452524.html(贵州省监狱管理局转载);国家铁路局、公安部 (2022). 关于公布《铁路旅客禁止、限制携带和托运物品目录》的公告(2022 年第 1 号). https://www.gov.cn/zhengce/zhengceku/2022-05/31/content_5693212.htm;交通运输部、公安部 (2021). 关于公布《道路客运车辆禁止、限制携带和托运物品目录》的公告(交运规〔2021〕2 号). https://xxgk.mot.gov.cn/2020/xzgfxwj/202212/t20221207_3720480.html;上海市人民检察院 (2013). 非法买卖电击器 四男子获徒刑. https://www.sh.jcy.gov.cn/xwdt/yasf/4372.jhtml;晋江市人民政府 (2022). 警方提醒!携带这些物品,可能会被拘留!. https://www.jinjiang.gov.cn/ztzl/jjgazl/jfts/202209/t20220913_2775463.htm;最高人民法院、最高人民检察院、公安部 (2020). 关于依法适用正当防卫制度的指导意见(法发〔2020〕31 号,第 9 条). https://www.court.gov.cn/zixun/xiangqing/251611.html;最高人民法院 (2020). 涉正当防卫典型案例(案例四). https://www.court.gov.cn/zixun/xiangqing/251621.html;最高人民检察院 (2018). 第十二批指导性案例(检例第 45 号陈某正当防卫案). https://www.spp.gov.cn/spp/jczdal/201812/t20181219_402920.shtml

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