1st Not-Guilty verdict over firearms charge

Taiwan has strict arms control laws and only indigenous people can apply for the right to make and possess hunting guns. However, in recent years, the possession of hunting guns has often caused disputes. Earlier this year, Bunun man Xing San-yi was charged with misuse of firearms. After several months of trial, the court found him not guilty. This is the first time an indigenous person was found not guilty of firearms-related charges. The verdict sets a precedent for the indigenous people who use guns for hunting.

1st Not-Guilty verdict over firearms charge
In March this year, Bunun man Xing San-yi went hunting and accidentally discharged his hunting gun and hurt himself.. Several days later after he went back home from the hospital, Xing was prosecuted for violating the Statute For Controlling Firearms, Ammunition And Weapons. The prosecutor said the hunting gun he used was able to fire a 0.27mm caliber bullet and was suitable for constructional purpose, which had violated the regulations governing homemade firearms.

According to the Ministry of the Interior Affairs, a self-made hunting gun is (1) defined as one using black powder which is filled into the barrel from the muzzle and, (2) strike the primer to ignite the powder charge, which (3) discharges the metal balls, while Xing San-yi’s Hunting Rifle was found modeled after the nail gun used for construction and is capable of shooting a 0.27mm bullet, The prosecution the Xing’s gun does not fall under the homemade rifle category and it’s illegal.

However, the judge handling the case ruled that if the law allows indigenous people to make homemade firearms as tools for hunting, then Xing is not guilty. The ruling sets a precedent for indigenous people in firearms-related lawsuits.

“We are simply going hunting, to make a living. We are not doing anything against the law. It's a good thing that the judge found me not guilty. Otherwise, I don’t know how I can face my family.” said Xing San-yi, the Bunun hunter from the Tambazoan Community, Nantou.

Xing has not been able to work because he is still not able to walk steadily due to the wound. He also had to spend a lot of time in court during the trial. The family burden has fallen on his unemployed wife.

“The burden has fallen on me in the past few months.” Xing’s wife said. “We indigenous people rely on the mountain for our livelihood. Hunting used to be a normal part of our life. So I don’t think we have broken any laws.”

Indigenous people have often unintentionally infringed the laws governing firearms use, hunting territories or the way to hunt. Now that Xing has been handed a not-guilty verdict, which is the first time an indigenous person was found not guilty of firearms-related charges. For the indigenous people who keep the tradition of hunting, this ruling is significant and also serves as an important reference to related charges.