Delve into the comprehensive guide on firearm laws in India under the Arms Act, offering insights into the legal aspects and regulations governing firearm possession. Know more now.
Law on Firearm Under Arms Act
In India, the regulation of firearms is governed by the Indian Arms Act of 1959. This legislative framework replaces the earlier 1878 Act and is primarily aimed at curbing the proliferation of illegal weapons and the potential threat of violence stemming from their misuse. Know more about the Law on Firearm in India.
The Act was enacted to restrict the private ownership of firearms, thereby reducing the effectiveness of any potential uprisings. Furthermore, the Arms Rules of 1962 in India impose stringent restrictions on the sale, manufacture, possession, acquisition, import, export, and transportation of firearms and ammunition, all of which require a government-issued license.
Under these regulations, the Indian government maintains a monopoly over the production and sale of firearms, except for a limited number of breech-loading smoothbore shotguns. The classification of firearms is categorized into two groups: Prohibited Bore and Non-Prohibited Bore. Firearms such as semi-automatic and fully automatic weapons are classified as Prohibited Bore.
The Arms Act of 1962 designates any firearm capable of chambering and firing ammunition of specific calibers, such as .303, 7.62mm, .410, .380, .455, .45 rimless, and 9mm, as Prohibited Bore. Additionally, smoothbore guns with barrels shorter than 20 inches also fall into the Prohibited Bore category. These regulations aim to maintain strict control over the possession and use of firearms in India, emphasizing public safety and preventing potential threats.
Understanding the History of the Arms Act
The Indian Arms Act, of 1878 (the Act) was the first comprehensive law in India to regulate the manufacture, sale, possession, and carriage of firearms. It was enacted by the British colonial government in response to the Indian Rebellion of 1857, during which Indian sepoys used firearms against their British masters.
The Act was initially very restrictive, and only certain groups of people were allowed to own firearms, such as the military, police, and certain government officials. However, over time, the Act was relaxed to some extent, and more people were allowed to own firearms for hunting, self-defense, and other purposes.
The Act has been amended several times over the years, but its basic principles remain the same. It currently requires anyone who wants to own a firearm to obtain a Gun license from the police. The police have the discretion to grant or deny licenses, and they are required to consider factors such as the applicant’s criminal history and mental health.
The Arms Act also prohibits the possession of certain types of firearms, such as automatic weapons and sawed-off shotguns. It also regulates the sale and transfer of firearms and requires all firearms to be registered with the police.
The Act has been controversial at times, with some people arguing that it is too restrictive and others arguing that it is not strict enough. However, it remains the main law governing firearms in India today.
The Act has played an important role in reducing gun violence in India. In 2020, India had a gun homicide rate of 0.26 per 100,000 people, which is one of the lowest in the world. This is in contrast to the United States, which had a gun homicide rate of 22.9 per 100,000 people in 2020
The Indian government is working to improve awareness about the Arms Act and to combat the illegal trafficking of firearms. However, it is important to note that the Act is just one part of a comprehensive approach to reducing gun violence. Other important factors include education, poverty reduction, and mental health care.
What Are the Reasons For Passing the Arms Act?
- To prevent the use of firearms against the government or other citizens
- To reduce gun violence and other crimes involving firearms
- To maintain public order and safety
- To protect national security
- To prevent the smuggling and trafficking of firearms.
Is This Act Serving Purpose Successful or Not?
Whether or not the Indian Arms Act, of 1878 is serving its purpose successfully is a complex question with no easy answer. There is evidence to support both sides of the argument
On the one hand, the Act has been successful in reducing gun violence in India. India has a very low gun homicide rate compared to other countries in the world. For example, in 2020, India had a gun homicide rate of 0.26 per 100,000 people, while the United States had a gun homicide rate of 22.9 per 100,000 people
On the other hand, the Act has also created some negative consequences. For example, the Act has created a black market for firearms, and it has made it difficult for people to defend themselves against criminals
Who Are the Authorities Authorised To Provide Gun Licenses?
- District Magistrate (DM)
- Commissioner of Police (CP)
- Superintendent of Police (SP)
- Sub-Divisional Magistrate (SDM)
- Additional District Magistrate (ADM).
Frequently Asked Questions
Is keeping a gun illegal in India?
No, keeping a gun in India is not illegal, but it is heavily regulated by the Indian Arms Act, 1878. To own a gun, you need to obtain a license from the police. The licensing authority will consider factors such as your criminal record, mental health, and the purpose for which you are seeking a license before making a decision.
Why is 9mm illegal in India?
9mm pistols are not illegal in India, but they are more difficult to obtain a license for than other types of firearms. This is because 9mm pistols are considered to be more powerful and easier to conceal than other types of firearms.
How can I own a 9mm pistol in India?
To own a 9mm pistol in India, you need to obtain a license from the police. The licensing authority will consider factors such as your criminal record, mental health, and the purpose for which you are seeking a license before making a decision. You will also need to provide documentation such as proof of identity, proof of residence, and a police verification report.
Which type of gun can civilians buy in India?
Among the commonly issued firearms to eligible license holders are the Double Barreled Shotgun of 12 gauge, often referred to as the DBBL 12 Bore. Additionally, common firearms provided to license holders include the 0.315 Bolt Action Rifle, which has a magazine capacity of 5 cartridges, and the 0.32 Smith & Wesson Long revolvers, with a chamber capacity of 6 cartridges.
