Provisional Translation

OTO No. 604 Classification NPA-18
Date of Acceptance December 13, 1999 Ministry/Agency Receiving Complaint Economic Planning Agency
Responsible Ministries National Policy Agency Related Laws Firearms and Swords Control Law
Complainant Domestic individual Exporting Countries USA
Subject Clarification of standards whereby cordless nailers are classified as firearms under the Firearms and Swords Control Law and exemption from uniform classification under the said standards
Description of Complaint 1. To import and sell U.S.-made cordless nailers powered by gas explosion, the complainant took the said product to the nearest police station, in order to determine whether it came under the restrictions of the Firearms and Swords Control Law (hereafter, "the Law"). Subsequently, the Public Safety Commission with jurisdiction informed the complainant that "a cordless nailer is considered a firearm."
2. However, since there are other cordless nailer products which are not classified as firearms, the complainant believes that the above answer alone fails to clarify the standards for classifying this product as a firearm.
3. The authorities should provide information on specific inspection methods and clear evaluation standards for determining whether cordless nailer are classified as firearms or not, and should exempt products which do not need to be classified as firearms from uniform classification under the Law.
Details of Measures The agency replied as follows:
1. The intent of the Law regulating firearms is to prevent their use in crimes and to prevent situations which would put the life and person of citizens at risk and be detrimental to public safety. Based on past precedent, products are considered firearms if
(1) they are equipped with a mechanism for firing (making fly) metal projectiles (including nails)and
(2) exert enough force to harm men or animals.

2. Regarding the complainant's reference to some nailers which are not classified as firearms, these were examined to study the type of safety mechanism that must be released before nails can be fired (made to fly), and whether the product's structure can be modified to allow easy release of the safety mechanism. After examination, it was determined that such products are not firearms, for the following reasons:
(1) in order to fire a nail, the tip of the nailer must be pressed against the surface to be nailed with a certain amount of force and then retracted and maintained in that position.
(2) the tip is welded to and is a constituent part of the body of the nailer and since it is covered with a hard steel cover, it is impossible to retract and maintain it in that position unless it is pressed against the surface to be nailed.
(3) if the structure of (1) above is changed and that function removed, the nailer can no longer fire nails.

3. The criteria described above are the clear standards which are currently used to determine whether nailers should be classified as firearms or not, from the viewpoint of preventing harm.
Classification of Processing Cc Directions I-b
Remarks
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