Appeal Against Hunter

In March this year, Bunun man Xing San-yi went hunting and accidentally discharged his hunting gun and hurt himself. Several days later when he returned home from the hospital, Xing was indicted for violating the Statute For Controlling Firearms, Ammunition And Weapons.

The prosecutor said the Bunun man had violated the regulations governing homemade firearms because he used a 0.27mm bullet that was for construction use. Although Xing was later found not guilty by the Nantou District Court, prosecutors have appealed the acquittal. The case is now being reviewed by Taiwan High Court.

In November 2001, Article 20 of the Statute For Controlling Firearms, Ammunition And Weapons was amended. It is stated in the amendment that indigenous people who possess homemade hunting guns without registering with authorities, can be fined administrative penalties for up to NTD 20,000, but it also stated that legal punishment is not suitable for such cases.

“We made amendments to parts of the Statute For Controlling Firearms, Ammunition And Weapons. The reason is because many indigenous people who carry guns for hunting are arrested and locked up for possessing firearms. When we passed the amendments we wanted to decriminalize the possession of firearms for the indigenous people.” Walis Pelin from the Sediq tribe, who is also the former Minister of Council of Indigenous people, and a one-term legislator said.

If it is no longer a crime for indigenous people to carry hunting guns and they face only fines for failing to register the firearms, then why is it that many indigenous people are still prosecuted for firearms related charges? According to the lawyer, that's because there are no clear regulations on bullet possession. This loophole allows the court and prosecutors to have different interpretations.

“Local courts are split on the interpretation of bullet possession. Some follows the principle of legality, and say because bullet possession doesn't fall under the amendment so it should be punishable by law,” Yang Zhi-hang, Atayal lawyer said. “Others say since you are not penalized for hunting gun possession, bullet possession should not carry a penalty.

Although indigenous people are allowed to own hunting guns under the firearm regulations amendment, many are still being prosecuted due to a lack of rules on bullet possession. The laws should be amended to protect indigenous hunting culture. The amendment should ensure that indigenous people don't fall prey to the different interpretations of bullet possession by different courts and prosecutors.