Article 46(Administrative disposition on persons holding permission to possess guns) #
(1) Where a person holding permission to possess (referring to a person specified as a person entitled to possession in cases under Article 12(2) and to a person in charge of management in cases under paragraph (3) of the same Article) guns, gas sprayers, explosives, electroshock weapons, or crossbows, or an explosives user falls under any of the following, a permitting agency shall revoke the permission. In such cases, where a representative of a corporation has obtained permission for possession under Article 12(2), the permission for part of the numbers of permitted industrial guns, gas guns, anesthetizing guns, guns for the disruption of explosive objects, gas sprayers, or electroshock weapons shall be revoked, as prescribed by Presidential Decree: <Amended on Sep. 18, 2018>
1. Where he or she becomes disqualified under Article 13(1);
2. Where he or she violates Article 17(1), (2) or (4) (including a person deemed to have obtained permission for possession pursuant to the latter part of Article 12(3));
3. Where 30 days have passed since he or she made a report to a police agency that his or her guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows had been stolen or lost;
4. Where he or she violates this Act or an order under this Act.
(2) Where a permitting agency revokes permission pursuant to paragraph (1), it shall order the possessor to submit guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows (excluding cases where such are confiscated or delivered to the to the National Treasury according to a court judgment or prosecutor's decision) within 15 days and temporarily keep them in custody in the relevant permitting agency.
(3) A person whose guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows are temporarily kept in custody by a permitting agency pursuant to paragraph (2), or who submits them to a permitting agency due to unlawful possession or use, or other reasons shall, within six months, take steps to relinquish ownership, such as that he or she transfers or donates them to a third party who is lawfully entitled to possess and use them, discard them, etc.
(4) A person who has taken over or been donated guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows pursuant to paragraph (3), and has obtained permission for the possession thereof may request a permitting agency to release them, as prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>
(5) Where a person who has an obligation to take steps of relinquishing ownership of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows within six months pursuant to paragraph (3) fails to fulfill the obligation, or his or her whereabouts is unclear, a permitting agency may urge him or her to take such steps or publicly announce the handling of such guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows for a period prescribed by Decree of the Ministry of the Interior and Safety. <Amended on Jul. 26, 2017>
(6) Where continuous storage is difficult, such as that no request for release of guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows is made even after six months pass since the date the period specified in the reminder or public announcement of taking steps or handling them pursuant to paragraph (5) expires, they are likely to decompose or go bad after the elapse of the handling period, storage costs an excessive amount, etc., they may be put on sale; provided, where sale is impossible, or no one desires to purchase them, they may be discarded and disposed of.
(7) Where a permitting agency sells guns, swords, explosives, gas sprayers, electroshock weapons, or crossbows pursuant to paragraph (6), it shall return an amount obtained by deducting expenses needed for storage and sale from the proceeds from sale to the rightful person; provided, where the rightful person fails to make a request for return even after six months pass from the expiration of handling period, they shall be delivered to the National Treasury, as prescribed by Presidential Decree.
[This Article Wholly Amended on Jan. 6, 2015]