Arms Act

Legal Framework of the Arms Act in India 

• The Arms Act, 1959, is a law in India that regulates the possession, acquisition, and use of firearms and ammunition. It replaced the Indian Arms Act, 1878, which was enacted during British rule and imposed more stringent controls.
• The primary purpose of the 1959 Act is to ensure that only individuals with a legitimate need, such as self-defense, sporting activities, or professional use, can legally possess firearms, all while maintaining public safety.
• The legal framework of the Arms Act of 1959 is structured to regulate the acquisition, ownership, and use of firearms and ammunition in India, ensuring public safety while allowing responsible ownership under strict regulations.
• The Act aims to restrict civilian access to dangerous weapons while allowing them for lawful purposes such as self-defense or sport.
• The Arms Rules, 1962: These rules detail the implementation of the Arms Act. They cover
  • Procedures for issuing, renewing, and revoking firearms licenses.
  • Guidelines for the storage, transportation, and sale of firearms.
  • Registration requirements for arms dealers.
  • The criteria for issuing licenses include background checks and mental health assessments for applicants.
• Licensing Framework
  • Authorities: The responsibility for issuing licenses is vested in district magistrates, state authorities, and, in some cases, the central government.
  • Eligibility: Applicants must be at least 21 years old and demonstrate a valid reason for owning a firearm, such as self-defense or participation in a recognized shooting sport. They must undergo a background check to assess their suitability.
  • Ownership Limits: Recent amendments limit the number of firearms a person can own to two.
• Firearms Classification
  • Prohibited Bore (PB) and Non-Prohibited Bore (NPB): Firearms are categorized into PB and NPB types.
    • PB Weapons: These include automatic and semi-automatic weapons, generally restricted to military and law enforcement personnel.
    • NPB Weapons: These include handguns and certain types of rifles, which civilians may possess with the appropriate license.
• Regulations on Import/Export: The Act enforces strict controls on the import and export of firearms and ammunition. Only licensed importers or those with specific permission are permitted to engage in these activities, thereby helping to curb the illegal arms trade.

International Framework That Influenced India’s Arms Laws

• United Nations Programme of Action (UNPoA): The UNPoA, adopted in 2001, seeks to combat the illicit trade in small arms and light weapons. India supports the UNPoA and has implemented many of its recommendations. This includes strict domestic regulations on arms licensing, the marking of weapons for traceability, and efforts to curb illicit arms trafficking through international cooperation.
• International Tracing Instrument (ITI): The ITI, adopted in 2005, is a global agreement that enables the tracking of small and light weapons through proper marking and record-keeping. This helps in tracing firearms that have been illegally trafficked or used in criminal activities. India has implemented weapons marking systems to ensure traceability and comply with international standards for tracing.
• Wassenaar Arrangement: The Wassenaar Arrangement, a multilateral export control regime, focuses on promoting transparency and responsibility in the transfer of arms and dual-use items. It includes conventional arms and dual-use goods and technologies. India became a member of the Wassenaar Arrangement in 2017. As part of its commitments, India has enhanced its control mechanisms for the export of sensitive technologies and arms, ensuring they are not diverted to undesirable end-users or countries under sanctions.
• United Nations Security Council Resolution (UNSCR): The UNSC has adopted various resolutions aimed at preventing the flow of arms to conflict zones and terrorist organizations. Some resolutions focus on arms embargoes, while others mandate stricter controls on the export and transfer of weapons. India adheres to United Nations Security Council (UNSC) resolutions regarding arms embargoes and arms transfers to conflict zones. Its licensing authorities consider these resolutions when deciding on arms export permits to ensure compliance with international obligations.
• Bilateral and Multilateral Cooperation
  • Bilateral Agreements: India has entered into bilateral agreements with various countries to curb arms trafficking and improve cross-border security. These agreements focus on information sharing, joint investigations, and capacity-building to prevent illicit arms flows.
  • Multilateral Forums: India actively participates in international forums such as Interpol and the South Asian Association for Regional Cooperation (SAARC) to strengthen efforts against the illegal arms trade, especially in South Asia, where arms smuggling is a persistent issue.
• World Customs Organization (WCO): India works with the WCO and its Arms and Ammunition Programme to enhance border security and monitor the movement of illegal arms. Strengthened customs regulations and international coordination have improved India’s ability to prevent the smuggling of arms across its borders.

Significant Amendments 

• Restriction on the Number of Firearms
  • Previous Provision: Before the amendment, individuals were permitted to own up to three firearms.
  • Amendment: The 2019 amendment reduced the number of firearms an individual can legally own from three to two. If a person owns more than two firearms, they are required to surrender the extra firearm(s) to the government.
  • Exemptions: Sportspersons participating in shooting competitions or practicing can own more than two firearms, subject to approval from the relevant authorities. This change is reflected in Section 3 of the Arms Act, which governs licenses for the acquisition and possession of arms.
• Increased Penalties for Violations: The amendment significantly enhanced the penalties for various violations under the Act, such as
  • Illegal Possession: Unauthorized possession or manufacture of firearms now attracts a prison term of up to five years, along with fines. Sections 25(1) and 25(1B) of the Act deal with it. 
  • Using Prohibited Arms: The punishment for using prohibited arms and ammunition in crimes was made more severe in Section 27(2) of the Act, with imprisonment ranging from seven years to life, along with a fine.
  • Illicit Trafficking: The punishment for trafficking illegal firearms or their manufacturing without a license, in Section 25(8) of the Act, was increased to 10 years to life imprisonment, along with a fine.
• Introduction of New Offenses
  • Celebratory Gunfire: The 2019 amendment made in Section 25(9) of the Act, the practice of celebratory gunfire, which often leads to accidental injuries or fatalities, is a punishable offense. Any act of celebratory firing that endangers human life or personal safety may result in imprisonment for up to two years, a fine of up to ₹ 1 lakh, or both.
• Definition of Illicit Trafficking: The amendment introduced a specific definition of illicit trafficking in firearms and ammunition. This includes the unlawful import, export, sale, or transfer of firearms and ammunition, with severe punishments for those involved. Section 25(8) of the Act deals with the sentence.
• Enhanced Regulations on Arms Manufacturers: The amendment in Section 44 introduced stricter regulations for arms manufacturers and dealers. It requires them to maintain more detailed records and comply with stringent reporting standards. This move aims to prevent the manufacture of illegal arms and ensure that manufacturers operate within the law.
• Licensing provisions: The Arms Act, 1959, regulates firearm licensing in India, requiring individuals to obtain a license for the acquisition, possession, or carrying of firearms. Key provisions include
  • Mandatory License: Section 3 states that no individual shall acquire, possess, or carry any firearm or ammunition without a valid license issued under the provisions of the Act.
  • Eligibility: Applicants must be at least 21 years old and provide valid reasons for owning a firearm. This is further supported by Section 9, which outlines the disqualifications for obtaining a license.
  • License Limit: The Arms (Amendment) Act, 2019, restricts individuals to owning a maximum of two firearms. This change is reflected in Section 3, which previously allowed ownership of three firearms.
  • Validity and Renewal: Section 15 states that licenses are valid for five years and must be renewed. Misuse can lead to suspension or revocation, as described in Section 17, which outlines the conditions under which licenses may be revoked.
  • Firearms Dealers and Manufacturers: Section 5 mandates that dealers and manufacturers must obtain licenses and comply with stringent regulations regarding record-keeping and inspections.
  • Sportspeople: Professional shooters may apply for more than two firearms and can import firearms for competitions with special permission.
  • Transfer and Inheritance: Firearm transfers require approval, and inherited firearms must be licensed by the inheritor or surrendered, as outlined in Section 21, which deals with the deposit of arms.

Penalties in the Event of Violation 

• Possession of Unlicensed Firearms: Individuals found in possession of firearms or ammunition without a valid license can face severe punishment. This also applies to those found with expired licenses. Penalty: Imprisonment ranging from 2 to 5 years and a fine, as stipulated under Section 3 and Section 25(1B) of the Arms Act, 1959.
• Manufacture and Sale of Illegal Firearms: The illegal manufacture, sale, or transfer of firearms is considered a serious offense. Stringent penalties are in place to prevent the spread of illicit weapons. Penalty: Imprisonment ranging from 7 years to life, with a fine under Section 25(1) of the Arms Act.
• Illicit Trafficking of Arms: Any involvement in the smuggling or illegal transfer of firearms, including cross-border trafficking, attracts severe punishment to combat the illegal arms trade. Penalty: Imprisonment ranging from 10 years to life, along with a fine as per Section 25(8). 
• Use of Prohibited Arms: Prohibited arms include automatic or semi-automatic firearms, which are not allowed for civilian use. Using such firearms without authorization in any capacity is a serious crime. Penalty: Imprisonment for a minimum of 7 years, which may extend to 14 years, and shall also be liable to a fine under Section 27(2). 
• Celebratory Firing: Firing firearms during celebrations or social events (e.g., weddings), which may cause injury or death, is a punishable offense under the amended law. Penalty: Imprisonment of up to 2 years or fine, or both as per Section 25(9). 
• Possession of Firearms in a Notified Area: Possessing firearms in areas declared as disturbed or sensitive by the government without appropriate authorization can lead to imprisonment. Penalty: Imprisonment for a minimum of 7 years, which may extend to life imprisonment, and shall also be liable to a fine as per Section 25 (1AAA).
• Carrying a Firearm in a Prohibited Place: Carrying firearms in prohibited places, such as government buildings or sensitive locations, without prior permission, is an offense. Penalty: Imprisonment for a minimum of 7 years, which may extend to life imprisonment, and shall also be liable to a fine as per Section 25 (1AAA) 
• Altering or Removing Firearm Identification Marks: Tampering with identification marks (such as serial numbers) on firearms to make them untraceable is a criminal offense under the Act. Penalty: Imprisonment for a minimum of 2 years, which may extend to 5 years, and shall also be liable to a fine as specified in Section 25(1B).
• Illegal Import or Export of Firearms: Importing or exporting firearms without proper licenses or through unauthorized channels is strictly prohibited and attracts serious legal consequences. Penalty: Imprisonment for a minimum of 2 years, which may extend to 5 years, and shall also be liable to a fine as per Section 25(1B).
• Violation by Arms Dealers or Manufacturers: Licensed arms dealers and manufacturers who violate the conditions of their license or engage in illegal activities face penalties, including suspension or cancellation of their permits and imprisonment. Penalty: Imprisonment for a minimum of seven years, which may extend to life imprisonment, and shall also be liable to a fine (Section 25 (1)).  
• False Information or Forging Documents for Obtaining a License: Providing false information or forged documents to obtain a firearms license is an offense under the Arms Act. Penalty: Imprisonment for a minimum of 6 months, or a fine of ₹ 2000, or both as per Section 30.

How to Report an Offense Under the Arms Act?

• Filing an FIR at the Police Station: Begin by reporting the offense at the nearest police station and provide a detailed description of the violation. 
• Providing Evidence of Violation: Submit any evidence, such as photographs or witness statements, supporting the offense. 
• Ensuring Investigation with Specific Charges: Request that police enforce Section 25 for cases involving any breach of license conditions, as this section outlines penalties for possessing or handling firearms in violation of the Act. Additionally, for cases where firearms are used to inflict severe harm, apply Section 27, which imposes stringent penalties, including life imprisonment or capital punishment in cases causing death.
• Escalating the Matter if Necessary: Should there be any delay in filing or investigating, approach the District Superintendent of Police for intervention.
• Proceeding with Court Action: Once the investigation is complete, the police will file a charge sheet under the applicable Sections (including Section 3, 5, 7, 25, and 27) to initiate legal proceedings in court. Each section outlines specific restrictions and penalties, ensuring a comprehensive approach to prosecuting the offense.

How Can Seasoned Advocates Help You?

• Legal Advice: Provides in-depth guidance on the interpretation and application of the Arms Act of 1959 and its amendments. This includes advice on acquiring and renewing firearm licenses, navigating eligibility criteria, and understanding firearm classifications. Ensures that clients or stakeholders comply with all legal requirements to avoid penalties. For cases involving the import/export of firearms, they provide guidance on compliance with both domestic and international frameworks, such as the UN Programme of Action (UNPoA). This is crucial for arms dealers, manufacturers, or importers/exporters, ensuring they meet both national and international obligations.
• Licensing and Compliance: Assists individuals or organizations in applying for firearms licenses, preparing documentation, and ensuring compliance with the Arms Rules of 1962. Additionally, assists in cases involving license revocation, suspension, or appeal decisions through the appropriate legal channels.
• Litigation: Represents individuals accused of violations under the Arms Act, such as illegal possession, trafficking, or criminal use of firearms. Expertise would be crucial in constructing a defense, negotiating penalties, or navigating legal loopholes where applicable. 
• Education and Training: Provides education and training on arms regulations to individuals, organizations, and law enforcement agencies. This ensures that all stakeholders understand their legal responsibilities and the consequences of violations.

Conclusion

The arms laws are typical in India. Possessing unlicensed arms may lead to severe consequences. Whether you are an Arms dealer, a sportsman, or anyone carrying Arms, you have to comply with the rules and regulations furnished in the legislation for a valid possession of Arms. Violation or non-compliance with the laws and regulations may lead to an FIR against you, and you may be prosecuted for a criminal trial, and there may be severe penalties if found guilty. To know more, contact us.