GUN LAWS IN INDIA

No Indian citizen should own more than one licensed firearm, the Union ministry of home affairs (MHA) has proposed in a draft amendment to the Arms Act of 1959 that currently permits an Indian to own as many as three firearms.

The proposed law will affect owners of approximately four million licensed firearms in the country. A sizeable section of licence holders, many of whom are also shooters, possess multiple firearms. The Centre proposes to introduce the new laws through Arms Amendment Bill 2019 as HT earlier reported.

For members of shooting clubs, however, the old law as well as the proposed one permits one additional firearm.

Significantly, Monday’s move comes less than a month after the MHA proposed to reduce the permissible limit on firearms from three to two and sought opinion from state governments since law and order is a State subject.

This is unsurprising, as a narrative as simplistic as laws funded by an arms organisation allowing every citizen to recklessly purchase a gun and kill, lends itself to opinion by all. So what are India’s gun laws like, and should we be worried?

Not really.

Gun laws in India are quite stringent. Strict gun control laws in our country are a remnant of suppression by the British Raj. Owing to pockets of violence due to illegal weapons after the 1857 sepoy mutiny, the Arms Act of 1878 was enacted under the viceroyship of Lord Lytton.

It was the first step in mandating a license for gun ownership, albeit unfairly, as British citizens and Anglo-Indians in the country were allowed to hold weapons without restriction.

Grounds on Which Indians Can Own Guns

Fast forwarding to free India, the independent government consolidated and enacted the Arms Act of 1959. The Act underwent several changes after that, with the most notable ones being in 2010 and then recently in 2016. Full text of the currently valid Arms Rules 2016.

Indians are allowed to own guns for three primary reasons:

1. self-defence,
2. professional sporting,
3. crop protection.

Of the three reasons, the last facilitates mass ownership of guns. Thus, states and regions where farmlands are plenty such as Uttar Pradesh have a flourishing illegal gun industry as a result of wide legal gun ownership.

To obtain a gun, an individual needs to first procure a license. Licenses are issued state-wise; it’s near impossible to obtain a central license that allows a citizen to carry a gun legally in more than one state. The gun license application form called Form A, has its own set of prerequisites that need to be fulfilled before submission:

• The first of these is to declare the reason for gun ownership: in case of self-defence, the applicant has to show proof of credible threat to life. Protection from wild animals also qualifies here. This is usually in the form of an FIR. For sporting events, the applicant shows professional qualification certificates, and for crops, land documents.
• The next step is producing proof that the applicant has the knowledge and ability to handle a gun. This requires one to first complete a training course which includes safe use and handling, and understanding the responsibilities of gun ownership.
• In some states, applicants also need to attach two character certificates from “prominent members of the community” that attest to their trustworthiness to possess a weapon. This was mandated before 2016 for all states. This then-mandatory part of the license application for the male Indian cricket team’s captain MS Dhoni kicked up a storm back in 2008.
• The applicant also needs to show proof that they have the facility to store their guns safely.
• Also to be attached with the application are certificates of physical and mental fitness.
• Additional documents required are passport photos, proof of date of birth, address, and ID.

Once all the above conditions are met, documents procured, and application submitted, the licensing authority then calls upon the police to conduct background checks.

This is a process that takes a minimum of one month and can go up to three months (on paper) but may take much longer in reality.

The process requires the police to interview the applicant and their family for personal history, their neighbours for any signs of misdemeanour or domestic violence, check their criminal history and their neighbourhood for possible crimes, their mental health, tendencies towards violence or sexual abuse, and more.

How can a citizen apply to get a gun?

Any ordinary citizen in India cannot just go to a shop and buy a gun. The strict draconian laws in India on arms control have made it nearly impossible for an ordinary citizen to own a gun. Nevertheless, the procedure for acquiring a gun is laid down clearly by the Arms Act, 1959 under Chapter III.

 

●       First and foremost, to own a gun in India, a civilian needs to be minimum 21 years of age. An application form needs to be filled by the applicant which asks about his or her past criminal behaviour. Guns are for only three purposes: crop protection, sport and self defence. For a self- defence license, a civilian has to prove imminent threat to life. Protection can also be from wild animals.

●       Other than that, certain documentation is necessarily required of the applicant- identity proof, residence proof, proof of age, proof of education, residence proof, 4 photographs, last three years’ income tax returns, character certificate after verification from eminent members in the locality, health certificates both mental and physical.

●       The next step involves the police performing applicant’s strict background check for 2 months. Interviewing the applicant and his family, his neighbours, checking his mental health history, behaviour towards others- suppressive or aggressive , domestic violence etc.

●       The recorded interviews are then sent to the Criminal Branch and National Crime Record Bureau for record keeping. It is after this that the licensing authorities interview the applicant and the reason for their approval or declining of license is also documented.

●       The applicants whose applications are approved have to observe mandatory arms handling course whereby they learn safe handling, firing and transporting a gun.

●       The license granted has to be renewed after every three years. Since owning a gun in India is only a privilege and not a right, the Government reserves the right to confiscate such weapons at any time.

●       In case a civilian intends to procure a gun from a factory, more documentation is required- residential proof, the factory must possess a transportation license to transfer a gun, and a mandatory No Objection Certificate for the factory owner and the police. This process requires a month after which it has to be produced for inspection and record keeping.

●       It is mandatory for any person carrying a gun to carry it in a holster or a rucksack in case of rifles.

 

Position in 2019

From April 2019, the Union Ministry of Home Affairs (MHA) is planned to maintain a National Database of Arms Licenses which will include the details of all arms license holders- both old and new, and they will be issued a Unique Identification Number. This measure is taken in the wake of keeping a check on authorised and unauthorised gun owners many of whom are also involved in crimes leading to loss of lives.

• The Arms (Amendment) Bill, 2019 was introduced in Lok Sabha by the Minister of Home Affairs, Mr. Amit Shah, on November 29, 2019. The Bill seeks to amend the Arms Act, 1959.  It seeks to decrease the number of licensed firearms allowed per person and increase penalties for certain offences under the Act.  It also introduces new categories of offences. 
   
• License for acquiring firearms: Under the Act, a license must be obtained to acquire, possess, or carry any firearm.  A person can obtain a license for up to three firearms (with certain exceptions, such as for licensed firearms dealers).  The Bill reduces the number of permitted firearms from three to one.  This includes licenses given on inheritance or heirloom basis.  The Bill provides a time period of one year to deposit the excess firearms with the officer-in-charge of the nearest police station or with a licensed firearm dealer as specified.  If the owner is a member of the armed forces, the firearm may be deposited with a unit armoury.  The excess firearms will be delicensed within 90 days from the expiry of the one-year period.
   
• The Bill also increases the duration of the validity of a firearm license from three years to five years.
   
• Ban on firearms: The Act bans manufacture, sale, use, transfer, conversion, testing or proofing of firearms without license.  It also prohibits shortening of firearm barrel or conversion of imitation firearms into firearms without a license.  The Bill additionally prohibits obtaining or procuring un-licensed firearms, and the conversion of one category of firearms to another without a license.  It also allows members of rifle clubs or associations to use any firearm for target practice instead of only point 22 bore rifles or air rifles. 
   
• Increase in punishment: The Bill amends the punishment in relation to several offences.  The Act specifies the punishment for: (i) dealing in un-licensed firearms, including their manufacture, procurement, sale, transfer, conversion, (ii) the shortening or conversion of a firearm without a licence, and (iii) import or export of banned firearms.  The punishment for these offences is between three years and seven years, along with a fine.  The Bill increases the punishment to between seven years and life imprisonment, along with a fine.
   
• The Act punishes acquisition, possession or carrying of prohibited ammunition without a license, with imprisonment between five and ten years, along with fine. The Bill increases the punishment to imprisonment between seven and 14 years, along with fine.  A court may impose a punishment of lesser than seven years, with recorded reasons. 
   
• The Act also punishes dealing in prohibited firearms (including their manufacture, sale and repair) without a license, with imprisonment between seven years and life imprisonment, along with fine. The Bill increases the minimum punishment from seven years to 10 years.  The punishment for cases in which the usage of prohibited arms and ammunition results in the death of a person has been revised from the existing punishment of death to death or life imprisonment, with fine.  
   
• New offences: The Bill adds news offences.  These include: (i) forcefully taking a firearm from police or armed forces, punishable with imprisonment between 10 years and life imprisonment, along with fine, (ii)  using firearms in a celebratory gunfire which endangers human life or personal safety of others, punishable with imprisonment of up to two years, or fine of up to one lakh rupees, or both.  Celebratory gunfire refers to use of firearms in public gatherings, religious places, marriages or other functions to fire ammunition.
   
• The Bill also defines offences committed by organised crime syndicates and illicit trafficking. “Organised crime” refers to continuing unlawful activity by a person, either as a member of a syndicate or on its behalf, by using unlawful means, such as violence or coercion, to gain economic or other benefits.  An organised crime syndicate refers to two or more persons committing organised crime.  Possession of firearms or ammunition by a member of a syndicate, in violation of the Act, will be punishable with imprisonment between 10 years and life, along with a fine.  This punishment will also apply to to anyone dealing in un-licensed firearms (including its manufacture or sale), converting a firearm without license, or importing or exporting firearms without license, on behalf of a syndicate.
   
• The Bill defines illicit trafficking to include the trade, acquisition, sale of firearms or ammunitions into or out of India where the firearms are either not marked as per the Act or violate the provisions of the Act. Illicit trafficking is punishable with imprisonment between 10 years and life, along with a fine.
   
• Tracking of firearms: The central government may make rules to track firearms and ammunition from manufacturer to purchaser to detect, investigate, and analyse illicit manufacturing and trafficking.

Tougher Gun Laws Than the US

When the police officer-in-charge files his or her report, the state licensing authority then decides if the applicant can be granted a license. All reasons for acceptance or rejection are meant to be meticulously and electronically documented.

An arms license comes with its own unique identification number (UIN) and a license book. Upon acquiring a licence, the applicant must procure a firearm within two years. This isn’t easy either. Civilians are allowed to purchase only Non-Prohibited Bore (NPB) category weapons.

This means that bolt action guns, and semi-automatic weapons are prohibited for civilians but can be procured in exceptional cases, like for security purposes of celebrities, politicians, or anyone whose life is at constant risk by nature of their profession. Fully automatic weapons, ie: guns that discharge as long as the trigger is pushed down, and weapons that can discharge gases, are thoroughly banned and can be possessed by no one.

The Indian Ordinance Factory is the only legal manufacturer of arms in India, and all purchases are to be made from weapons it has produced. Import of weapons is disallowed without explicit permission. Guns can be purchased either at a factory outlet near the licensee or through a licensed arms dealer only

Restrictions on Gun Ownership

To apply for the purchase of a weapon, the form must not only include copies of the licensee’s documents such as photos and license, but also have no-objection certificates (NOC) from licensing authorities for the police and the factory.

Additionally, once the gun is purchased, transporting it to the licensee also requires a transport license on the part of the arms dealer.

Upon procuring a weapon, the owner is required to submit it for inspection to the local licensing authority. The officer retains the weapon, examines it for authenticity and safety, and then marks it down in the owner’s license book as well as in their own records.

Possessing a gun comes with its own set of restrictions too. For guns that are procured for crop protection or threat from wildlife, surrendering them after the harvest season is mandatory under the Wildlife Protection Act of 1972. During election season, all weapons need to be temporarily surrendered to the licensing authority to maintain calm.

On a normal day, citizens with guns have to first ensure they have a holster or a sack that will fit their gun snugly, and also make sure that they do not flaunt the weapon in public. Additionally, citizens aren’t allowed to carry guns into gun-free zones such as schools, hospitals, theatres, malls, restaurants, and nearly any public place.