Deals & Cases

Violation of the Act on the Safety Management of Guns, Swords, Explosives, etc.
Violation of the Act on the Safety Management of Guns, Swords, Explosives, etc.Suspended sentence

Act on the Safety Management of Guns, Swords, Explosives, Etc. | Charge of Unauthorized Storage of Firearms and Ammunition Under the Guns and Explosives Act Results in a Suspended Sentence

The Act on the Safety Management of Guns, Swords, Explosives, Etc. is a statute that strictly regulates the possession and transport of firearms, swords, and explosives, and a heavy sentence may be imposed merely for storing firearms.

1. Act on the Safety Management of Guns, Swords, Explosives, Etc. | Case Details

Act on the Safety Management of Guns, Swords, Explosives, Etc. | Case Details

The client, who was at risk of punishment on a charge of violating the Act on the Safety Management of Guns, Swords, Explosives, Etc., was a prop manager who had professionally managed and operated firearm props at domestic and international film and drama production sites.

The client stated that he had a career of being responsible for firearm-related staging in numerous productions. Due to the nature of the work, there was a practice of securing spare prop firearms and live and blank rounds in advance to prepare for changes in shooting schedules, the addition of unexpected scenes, and the prevention of safety accidents.

In this process, the client came to store dozens of firearms and tens of thousands of live and blank rounds without separate authorization.

The investigative authorities took issue with this and indicted the client on a charge of violating the Guns and Explosives Act, and the likelihood of an actual custodial sentence was very high.

Accordingly, the client requested the assistance of a criminal law specialist attorney at Daeryun Law Firm in order to reduce the risk of criminal punishment.

2. Act on the Safety Management of Guns, Swords, Explosives, Etc. | Assistance Provided by the Daeryun Criminal Law Specialist Attorney

The Daeryun criminal law specialist attorney established a strategy of analyzing the substantive danger, motive, and social context of the conduct in a multidimensional manner from the early stage of the case.

First, the attorney emphasized that the client's conduct was not personal possession or for a criminal purpose but was storage that unavoidably arose in the course of performing his profession in film and drama production.

The attorney proved, through specific production examples and industry practice materials, that the special nature of shooting sites and the structure of the cultural industry made the immediate availability of firearm props directly connected to safety.

Second, the attorney mounted a defense on the grounds that the firearms and ammunition at issue were all managed as props and had never actually been used, distributed, or diverted, and that the storage location was also a space where external access was thoroughly controlled.

The criminal law specialist attorney persuasively argued, in particular, that no substantive danger to the social community had existed.

Third, the attorney highlighted the absence of intent and antisocial character by comprehensively presenting an accident-free record in which not a single safety accident had occurred while the client handled firearm props for many years, records of compliance with safety manuals at shooting sites, and statements from relevant persons.

Fourth, the attorney argued for active consideration, as sentencing factors, of the fact that, after becoming aware of the case, the client familiarized himself with the relevant statutes, immediately reorganized the storage conditions, took measures to resolve the unlawful state, and consistently maintained a sincere attitude of remorse.

Case Result

The court accepted the arguments of the Daeryun criminal law specialist attorney and, taking the following matters into comprehensive consideration, imposed a suspended sentence rather than an actual custodial sentence.

  • The fact that, although the client's conduct formally constituted a violation of the law, the motive for the offense arose from the special nature of his profession
  • The fact that the social danger had not materialized
  • The contribution to the cultural industry and the absence of any accident history
  • The fact that the likelihood of reoffending was low and that the client was deeply remorseful


This result was made possible by Daeryun's strategic assistance in a case that could otherwise have led to a heavy sentence.

3. Act on the Safety Management of Guns, Swords, Explosives, Etc. | Concept and Main Contents

The Act on the Safety Management of Guns, Swords, Explosives, Etc. is a statute through which the state strictly controls the manufacture, import, sale, possession, storage, and transport of high-risk items such as firearms, swords, explosives, gas guns, and electric shock devices.

This act in principle prohibits unauthorized possession and storage in itself, and an unauthorized state alone becomes subject to punishment regardless of whether the item is actually used or whether a crime occurs.

In particular, for firearms and ammunition, the act regulates in detail even the responsible manager, storage location, quantity, and history management, so persons engaged in related industries must exercise particular caution.

Penalty Levels for Violations of the Guns and Explosives Act

Type of Violation of the Guns and Explosives Act

Statutory Penalty Level Under the Guns and Explosives Act

Manufacturing, selling, possessing, or storing a pistol, rifle, machine gun, cannon, hunting gun, or air gun without authorization

Imprisonment for not less than 3 years and not more than 15 years

or a fine of not less than 30 million won and not more than 100 million won

Manufacturing, selling, possessing, or storing a gun, sword, explosive, gas gun, electric shock device, or crossbow without authorization

Imprisonment for not more than 10 years

or a fine of not more than 50 million won

Violation of authorization, reporting, storage, or transport obligations related to guns, swords, gas guns, electric shock devices, or crossbows

Imprisonment for not more than 5 years

or a fine of not more than 10 million won

Violation of authorization or reporting obligations, or of safety management, inspection, access, or data submission requirements

Imprisonment for not more than 3 years

or a fine of not more than 7 million won

Omission of reporting, false reporting, violation of disposal procedures, and the like

Imprisonment for not more than 2 years

or a fine of not more than 5 million won

The specific penalty level may be aggravated depending on the quantity, type, storage condition, motive for the offense, and other factors.

4. Act on the Safety Management of Guns, Swords, Explosives, Etc. | How to Respond in Case of a Violation

Act on the Safety Management of Guns, Swords, Explosives, Etc. | How to Respond in Case of a Violation


If you have violated the Act on the Safety Management of Guns, Swords, Explosives, Etc., you should respond as follows.

  • Legally organize the circumstances, purpose, and use history of the storage before making any statement at the early stage of the investigation
  • Secure evidence of whether there was an occupational or work-related necessity rather than personal possession
  • Explain, with objective materials, whether there was actual use or distribution and the absence of danger
  • Present voluntary corrective measures, an attitude of remorse, and a recurrence prevention plan at an early stage
  • Review the possibility of additional administrative sanctions as well, not only criminal punishment

Daeryun Law Firm One-Stop Response Assistance

Centered on its criminal law specialist attorneys, Daeryun Law Firm provides a one-stop legal response service for violations of the Act on the Safety Management of Guns, Swords, Explosives, Etc. through the following strategies.

  • Establishing a consistent strategy from the investigation stage through the trial stage
  • Tailored defense that takes occupational characteristics into account
  • Evidence examination and organization of the facts
  • Systematic compilation of sentencing materials


Please keep in mind that a violation of the Act on the Safety Management of Guns, Swords, Explosives, Etc. carries a high likelihood of an actual custodial sentence, and if you need assistance in a related case, please make a 🔗legal consultation reservation.

총포도검화약류등의안전관리에관한법률 | 무허가 총기·탄약 보관 혐의 ‘집행유예’

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

Violation of the Act on the Safety Management of Guns, Swords, Explosives, etc.: Want a faster, more detailed consultation?

Consult a
specialized attorney

Related Information

Explore legal information related to this case.

Explore more legal information

Daeryun's Key Strengths

Daeryun's key strengths background
Litigation strategy using
Daeryun's own AI & IT technology

Litigation strategy using Daeryun's own AI & IT technology

More than 240
key members

More than 240 key members

*experience_cnt*+ cases handled
per month

1,200+ cases handled per month

* 2025년 월평균 기준
Complies with Korean Bar Association Advertising Regulations Article 4 (1)

Explore
more strengths
Explore more strengths arrow

Book a legal
consultation with an attorney

All consultations are reviewed by a specialized attorney first,
so they are conducted by appointment only.

Phone consultation

1800-7905

Available 24 hours a day, 365 days a year

Phone consultation
Online consultation

Online consultation

We provide tailored
legal services for our clients.

Chat consultation

Chat consultation

KakaoTalk channel
Daeryun Law LLC Attorneys

Previous

Lawsuit for Return of Unjust Enrichment | Assisting a Corporate Representative Client and Obtaining a Grant of a 130 Million Won Claim for Return of Unjust Enrichment

Next

Unpaid Receivables Lawyer | Full Grant of the Claim in a Settlement Amount Lawsuit With the Assistance of an Unpaid Receivables Lawyer

View list
Quick Menu

Chat