Latest News
Back
Law on firearms in India
In the middle 1800s with the increasing uprising of the British in India, regular episodes like poor pay, racial ruthlessness, increasing cultural indifference, poor terms of pensions, etc. were on the rise by the merciless British officers directly contributed to the discontent among the Indian soldiers. The sepoy mutiny of 1857 also known as the first battle of Independence was an after-math of the “greased cartridges” which instigated the religious sentiments of both Hindu and Muslim Indian soldiers.
As a result of this revolt, the British were shook and under fear that similar rebellions in the future would eventually lead to the end of British Colonial era from India forever. Even though the rebellion was unsuccessful, it resulted in the illegal and unauthorised use of weapons like guns, rifles etc., resulting in the introduction of the Arms Act of 1878. This new law ensured that no Indian would be allowed to possess any weapon unless the Crown was convinced of his loyalty to the Crown. This law came to an end only after 12 years of independence in 1959.
Now, the law on firearms in India is governed by the Indian Arms Act, 1959 which prescribes the relevant guidelines to possess guns. The aim behind this law is only to curb the menace of illegally keeping weapons which could possibly create threat of violence that might result from possessing them. In addition to the Arms Act, there are Arms Rules, 1962 under which the manufacturing, selling, possessing, acquisition, import-export as well as transport of firearms and ammunition without a valid license is completely banned.
What is the current firearm law in India?
The 1959 law granted arbitrary use of powers to the licensing authorities. The 1959 Act was amplified by the Arms Rules of 1962 where both the laws completely prohibit the possession, sale, acquisition, manufacture, import, export and transfer of firearms without a valid license. Obtaining a valid arms license is a tedious process which ordinarily takes at least one year.
The Arms Act classifies firearms into 2 categories:
- Prohibited Bore (PB) and
- Non- Prohibited Bore (NPB)
A bore is the thickness/ diameter of the bullet or in simple words, the hole in the middle of a barrel through which the bullet comes out.
An NPB weapon includes arms like handguns of calibre 0.35, 0.32, 0.22 and 0.380. Any individual can apply to obtain an NPB via the due procedure under Chapter- II and Chapter- III of the Arms Act of 1959. A PB weapon includes pistols (9 mm) and handguns of calibre 0.38, 0.455 and calibre 0.303 rifles. The same further includes semi- automatic and fully- automatic guns.
Prior to 2008 Mumbai attacks, only defence forces personnel and family heirlooms were issued a PB category weapon, however, post the 2008 Mumbai terrorist attack the Indian Government reformed its gun ownership norms. As a result, those civilians who are apprehended by “serious and imminent threat” to their lives or those who reside in terrorist- prone areas, or even government officials who have made themselves targets in front of terrorists by nature of their job, or MLAs or MPs or of citizens associated with anti- terrorist programmes or their family members.
Prior to 1987, the licenses were granted by the appropriate authority of the state government or a District Magistrate. But after 1987, the licenses granted for PB became entirely the duty of the central government.
The Indian Government monopolises the sale, manufacturing, import, export of such firearms and ammunition and the Indian Ordnance Factory (headquartered in Kolkata) has the duty to manufacture and sell these arms and ammunition in India. The Indian Defence Ministry controls the Indian Ordnance factories across the nation.
Currently, the Indian firearm laws are easily one of the strictest in the world. In USA, obtaining any firearm is a constitutional right, however, in India, the same is just a privilege. No ordinary citizen of India can obtain a firearm without a valid license granted by the competent licensing authority. Moreover, the latest amended Arms Rules of 2016 has made the license mandatory even for airguns.
What are the different types of guns that are legal in India?
The most popular weapon (gun) which is provided to those individuals who were eligible to possess arms under the law is the Double Barrelled Shotgun of 12 gauge also called the DBBL 12 Bore, other common weapons are 0.315 Bolt Action Rifle (which has a magazine capacity of 5 cartridges) and 0.32 Smith & Wesson Long Revolvers (with chamber capacity of 6 cartridges).
What is the current position of laws on firearms in India?
As per reports and recommendations, the Ministry of Home Affairs has now planned to maintain a National Database of Arms Licenses so as to have an official record of all the holders of arms licenses including both old and new holders.
All these weapon holders will further be furnished a Unique Identification Number. The following step has been taken as a pro-active step the be able to monitor and track authorized as well as unauthorized gun holders. This is a precautionary step to minimize crimes leading to loss of lives due to gunfire/ shootings by unauthorized guns/ weapons.
Keeping all of the above into consideration India has strict firearms law when it comes to the issuance of gun licenses, however, India still has the 2nd most number of deaths due to guns which shows that the Arms Act has not entirely been able to make hindrance among the masses in India which is sole because of easy availability of illegal weapons that are smuggled into India through numerous different means.
