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Thursday, November 26, 2009

If looks could kill

Realistic replicas of small arms and other 'non-lethal' weapons are a cause for concern, say police, and sometimes even a cause of death

  • To the amazement of foreign visitors, as well as many Thais, a number of vendors at various tourist areas in Bangkok and holiday resorts openly sell and display a variety of so-called non-lethal weapons. These include authentic-looking replicas of hand guns as well as electric stun guns, metal knuckle dusters, some with sharp points, and extendable steel batons with a brass knob on the end.

    Assorted knuckle dusters, Electric stun gun and Expandable steel baton.

    If you venture into an area in Bangkok's Chinatown known as Saphan Lek you can find several shops selling replicas of not only hand guns, but also shotguns, assault rifles and even grenade launchers. Most of these fire only plastic pellets, but the replicas have a similar weight, feel and overall appearance as the originals they are copied from, and unless you are a weapons expert you might not know they are fakes even if you held them in your hands and examined them, much less if they were pointed at your head.

    Police say the selling of realistic imitation firearms which took off in Thailand about five years ago has contributed to a number of crimes, some ending in death. Here are some examples:

    In March 2007, a masked gunman entered a gold shop in Chiang Mai with a fake hand gun. He threatened the shop owner, who drew his real gun. The robber managed to snatch it from him and shot both the man and his wife. A passing policeman then shot and killed the robber. The shop owner survived, but his wife died on the way to hospital.

    AK-47 replica.

    A Laotian migrant using a fake gun and wearing a Santa Claus hat robbed the Bank of Ayuthaya Bang Yai branch in January 2008. He escaped with 672,000 baht but was later shot dead by pursuing police after he pointed the gun at them.

    A thief brandishing a fake gun held up a shop in Ramkhamhaeng Soi 108 in Bangkok last May. The cashier, fought him off with a long knife. The robber managed to take about 1,000 baht from the donation box before escaping.

    In other cases police have likely prevented crimes by seizing fake guns beforehand. In Pattaya, for example, during a spot check of motorcyclists in February, police took one from a passenger who attempted to run away. Also in Pattaya , in September police confiscated a gun from a motorcyclist behind a Big C Super Centre.

    A local Pattaya police officer said that such seizures are quite common but the public doesn't know about them because they are not newsworthy.

    Shotgun replica.

    "The availability of fake guns and other non-lethal weapons, some which can be easily bought in Pattaya, is growing and causing concern to us. Not only Thais but foreigners are using these weapons to commit crimes," the officer said. He also said that the penalties for selling and carrying these weapons should be increased.

    BRISK BUSINESS

    The owner of one shop in Saphan Lek who gave his name as Mr Luck was doing a brisk business every time Spectrum came by for a visit. His two employees had their hands full.

    Pepper spray.

    "We are not only selling the guns here, we distribute them to hawkers in Bangkok and beyond. We are also doing repairs and selling accessories such as silencers, telescopic sights and bullet-proof vests," said Mr Luck.

    "Most of the weapons in my shop are made in China and smuggled through Burma," he claimed. "They are of good quality but guns produced in Taiwan are better, more realistic and also more expensive.

    "Weapons made in Japan," he said, pointing at a black machine-gun hanging on the wall, "are not such good quality but are very cheap. Guns made in Taiwan and Japan are smuggled to Thailand by sea.''

    Mr Luck said his customers are mostly Thais, with a few foreigners who are usually brought in by the street vendors (in fact that's how Spectrum was able to find this and similar shops).

    ''Some vendors are afraid of displaying hand guns or rifles on the street because the police might confiscate them, or they may not have the money to buy from me. I accept only cash, no credit,'' said Mr Luck.

    Mr Luck said that anyone with money can buy as many non-lethal weapons as they desire. There is no age limit for the buyer and no licence is required. There are no restrictions whatsoever. He said that the buyer can carry the weapon on his/her person provided it is not visible.

    MACHINE-GUN: A custom made replica.

    hen asked whether any of the weapons can be modified to fire something other than plastic pellets, Mr Luck said yes, but didn't offer this service.

    He said the most popular hand guns are copies of brand names such as Colt, Walter, Beretta and Glock. As for rifles, customers prefer the M4 carbine, AK-47 (different models) and M16.

    He added that the genuine M4 carbine is used by Thai village volunteers, the AK-47 is in service with the Thai Rangers and the M16 is used by the Royal Thai Army infantry.

    ''This assault weapon [M16] is the most popular weapon with my customers. We are sold out except for one piece, which is an expensive one. A new shipment will arrive some time in December," Mr Luck said.

    There wasn't much stock on view inside the shop, and he claimed that everything he has is on display.

    ''We are out of stock,'' Mr Luck trumpeted to every buyer wanting to purchase a ''new'' gun _ one not on display. However, after one customer bought a Glock 17 and left, Mr Luck disappeared and returned 10 minutes later with an identical gun still packed in the box.

    He admitted during our third visit that all the weapons and other items made abroad are smuggled into the country and he therefore had to be careful because the Customs Department could seize them as no tax had been paid. That's why he is so careful and keeps only a few pieces inside the shop.

    FORMIDABLE FAKE: Saphan Lek traders call this scary-looking imitation grenade launcher ‘the Dragon’.

    In Mae Sot district of Tak province, Spectrum found a market only a few metres from the Burma borderline that was well stocked with replicas of guns packed in boxes with Chinese characters written on them. These guns are much cheaper than identical ones in Bangkok.

    ''Don't worry. You are safe. No police will come here,'' Mr Luck said confidently, adding that he had gotten permission to sell pellet guns from a high-ranking policeman assigned to the area.

    The prices for the pellet hand guns in his shop range from 2,500 to 10,000 baht. Assault rifles bring 4,000 to 25,000 baht,depending on accessories. One expensive rifle equipped with a rocket launcher, telescopic sight and silencer was displayed on the wall. Few could identify it as a fake.

    MEAN STREETS

    Vendors selling a variety of items termed as non-lethal weapons also do a good business on Bangkok streets, selling mainly electric stun guns (which are not in the shape of a gun), knuckle dusters, extendable batons, pepper sprays and other wares. Most of the sellers tell potential buyers they are for protection.

    One doctor who examined some of the weapons disagreed with the terminology attached to them: ''Weapons categorised as 'non-lethal', such as an electric stun gun designed to incapacitate a person for a short period of time, can actually cause death to a person with a heart condition.''

    A wide variety of fake weapons on sale at a shop in Saphan Lek.

    He was horrified by one type of knuckle duster with four long sharp spikes, sold throughout Bangkok for about 250 baht. ''This weapon can kill or cause very serious injuries. This is an ultimate deadly weapon,'' the doctor said.

    He also noted that plastic pellets fired from the replica guns can cause injury, especially to an eye.

    The vendors must know how dangerous the items are, but don't care because business is good and relatively hassle-free.

    ''Fake guns, knuckle dusters and stun guns and different types of knives are selling well. I used to sell fake watches and was frequently arrested and sent to court. So that's why I changed my business. It is much safer,'' said a seller near Sukhumvit Soi 7.

    ''I sell a lot, mainly in the evening and at night. Most buyers are Arabs, Indians or Europeans.

    ''Sometimes the police will come and confiscate the goods and arrest us if they can,'' the seller said, smiling. Observation showed that most of the sellers stay away from their stalls and only approach them when a customer stops and look at the goods. Some people linger because they are surprised at what is on display. This gives the seller an opportunity to make his sales pitch.

    ''Foreign tourists want to bring these goods back to their countries because it is very difficult to buy stun guns or knuckle dusters most places. I also sell a lot to foreigners who live here. I will sell to anyone,'' he added.

    A man who identified himself as Greg from Melbourne, Australia, who stopped with his wife at one stand on Silom Road near Patpong, said: ''We are really fascinated to see so many knuckle dusters and stun guns sold on the street like this.

    ''This is crazy,'' he told Spectrum. ''How are these things allowed to be sold on the street to anyone who wants them?

    ''It is unthinkable _ in Australia you would be arrested immediately. But maybe it is legal to sell in Thailand because the Tourist Police have been walking past without arresting them.''

    Jacques, a French tourist from Lyon, was looking at various items displayed at a stand on Sukhumvit Road including fake hand guns. He was also puzzled, not only that they were available _ he wondered who would buy them and for what purpose.

    He said that in France this kind of enterprise would be unthinkable out in the open, but added: ''We have very strict laws for this sort of thing, but if you really want to buy something like that then you can find it in France also.

    ''If someone attacks you with a fist or kicks you on the street _ and I don't mean in Thailand because it is a very safe place compared to Lyon _ and you retaliate using a knuckle duster with spikes then you will be the one going to jail, because the assailant will be seriously injured. It is not for defence, it is an attack weapon.''

    Foreigners from The Netherlands, Germany and Italy told Spectrum that Thailand is the only place they'd ever been where such weapons are sold openly on the street without restriction.

    ALMOST LEGAL

    Two Thai law enforcement officers who agreed to talk to Spectrum admitted that there's an obvious lack of law enforcement when it comes to the sellers of non-lethal weapons. Both struggled to clarify what laws apply to the possession of such items as knuckle dusters and stun guns, then agreed that the only place they are covered is Section 371 of the Penal Code under the subhead listing petty offences, which stipulates:

    ''Whoever carries arms in a town, village or public way openly or without a reasonable cause, or carries arms in a gathering assembled for worship, entertainment or any other purpose, shall be punished with fine not exceeding one hundred baht, and the Court shall have the power to forfeit such arms.''

    One officer said: ''When this law came into effect on January 1, 1957, maybe 100 baht was a lot of money, but not now. It will not deter the criminals. This is for sure. The second point is _ does this law actually cover a stun gun, a device that didn't exist when the law was drafted? Lastly, is it worth the effort and paperwork involved with a case like that if the penalty is so low?''

    According to Australian regulations, pellet or BB guns are classified as ''Category A'' firearms under the law, placing them in the same class as break-action shotguns and rimfire rifles, for which a licence is required for ownership.

    Anyone found possessing an unlicensed ''airsoft pistol'' faces the same charge as a person who unlawfully possesses a firearm. The penalties for violators are much higher than in Thailand. For example, the penalty for posession and use of non-lethal weapons such as knuckle dusters, steel baton or stun guns is a hefty fine, imprisonment, or both.

    Said one European police liaison officer: ''Many countries impose a minimum age for anyone wanting to obtain a permit to own a BB or replica gun. The laws are more defined and penalties for selling of realistic imitation firearms and non-lethal weapons are more severe in many European countries, for example, if compared to Thailand.''

    When one Thai vendor was asked whether it is safe to carry the knuckle duster around he replied swiftly: ''I can sell everything I want to. You can buy anything you want and carry it around. If the police catch you, then you will pay only a 100 baht fine and you can keep the item. Only the court can order it to be confiscated.

    ''But if you rob a bank with a fake gun,'' he said indifferently, ''you will be arrested and sent to jail, or killed.

    Laws are inadequate

    Police Lieutenant Colonel Sanya Niumpradit has been in the Royal Thai Police (RTP) for 19 years. In this time he's gained a lot of experience working at a local police station and has given lectures at the Police Academy. He was also aide to a former deputy commissioner-general of the RTP and is currently attached to the Central Investigation Bureau. Lt-Col Sanya answered questions concerning non-lethal weapons in an interview with Maxmilian Wechsler.

    What can be classified as a non-lethal weapon?

    Actually almost any object can be a weapon. You can use a knife for cooking or to stab a person. You can use a chair to sit on or hit a person. Even a simple pencil can be used to stab someone. Therefore it's not surprising that some items sold by street hawkers fall in that category. It depends on the circumstances and the person carrying such objects.

    Do realistic imitation firearms - hand guns and rifles - cause a problem?

    Currently, there are a number of cases in which offenders have used imitation hand guns to commit crimes, but not so much with rifles. However, the problem is here and it is increasing. It is not so serious now, but it could be in the future if, for example, more fake weapons are smuggled into the country, making them cheaper and therefore easily available and affordable to the criminals.

    Can you detail some crimes that have been committed with imitation firearms.

    There have been a number of such crimes committed during past years. For instance in May, Kanchanaburi police arrested three offenders using imitation guns to rob people in many areas. On June 16 a man who was using an imitation gun to rape women was arrested by the Suphan Buri police. He confessed that he had raped four women. And on June 30, there was an offender using an imitation gun to rob a mobile phone store in Chiang Mai. This is to name a few.

    In your opinion, are the laws on selling and carrying imitation firearms and so called non-lethal weapons tough enough?

    The law on selling imitation firearms and other non-lethal weapons is not adequate, especially the penalties. Obviously, the penalties are not severe enough to stop people from selling, carrying, and using all kinds of weapons, including lethal ones. In addition, there are problems and confusion about whether certain objects should be considered weapons. For instance, the steel baton. Furthermore, the problem is not only with the law. Enforcement of the law is very crucial in dealing with lethal weapons as well as non-lethal weapons and imitation ones.

    ''Most of the sellers stay away from their stalls and only approach them when a customer stops and look at the goods

    About the author

    columnist
    Writer: Maxmilian Wechsler
    Position: Freelance writer

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