A CRITICAL ANALYSIS OF THE ARMS ACT, 1959

ABSTRACT

The government imposes laws and regulations in order to keep the peace in the nation. The state is defended against all foreign and internal dangers by the defence and security agencies. These organisations are armed with firearms and have the authority to uphold the state’s peace and security by using both appropriate and occasionally excessive force, depending on the circumstances. Only the armed forces and law enforcement authorities of India are permitted to use firearms and ammunition. The rules governing civilians’ possession and use of firearms, however, are extremely stringent and tightly controlled. The Arms Act, 1959 is the main piece of gun control law in the nation. It forbids the import, export, transportation, manufacturing, selling, and ownership of weapons and ammunition without a licence. In this article we will briefly see about the Arms Act, 1959.

KEYWORDS

Arms Act, Objectivise, Firearms, Licence, Powers, Registration, Offences and Penalties, 2016 Rule, 2019 Amendment, Other Countries.

INTRODUCTION

The State protects its population by means of its military forces, which include the army, and its law enforcement agencies, which include the police. The state authorises these defence forces and agencies to use lethal force and weaponry when necessary to protect the state and further its interests. In general, citizens are not permitted to possess or use firearms because the State is in charge of maintaining law and order and ensuring national security. Both The Arms Act of 1959 and The Arms Rules of 1962 prohibit the import, export, transportation, manufacturing, sale, and ownership of firearms and ammunition without a licence is in place.[1] The State is responsible for upholding law and order, preventing criminal activity, and shielding its people from both foreign and internal assault. The State uses its armed forces, like the army, and law enforcement organisations, like the police, to defend its population. The state has given these defence troops and agencies permission to use lethal force and weapons as needed to defend the state and further its objectives. In the course of their numerous missions, they employ such force and utilise weapons to stay one step ahead of the opponent tactically, offensively, and strategically.

Guns, firearms, armaments, ammunition and other defence hardware are all considered weapons. These are the tools and things that are used to cause injury, pain, and damage. These tools or weapons are mostly employed in defence, law enforcement and hunting scenarios, as well as in situations involving conflict, warfare, and criminal activity. Gun laws have been strictly enforced in India. The primary goals of laws limiting or outlawing the possession of guns by citizens are to deter and lessen violent crimes, shootings, homicides, suicides, and above all the spread of armed insurrection, insurgency, and terrorist operations within the state. The Arms Act, 1959, as well as The Arms Rules, 1962, are laws and regulations pertaining to the control of firearms and ammunition. These laws and regulations forbid the sale, production, possession, acquisition, import, export, and transportation of firearms and ammunition unless a licence is obtained. The Indian Arms Act, 1878, which was passed during British rule in the wake of the Sepoy Mutiny in 1857, was the precursor to the current Arms Act of 1959.[2]

THE ARMS ACT, 1959

Guns, weapons, and ammunition are tools used for both security and criminal activity, they are significant and essential components of India’s penal laws. The general public is often sceptical of the unfettered ownership and use of firearms, and for good reason. Guns and other weapons must therefore be handled safely and responsibly, and they must be used sparingly. Strict and efficient security laws and control mechanisms are needed to govern the laws pertaining to weapons and firearms. The Arms Act, 1959 governs the laws in India pertaining to the ownership and management of weapons, ammunition, and firearms. A law pertaining to weapons and ammunition was consolidated and amended in 1959 with the passage of the Arms Act. The main gun control law in India was passed in 1959 under the Arms Act, in an effort to reduce the use of illegal firearms and the bloodshed they cause. The Arms Act of 1878 served as the model for the Act’s fundamental provisions. Twelve years after Indian independence, the Act of 1878 remained in effect. On November 27, 1953, the Indian government introduced the Indian Arms (Amendment) Bill 1953 in the Lok Sabha with the goal of amending the country’s gun control regulations. In addition to being circulated to gather public input, the Bill was discussed in both chambers of parliament. In order to address the suggestions and comments, the Bill was revised and presented to the Parliament once more in 1958. The Bill was approved by the President of India on December 23, 1959, after passing both Houses of Parliament. The Act covers the entirety of India and went into effect on October 1, 1962.[3]

The Act divides the two primary categories of firearms that a person may own under Section 2 into:

Prohibited Bores (PB) are exclusively authorised for use by the State police, the Army, or Central Paramilitary forces.
Non-Prohibited Bores (NPB), which are available to anyone with a current firearms licence.

The bore, or the thickness or diameter of the bullet, is the key factor used to differentiate between the two. A list of “prohibited ammunition” is found in Section 2(1)(h) of the Act. This list includes rockets, bombs, grenades, shells, missiles, and items intended for torpedo service and underwater mining, as well as any ammunition containing any toxic liquid, gas, or other similar substance. In addition, any weapon intended to release poisonous liquids or gases, as well as modified firearms that discharge missiles continuously when the trigger is pulled or until the missile magazine is empty, are prohibited weapons as listed in Section 2(1)(i) of the act. Artillery, anti-aircraft, and anti-tank weapons are featured on the list.

Section 7 of the act prohibits the aforementioned forbidden weapons and ammunition from being in one’s possession, being purchased, manufactured, or sold. The act’s Section 9 forbids young people from obtaining or receiving weapons through sales or other transfers. The act’s Sections 24A and B forbid, respectively, the carrying of notified weapons into or into public spaces within disturbed areas and the ownership of notified weapons there.[4]

HISTORY OF THE ACT

During British colonial rule, the Arms Act was originally established in India in 1878. Indians intimidated the British, who saw armed Indians as a danger to their authority in this nation. In order to rule out the prospect of another great rebellion, the British government enacted the Indian Arms Act in 1878. The act was passed in order to control civilians’ access to, manufacturing, selling, and usage of weapons as well as to stop them from being used illegally. The act placed tight limitations on the purchase and possession of firearms, and anyone who disobeyed the law faced harsh consequences like jail time and fines. There weren’t many regulations governing firearms in colonial India prior to the Indian Rebellion of 1857. Although the act excluded certain individuals and groups, it did mandate a licence in order to carry a weapon. This measure was severely condemned by national leaders like Mahatma Gandhi. Of all the crimes committed during British rule in India, history will regard the act of denying arms to an entire nation as the most heinous, he declared. The Act has undergone a number of updates and modifications throughout time to handle new security risks and guarantee the appropriate use of weapons.

The three years with the biggest changes were 1959, 2016 and 2019. The 1959 modification increased the penalties for noncompliance and mandated tougher licencing and guidelines. According to the 2016 weapons regulation, completion of firearms and ammunition safety training programmes is mandatory for anyone requesting an arms licence or becoming a producer. Basic understanding of weapons and ammunition, safe gun handling, firing technique, safe storage, maintenance, and transportation were all covered in the course. According to the Arms Rule of 2016, the authorities have sixty days to approve or deny an application for a licence to possess arms and ammunition following the completion of the qualifying criteria and police verification. The 2019 amendment brought forth clauses requiring firearms to be registered, creating a central database, and outlawing specific kinds of firearms.[5]

OBJECTIVE

This Act seeks to modify and consolidate the laws pertaining to weapons and ammunition, as stated in the preamble. This Act’s primary goal was to control and limit the unlawful distribution of weapons and ammunition. It outlines the process for acquiring permits for specific types of weapons or ammunition and places restrictions on dangerous weapons to prevent public access. Furthermore, this Act affirmed the right of the people to keep and carry arms as a legitimate one. It was discovered that they must be permitted to own and use specific weapons and ammunition in particular cases, such as self-defence or when there is a grave threat to life or property. To impose appropriate controls and regulations, such as gun licences, in order to restrict the purchase, possession, and use of weapons. To impose limitations on the production, distribution, import, export, and transportation of weapons and ammunition. To establish guidelines and processes for granting, rescinding, suspending, and appealing gun licences to individuals, organisations, and manufacturing facilities. Enabling the government, officials, and administrative authorities to use their authority over gun licences, searches, seizures, and prohibitors orders. To establish penalties and sanctions for violating the Act’s provisions. To enable the Government to promulgate regulations in order to implement the Act’s provisions.[6]

IMPORTANT DEFINITION

Ammunition

Ammunition comes under Section 2(b) of the act refers to ammunition for all firearms, including:

Missiles such as bombs, grenades, shells, and rockets, equipment intended for use in undersea mining and torpedo warfare.
Other items, whether or not they may be used with weapons, that contain, are made to contain or are planned to contain explosive, fulminating, or fissionable substance or toxic liquid, gas, or another similar item.
Charges related to weapons and their accessories, Friction tubes and fuses, components and equipment for producing munitions.
The Central Government may designate ingredients or munitions by publish it in the official Gazette.[7]

Arms

According to Section 2(c), “arms” refers to any item that is made or modified to be used as a weapon for offence or defence. This includes firearms, weapons with sharp edges or other lethal weapons, as well as machinery and parts for making arms. However, it excludes items like lathi or regular walking sticks that are made primarily for home or agricultural purposes or weapons that cannot be transformed into functional weapons or used as toys.

Firearms

According to Section 2(e), “firearm” refers to any type of weapon that is made or modified to shoot one or more projectiles of any kind using an explosive or another energy, also includes:

Weapons of any type intended or modified for the discharge of any toxic liquid, gas, or other hazardous material, such as artillery, hand grenades, riot pistols, or other similar devices, accessories for any such weapon made or modified to lessen the flash or noise it makes when it fires, components and equipment used in the production of weapons and Platforms, carts, and equipment for assembling, moving, and serving artillery.

Prohibited Ammunition

Section 2(h) of the act defines “Prohibited ammunition” as any ammunition that contains, or is made or designed to contain, any noxious liquid, gas, or other similar substance. This includes rockets, bombs, grenades, shells, items intended for submarine mining and torpedo service, as well as any other items that the Central Government may designate as prohibited ammunition by publish in the official Gazette.

Prohibited Arms

Section 2 (i) talks about the prohibited arms.Guns are made or modified in such a way that when pressure is placed on the trigger, missiles will keep firing until the magazine holding the missile is empty or the trigger is released. Weapons of any kind intended or modified to discharge any toxic liquid, gas, or other substance; they include artillery, anti-aircraft, anti-tank, and any other weapons that the Central Government may designate as illegal by publish in the official Gazette.[8]

Licence

Section 2 (ea) of the act define licence. licence refers to a licence granted in line with this Act’s provisions and any rules derived from them, including licences granted electronically.

IMPORTANT SECTIONS

Section 2 – Definitions
Section 3 – A person cannot purchase, possess, or carry a firearm or ammunition unless they have a valid licence that was granted to them in accordance with the Act’s requirements and the rules established thereunder. A person is prohibited from having more than three guns on them at any given time per Section 3. However, no licenced and recognised member of any rifle club or association or dealer of firearms is exempt from this clause.
Section 9 – the ability to obtain, own, and carry any weapons and similar items. It states that no one is allowed to purchase, possess, or carry a gun or ammunition. additionally forbids anyone from selling or transferring a firearm to someone who does not meet the prerequisite mental ability listed above, as well as to someone who is not competent at the time of the sale or transfer, etc. In India, a background check that takes into account criminal, mental health, and domestic violence records is required of applicants for handgun licences.
Section 13 – the process that the applicant must go through in order to be granted a gun licence. According to the requirement, the application must be submitted in the format required and include all required information, paperwork, and costs. The licencing authority may choose to grant or deny a licence after receiving an application for one and following specific procedural procedures and conducting the required investigations.
Section 19 – This section gives power to police officers and other law enforcement officials the authority to request that anyone in possession of a gun or ammunition show their licence. The officer may demand that the subject provide his name and address if the subject declines to provide such a licence or is unable to do so. If the police feel that it is essential or if he has any suspicions, he may also be able to take such weapons and ammunition or make an arrest without a warrant.[9]
Section 22, 23 and 24 – explains the rules governing to search, seizure, and detention of weapons, ammunition, and other relevant items, as well as the protocol that the implementing agencies must follow. The rules banning the carrying and ownership of notified weapons in regions that are disturbed are covered in Sections 24A and 24B.
Section 25 – Penalties for purchasing weapons that are forbidden under Section 7. The guilty party may be sentenced to a minimum of ten years in jail, with the possibility of a life sentence, as well as a fine.
Section 26 – Penalties for breaking licence requirements pertaining to sales of firearms and ammunition. Infractions of sections 3, 4, 10, or 12 have a minimum sentence of six months’ imprisonment, a maximum sentence of seven years’ imprisonment, as well as a fine. Infractions of sections 5, 6, 7, or 11 have a minimum five-year jail sentence, with a maximum ten-year sentence, as well as a fine.
Section 27 – Penalties for violating Sections 5 or 7 by utilising weapons or ammunition. A fine and a minimum sentence of three years, with a maximum sentence of seven years, are the penalties for violating section 5. A fine and a minimum sentence of seven years in jail, with the possibility of life in prison, are the penalties for violating section 7.
Section 30 – Penalties for breaking licence regulations pertaining to gun barrel shortening or turning replica guns into real weapons. The penalty consists of either a fine, a six-month jail sentence, or both.
Section 34 – 46 – Miscellaneous provision – such as the keeping of weapons in storage, an individual’s criminal liability, the right to search and arrest, the ability to exempt, etc.[10]

OFFENCES AND PENALTIES

Section 25(1) – Manufacturing, selling, and other activities involving weapons and ammunition without a licence, reducing the length of guns, turning toy guns into real weapons, and importing and exporting weapons following government prohibition – Punishment of 3-7 years of imprisonment and with fine.
Section 25(1A) – Obtaining or having ammunition or weapons that are illegal – Punishment of 5-10 years imprisonment and with fine.[11]
Section 25(1AA) – Manufacture, transfer, sale, and possession of any banned weapons or ammunition for the purpose of sale, transfer, etc.- Punishment of 7 years to life imprisonment and with fine.
Section 25(1B) – Obtaining, holding, or transporting ammunition or weapons without a permit, obtaining, holding, or transporting ammunition or weapons in certain areas without a permit, Guns that are not marked with identification are sold and transferred- Punishment of 1 to 3 years of imprisonment and with fine.
Section 25 (1C) – Committing any crime in the disturbed area that is punishable by this section – Punishment of 3 to 7 years of imprisonment and with fine.
Section 25(2) – Obtaining, holding, or transporting firearms or ammunition by someone who is under 21 years old – Punishment of 1 year of imprisonment and with fine.
Section 25(3) – Selling or transferring firearms or ammunition without notifying the local police station’s officer or district magistrate – Punishment of 6 months of imprisonment and 500 rupees of fine.
Section 25(4) – Failing to turn in a licence or surrender one that has been suspended or revoked – Punishment of 6 months of imprisonment and 500 rupees of fine.
Section 25 (5) – offering a false name or address or refusing to provide one’s name and address when asked – Punishment of 6 months of imprisonment and 500 rupees of fine.[12]

POWERS

Power to arrests and searches. The Criminal Procedure Code’s provisions pertaining to arrests and searches must be followed in the execution of any arrest or search conducted under the Arms Act or Rules.
Power to production of licence, any police officer may request that anyone carrying weapons or ammunition show their licence.[13]
Power to search vessels and vehicles for arms, any magistrate, police officer, or other officer specifically designated by the Central Government in this regard may stop and search any vehicle, vessel, or other means of conveyance in order to determine whether any violations of this Act or the rules made thereunder are being or are likely to be committed. They may also seize any weapons or ammunition that may be discovered within the vehicle, vessel, or other means of conveyance.
Authority can request that anyone found to be in possession of weapons or ammunition produce a licence.
Authority can make an arrest of anyone who is seen in possession of a weapon or ammunition under conditions that suggest he may be carrying them with the intention of using them.
Requiring anyone whose possession of weapons and ammunition becomes illegal to surrender them.
Authority can search and seize, including looking for weapons in cars and boats.
Authority can seize and hold weapons and ammunition under the Central Government’s orders.[14]
An officer has grounds to think that there is a violation of this act or rule, they are authorised to enter, inspect, and investigate any location, aircraft, carriage, or vessel where explosives are being made, possessed, used, sold, transported, exported, or imported under licence. In order to conduct an inquiry and confirm the amount sold in a specific time frame, he can also collect samples.
The jurisdictional Circle Inspector should visit all authorised manufacturers and vendors of explosives and fireworks to check that the license’s terms are being followed. Through the relevant Superintendent of Police, the Inspector will then submit a report to the District Magistrate.
The Special Branch and CID Police unit will closely monitor the use, storage, and trafficking of weapons, ammunition, and explosives within their respective jurisdictions. Following any incident involving the use of explosives, they will report the relevant data to the Inspector General of Police, who will then appropriately review it in order to take appropriate legal action.[15]

LICENCE

A list of the official licencing procedures can be found in Chapter III of The Arms Act of 1959. As a result, Section 13 of the Arms Act of 1959 establishes the licencing process as follows:

Application

The first and most important step is to submit an application for licensure to the relevant licencing body by means of a properly completed Form A-1 The Arms Rules, 2016 and payment of the required application fee.

Documents Required

Passport size photo, Address Proof, Birth Certificate, ID Proof, Medical Certificate, Other Document.

The Officers in Charge Report

The officer in charge of the closest police station will be requested to submit a report on an application within the allotted time frame after the licencing body receives it.

In essence, the police verify additional documents, inquire about the authenticity of the address provided, and see whether there are any prior records of any form of criminal behaviour. The licencing authority may, if it thinks fit, issue such an order after the designated time has passed without waiting for the report, provided that the officer-in-charge of the closest police station has not sent his report on the application within the allotted period.

Grant of Licence

A licence application for a non-prohibited weapon will be considered approved when the three-month period has passed, even though there are very few provisions in the Act or the Rules that indicate a specific time limit. The idea is to convey to the licencing authority that they are not allowed to take their sweet time in deciding how to proceed with the application or applications in question.[16]

Duration

According to Section 15 of The Arms Act, 1959, unless it is withdrawn prior to that date, a licence granted under Section 3 of the Act may remain in effect for a period of three years from the date of grant. After then, if the licencing body permits such a renewal, it may be renewed for the same duration as the licence was first issued and will be renewable in this manner on an ongoing basis.

REGISTRATION

Every police station should keep a Gun Licence Register, which is a list of licences issued in accordance with the Arms Act of 1959. For all revolvers, pistols, and ammunition owned by departmental superior and subordinate police officers that are provided by the government, a register for arms and ammunition must be kept in all police stations and offices. To keep track of all types of weapons and ammunition, the State Armoury will keep the main weapons stock register, ammunition stock registration, spare parts register, and armoury acknowledgement record updated. The specifics of the matter, such as the kind of weapon, quantity, and manufacturer, as well as the name, rank, station, circle, and unit of the police officer to whom the weapon is issued, must be made evident. The guidelines set forth in the Arms Rules, 1962 must be adhered to in all matters pertaining to the inspection and verification of arms stores and establishments, if any, licenced under the Arms Act. Reports about the loss and recovery of weapons and ammunition should be sent to the Inspector General, the District Magistrate in the area where the weapons and ammunition were lost, and the licence holder. All information pertaining to handguns or revolvers that have been lost or stolen should be provided. The licensee may provide the details if the complainant is unable to provide them. The fact and the explanations for this may be included in the loss report if it is not possible to determine the precise number of stolen or lost revolvers or pistols for any particular reason.[17]

WHEN THE ACT IS NOT APPLICABLE

Section 45 of the act talks about when the act doesn’t applicable. As follows:

When transporting weapons or ammunition that is a regular component of the arsenal or equipment of a seagoing ship or aircraft.
Obtaining, holding, or transporting, producing, fixing, converting, testing, or providing evidence, selling, transferring, or importing, exporting, or moving weapons or ammunition.[18]
By a National Cadet Corps member who was brought up and kept up in accordance with the 1948 National Cadet Corps Act.
By any officer or member of the Territorial Army who was raised and kept in accordance with the 1948 Territorial Army Act.
By any member of any other forces that have been raised, are currently being raised, or may be raised in the future in accordance with any Central Act.
By any member of any other forces that the Central Government may designate in the course of his duties as such an officer, member, or enrolled person by announcement in the Official Gazette.
Any weapon in disrepair, with antiquarian value, or with an outdated pattern that cannot be used as a firearm without repair.
The purchase, possession, or transportation by an individual of small components of weapons or ammunition that are not meant to be combined with larger components that they or any other individual have purchased or obtained.[19]

PRESENT SCENARIO IN INDIA

Since its enactment by the Parliament in 1959, the Arms Act, 1959 has been the primary legal document pertaining to arms control in independent India. The primary laws governing the sale, manufacturing, possession, acquisition, licence, import, export, and transportation of firearms and ammunition in India are the Arms Act and the Arms Rules, 1962. The Arms Act of 1878 served as the model for the current Act, which was established with notable modifications to accommodate India’s requirements after gaining independence. In order to make the Arms Act of 1959 relevant in the modern societal context, it was revised in 1971, 1983, 1985, 1988, 1995, 2010, and 2016.[20]

The Indian government has recently tightened its rules regarding gun ownership and possession in response to the rise in terrorist attacks, criminal activity, violence, and mass shootings worldwide. India is thought to have the world’s strictest gun control laws and regulations. The government has enacted new laws that are more stringent than the ones that existed before. Under these new regulations, those who wish to obtain a gun must demonstrate that they meet the necessary requirements, submit to a stringent background investigation, and complete an arms-related safety course covering safe handling, proper firing technique, and how to store and transport firearms. licences are only granted for gun ownership and possession inside state borders; in order to own a gun in more than one state, a central government-issued licence is required. The laws governing the various classes and types of ammunition and firearms have also been tightened by the government. The new regulations also stipulate that air guns need an arms licence. Although gun culture is typically associated with nations like the United States, there has been a recent trend in India towards the purchase and ownership of firearms, particularly in the northern and central states of Uttar Pradesh, Haryana, Madhya Pradesh, Rajasthan, Bihar, etc. These states have seen the emergence of the gun culture tradition, where owning and carrying a gun is seen as a mark of pride and status. In addition to having a disproportionately high rate of guns and other weapons in their possession, these states also have a comparatively high crime rate.[21]

ARMS RULES, 2016

An arms licence is a licence or permit that, subject to various terms or limits, is granted by a government entity inside a jurisdiction. It permits the licensee to purchase, acquire, or carry a firearm. This rule comes into effect for the handling and storing of weapons safely. The 1962 Arms Regulations were superseded by this legislation, which was notifiable on July 15, 2016.Every applicant for an arms licence or manufacturer must pass firearms and ammunition safety training courses, according the Arms Rule, 2016. [22]

According to the Arms Rules, 2016, the Licencing Authority’s Arms Licence must have the UIN listed on it. A weapons licence that lacks the UIN is void. It is important to remember that a licensee, not a licence, is the one to receive a UIN. The UIN is necessary for all licensees, including persons, organisations, manufacturers, dealers, and sports associations, among others. To ensure that their arms licence remains valid, all licensees must get in touch with their licencing body and obtain a UIN. Basic understanding of weapons and ammunition, safe gun handling, firing technique, safe storage, maintenance, and transportation are all covered in this class. According to the Arms Rule of 2016, the authorities have sixty days to approve or deny an application for a licence to possess arms and ammunition following the completion of the qualifying criteria and police verification.

ARMS (AMENDMENT) ACT, 2019

The Arms Act of 1959, the parliament passed the Arms Amendment bill. The goal of imposing the worst penalty possible life in prison for possessing and producing illicit weapons is achieved by this statute. The Lok Sabha revised the act on December 9, 2019, and the Rajya Sabha did the same on December 10. This measure aims to punish those who possess illegal firearms and those who engage in careless or reckless shooting that puts other people’s lives and safety in jeopardy. According to the bill, the crime is assumed to be more serious than it appears to the law and is punishable by up to two years in prison, a fine of up to Rs. one lakh, or both. Additionally, the measure suggests that the maximum penalty for manufacturing illicit weapons be life in prison if found guilty. Carrying or owning a firearm needed a licence under the 1959 Arms Act. A person might potentially apply for a licence to possess up to three weapons under the act. The 2019 Arms Amendment Bill lowers the personal firearm limit from three to one.[23]

OTHER COUNTRIES

South Africa

Applicants must pass a competency exam covering the particular type of firearm they are applying for as well as a test on South African firearm legislation in order to be eligible to apply for a firearm licence in that country. After passing these exams, the applicant must apply for a competency certificate, following which the South African Police Service examines the applicant’s background and the location of the intended firearm storage. One can then apply for a firearm licence in a variety of categories, from professional hunting to self-defence, after passing both exams and receiving the appropriate credentials. Certain licence classifications have distinct limitations, such as how much ammo an owner may possess. Hunting with a gun is legal.[24]

Canada

The Firearms Act contains Canada’s gun legislation. The RCMP issues the possession and acquisition licence, which is obtained by passing a test, a background check, and reference interviews in addition to completing a gun’s safety course. Purchases of the most common sports rifles and shotguns are permitted by the PAL. For prohibited weapons, a restricted-PAL has an extra course that requires more storage space. Target shooting and hunting are the two primary motivations for gun ownership.

United States

Federal and state laws govern the possession of weapons in the United States. Federal Bureau of Alcohol, Tobacco, Firearms and Explosives is responsible for enforcing firearms laws. State and municipal law enforcement agencies are responsible for enforcing the diverse range of gun regulations. Since 1791, the Second Amendment to the Constitution has guaranteed the right to keep and bear arms. The U.S. Supreme Court has held that this right extends to any individual who wishes to keep and bear arms for customarily legal uses, such as self-defence in public and at home, and is not associated with militia service.

China

In the People’s Republic of China, gun ownership is governed by legislation. In general, private individuals are not permitted to own firearms. The majority of authorised, non-individual institutions, such as sports leagues, authorised hunting reserves, and organisations dedicated to the management, conservation, and research of wildlife, are the only ones that are permitted to own firearms by civilians. The primary exclusion from the overall prohibition on private firearm possession is when it comes to hunting. Penalties for trafficking weapons, ammunition, or other military supplies to an adversary during a war include life in prison. Illegal possession or sale of firearms carries a minimum sentence of three years in jail.

Afghanistan

In Afghanistan, automatic guns are only available to security firms and government personnel. Although legal, handguns are typically issued to distinguished individuals. Rifles without automated systems are available for hunting and sports. The laws governing shotguns and vintage firearms are rather lax and don’t require justification. In certain areas, shotguns, particularly pump-action shotguns, are common self-defence weapons.[25]

Pakistan

Pakistan has the sixth-highest number of privately held firearms worldwide and has permissive gun laws when compared to the rest of South Asia. In most urban places, carrying a weapon in public is governed by laws. Private firearms are not allowed on the grounds of official offices or courts, nor are they allowed in hostels, boarding houses, educational institutions, fairs, or processions with a political, religious, ceremonial, or sectarian theme. The legislation of Pakistan is silent on whether or not to deny or revoke gun licences, and a licence allows the possession of any number of firearms, including fully automatic weapons and handguns of any calibre. Historically, guns have played a significant role in rural life in North-Western districts, where it is not unusual to witness individuals lawfully carrying fully automatic weapons and RPGs.

Australia

In Australia, state governments are in charge of enforcing gun restrictions, while the federal government controls gun imports. The National Firearms Agreement of 1996 brought most gun laws into line. More than a million firearms were gathered and destroyed in two federally supported gun buybacks, voluntary surrenders, and state government gun amnesties prior to and following the Port Arthur Massacre. This may have accounted for one-third of the country’s total gun inventory.[26]

CASE LAWS

Mursalim Shaikh and Ors. VS State of West Bengal

A dagger, chisel, and pistol were carried by the petitioner and his accomplice. They had forcibly halted a rickshaw and were requesting valuables from the passengers. After extorting the goods, they ran away. When the petitioner was later apprehended, it was discovered that the pistol he was carrying was not authorised. According to Section 25 of the Arms Act of 1959 and other pertinent provisions of the Indian Penal Code of 1860, the Additional Session Judges of Jaipur had found them guilty. [27]The petitioner in this case appealed to the Calcutta High Court for the order to be discharged; however, the Court denied the appeal, upholding the petitioner’s conviction under Section 25 of the Arms Act, 1959, on the grounds that the petitioner lacked a legitimate justification for owning the weapon. The penalties range from simple to harsh imprisonment for life to a minimum of six months. It is reasonable to assume that different penalties and punishments are applied under this Section based on the type of offence that is committed. One example of a violation of the Arms Act of 1959 is the acquisition, custody, or transportation of firearms and ammunition without the proper authorization, as stated in Sections 3 and 4. Since this article’s goal is to clarify penalties under Section 3, 25 of the Arms Act, that’s what we’ll talk about next.

Vishwanath Gaonkar VS State

The verdict of the Additional Sessions Judge to find the accused guilty and convicted of the offence under Section 3 read with Section 25 of the Arms Act, 1959 was maintained by the High Court of Judicature at Bombay, Panaji bench. However, the Sessions Judge’s sentence of harsh imprisonment for a year and a fine of five thousand rupees was changed. The Bombay High Court ruled that the accused had already served five months of hard incarceration and that this period of severe imprisonment was included in his sentence. The offender will also be subject to a five thousand rupee fine and three months of simple jail in default. Due to the unique and sufficient reasons the court found for the facts and circumstances, the sentence under Section 3, 25 was suspended in this case.[28]

State of Madhya Pradesh VS Ayub Khan

The defendant was discovered in possession of a barrel gun manufactured in the nation, two rounds of ammunition, and fifty grammes of unlicensed explosives. Section 25(1)(a) of the Arms Act of 1959 was the basis for his charges. Despite the fact that the accused was a first-time offender and had spent a significant amount of time in detention, the court issued the order. Ayub Khan, who was given the death penalty, was instead given a year of hard labour in prison and a fine of Rs. 100. Madhya Pradesh State filed an appeal with the Indian Supreme Court. The Honourable Supreme Court declares that the lower court erred gravely in failing to impose the statutory minimum penalty. The accused was charged under the Arms Act’s section 25(1)(a), which mandates a minimum of three years in jail. Finally, the Honourable Supreme Court ruled that the accused would serve three years in prison and be subject to a punishment of Rs. 5000; if the fee was not paid, the accused would serve an additional three months in prison.[29]

Gunwant Lai VS State of Madhya Pradesh

In accordance with section 3 of the Act, the court was also given the chance to define possession. It made the point that proving the accused person did not have to include the arms being in their actual possession. Section 25(1)(a) requires that a person possess a firearm with intention, consciousness, or knowledge in order for it to be considered a weapon; this ownership need not be physical; it can be constructive, meaning the owner has authority and control over the weapon. To establish a de facto relation of control or dominion over an object in dispute, particular facts must be admitted or proven. This is the only way to ascertain whether the person in issue was in possession of the object in question or not.[30]

Kailash Nath VS State of Uttar Pradesh

The court with a five-judge bench ruled that granting an arms licence is a privilege rather than a right. The court said that while every person has the right to apply for an arms licence for the purpose of defending themselves and their property, the State bears the primary responsibility for these tasks. The court also noted that Article 21 of the Constitution, which guarantees the protection of life and personal liberty, does not apply to the right to bear arms. The Act also includes provisions for licence renewal and for licence modification, suspension, and revocation by the proper authorities.[31]

CONCLUSION

As was already established, Indian law is already among the strictest in the world when it comes to the many activities involving firearms. Because of this, there are only roughly 10 out of every 100 gun-related homicides in India. Nonetheless, the use of an illicit firearm is a contributing factor in over 90% of firearm-related deaths. Controlling the unauthorised and illegal production, ownership, purchase, and exchange of firearms thus becomes crucial. There’s a lot of room for improvement in this area, and a big step in the right direction might result in even lower gun violence rates in India. Although the right to self-defence is inalienable, India has strict laws governing the ownership and use of weapons in order to protect the public and uphold the rule of law. Every citizen must be aware of their rights and obligations under the Arms Act of 1959 and adhere to the established legal procedure in order to obtain a firearms licence. In addition to putting lives in danger, unlawful gun ownership and use can have serious legal repercussions. Hence, the Arms Act of 1959 provides a crucial legal foundation for striking a balance between personal freedoms and public safety.

The purpose of the Arms Act of 1959 is to uphold social order and prohibit the improper use of firearms. Any weapon, whether it be a knife, sword, or gun, has the potential to be lethal if handled improperly. As a result, those who violate this Act’s requirements face severe consequences from the law. Furthermore, the ban on kirpans for Sikhs is evidence that the legislation honours religious beliefs. For their own protection as well as the safety of the society in which they live, it is imperative that every citizen be aware of these rules and make sure they abide by them. Ammunition and weapons have always been a factor in the threat to the public. It consistently agitates social harmony and order and occasionally incites violence. The purpose of the legislation is to control behaviour and keep people from endangering their own or other people’s lives. Despite these severe prohibitions, a small arms survey estimates that over six crore illicit firearms are in India. This has led to an increase in crimes like robbery, kidnapping, extortion, and murder. As previously stated, illicit guns are used in 90% of killings. The Arms Act’s primary goals are to lessen the trafficking of illicit weapons that are used in criminal activity and to regulate offences involving weapons and ammunition.

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[3] Aequitas Victoria, the arms act 1959, (17^th Nov. 2023), https://www.aequivic.in/post/aijacla-the-arms-act-1959-a-legal-analysis-and-comparative-study-with-usa#:~:text=The%20Arms%20Act%2C%201959%20is,previous%20Arms%20Act%20of%201878.

[4] I pleaders, Arms act, 1959, (17^th Nov. 2023), https://blog.ipleaders.in/possession-of-arms-under-the-arms-act-1959/#Types_of_arms

[5] Legal service India, the arms act in India, (17^th Nov. 2023), https://www.legalserviceindia.com/legal/article-11239-the-arms-act-in-india.html

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[10] Century law firm, arms act 1959 in India, (17^th Nov. 2023), https://www.centurylawfirm.in/blog/arms-act-1959-in-india-legality-licensing-provisions-arms-rules-2016/

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[13] Duties of polices under arms act 1959, (17^th Nov. 2023), https://police.py.gov.in/Police%20manual/Chapter%20PDF/CHAPTER%2025%20Duties%20of%20the%20Police%20under%20the%20Arms%20Act,%201959%20(Act%20LIV%20of%201959).pdf

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[18] Latest law.com, all about arms act, (18^th Nov. 2023), https://www.latestlaws.com/articles/all-about-arms-act1959-by-tanvi-sapra

[19]Latest law.com, all about arms act, (18^th Nov. 2023), https://www.latestlaws.com/articles/all-about-arms-act1959-by-tanvi-sapra

[20] Aequitas Victoria, the arms act 1959, (18^th Nov. 2023), https://www.aequivic.in/post/aijacla-the-arms-act-1959-a-legal-analysis-and-comparative-study-with-usa#:~:text=The%20Arms%20Act%2C%201959%20is,previous%20Arms%20Act%20of%201878.

[21] Aequitas Victoria, the arms act 1959, (18^th Nov. 2023), https://www.aequivic.in/post/aijacla-the-arms-act-1959-a-legal-analysis-and-comparative-study-with-usa#:~:text=The%20Arms%20Act%2C%201959%20is,previous%20Arms%20Act%20of%201878

[22] Get legal India, arms act, (18^th Nov. 2023), https://getlegalindia.com/arms-act/#Arms_Rules_2016

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