Cost: There’s no cost involved. If you already own any of these items, simply leave them at home and don’t bring them outside or place them in your vehicle. In a real emergency, step back, call the police, and only fight back if you have no other choice.
In plain terms: Carrying knives, switchblades, batons, stun guns, or similar items in public can land you in jail for up to five days if caught. Bringing them into train stations, shopping malls, or buses may extend that penalty to five‑to‑ten days. Even using them can backfire: one man punched in the face by an unarmed attacker then stabbed him with a hidden knife; he was sentenced to four years for excessive self‑defence.
Benefit: Article 38 of the Public Security Administration Punishment Law states that illegal possession of regulated weapons such as crossbows or knives results in up to five days of detention plus a fine of up to 1,000 yuan; lesser cases receive a warning or a 500‑yuan fine. Carrying them into public spaces or public transport raises the detention period to five‑to‑ten days with the same possible fine. Criminal Law Article 130 imposes even harsher penalties: up to three years in prison for anyone who brings regulated knives into public areas and thereby endangers public safety. The Ministry of Public Security’s 2007 criteria define five categories of regulated knives: those with a handle, guard, and blood groove and a tip angle under 60°; triangular scraping knives; switchblades with a locking mechanism; knives whose tip angle is under 60° and blade length exceeds 150 mm; and knives with a tip angle over 60° and blade length over 220 mm. Non‑sharpened, rounded‑tip martial‑arts or craft knives are exempt. Batons are police equipment; the People’s Police Law reserves them solely for officers. Unauthorised possession leads to confiscation, up to 15 days of detention, a warning, and a fine up to five times the illegal earnings. Railway regulations likewise classify batons, tear‑gas devices, stun guns, and similar gear as prohibited items; they may not be carried on trains or shipped as luggage, and keeping them in a car can also trigger penalties. Courts evaluate self‑defence by considering whether a weapon was actually used or merely present; a 2026 case saw a man sentenced to four years for stabbing an attacker who had only punched him, because the knife was a lethal weapon and the attack went beyond reasonable defence.
Evidence grade: A
Sources: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;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
Notes: You are the sole beneficiary of this advice. Carrying a knife does not automatically void a claim of self‑defence; for example, in a national case study a student who pulled a pocket knife to fend off nine attackers was still deemed to have acted in self‑defence, as intent to fight was absent. Nevertheless, two risks remain: first, illegal possession alone can incur fines regardless of use; second, having a weapon at hand may tempt you to strike out when faced with a simple punch or shove, potentially crossing into excessive force. No nationwide ban on civilian ownership of pepper‑spray exists, though it is prohibited on trains. Likewise, there is no uniform legal definition of “baton” for civilian use. In any emergency, refer to Section 8, Article 10 (call the police first) and Section 8, Article 11 (only fight back when escape is impossible). If confronted in a remote area, consult Section 13, Article 36 for guidance on dealing with strangers demanding money. 〔45〕 〔45〕
Don’t buy batons, stun guns, knives, or pepper spray for self‑defence and carry them with you; even keeping them in your car counts as possession
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