The issue of gun violence is a topic of high contention and continued debate in many countries across the globe. Advocates against gun ownership frequently point to incidences of mass shootings in public spaces, advocating for a total ban on civilian gun acquisitions. Recently, concerns about the growing gun culture in India have also surfaced. On the other side of the argument, some individuals insist that the presence of guns can deter criminal activities by increasing the risk factor for potential perpetrators. This article will delve into the rationale behind access to guns, the current state of gun ownership in India, and Indian gun control laws.
The Case for Access to Guns
There are those who strongly support civilian gun ownership, arguing that it can serve to deter crime by raising the risks associated with criminal conduct. Supporters highlight the difficulty in quantifying the number of lives potentially saved by armed civilians and crimes prevented due to potential victims possessing guns. Certain studies have discovered a notable negative correlation between black Americans’ access to firearms and lynching incidents, suggesting that firearm access may offer enhanced protection against such atrocities.
Status of Gun Ownership in India
A surprising revelation from the 2018 Small Arms Survey reported that India’s civilian gun ownership ranks second globally, at approximately 70 million, only following the United States. This figure seems peculiar considering that there are only 3.4 million licensed guns in India, more than a third of which belong to Uttar Pradesh residents. In 2016, India was ranked third in the world concerning gun-related homicides, with over 90 percent of cases involving unlicensed firearms. This statistic suggests that seizing illegal guns only addresses a minor part of a broader problem. As revealed by the 2020 National Crime Records Bureau report, around 75,000 firearms were confiscated that year, nearly half from Uttar Pradesh, a known hub of illicit arms manufacturing.
India’s Gun Control Laws
The Arms Act of 1959, designed to cover all aspects of acquisition, possession, manufacture, sale, import, export, and transport of arms and ammunition in India, provides a foundational legal framework for gun control. To acquire a gun license, an applicant must be at least 21 years old, not have been convicted of a violent crime or moral turpitude in the five years preceding their application, and cannot be considered of ‘unsound mind’ or a threat to public safety and peace. Upon receiving an application, the Home Ministry requests a thorough vetting report about the applicant from the nearest police station’s officer-in-charge.
Arms Amendment Act 2019
The 2019 amendment to the Arms Act introduced several changes. For one, it reduced the number of firearms an individual can own from three to two. It also extended the validity of a gun license from three to five years, added specific provisions limiting the use of licensed guns to maintain social harmony, and increased the punishment for unlawful possession, acquisition, or carrying of prohibited ammunition to between seven and fourteen years’ imprisonment, including a fine. The Act now prohibits converting one type of firearm to another without a license, laying down strict penalties for illegal manufacturing, sales, and transfers of firearms.
Looking Ahead
In light of the current situation, imposing severe gun controls and drastically limiting who can purchase or possess a weapon could be a viable way forward. Critics argue that American laws are overly lenient in this regard and advocate for stricter regulations. In response to the growing concerns about a rising gun culture, there may also be a need for India to reassess and reinforce its laws pertaining to firearm acquisition and possession.
