The Arms (Amendment) Act of 2019 has been a topic of debate, particularly in relation to the societal challenges and issues it presents. The discussion has been sparked by recent events in the United States, where two mass shootings occurred within an 11-day timeframe that resulted in over 30 fatalities, including elementary school children. In 2020, there were 24,576 reported homicides in the U.S., with roughly 79% (19,384 incidents) involving firearms. The regulation of firearms in the U.S. is split among federal, state, and local governments, facilitated by the second amendment of the U.S. constitution that protects the right to “keep and bear arms” for self-defence.
Understanding India’s Gun Control Legislation
The Arms Act of 1959 aims for comprehensive coverage of matters related to the acquiring, possessing, manufacturing, selling, importing, exporting, and transporting of arms and ammunition in India. For obtaining a gun license in India, the applicant must be at least 21 years old, have no convictions involving violence or moral turpitude five years prior to application initiation, not be of ‘unsound mind’, and not pose a threat to public safety and peace.
The licensing authority, or the Home Ministry, involves the nearest police station’s officer in command to thoroughly vet the applicant and submit a report about them within a stipulated period. Importantly, no property qualification is needed for acquiring a gun license.
Key Features and Amendments to the Act
The Act defines ‘prohibited arms’ as those discharging any harmful liquid or gas, or weapons that require pressure to be applied on a trigger for discharge. It allows the use of a smooth bore gun with a barrel no less than 20 inches for crop protection or sport. No entity can sell or transfer a firearm that doesn’t bear the name of the maker, manufacturer’s number or any other visible or stamped identification mark.
In 2019, the Arms Act was amended, reducing the number of firearms an individual can procure from three to two. The validity of the license was extended from three to five years, and specific provisions were added to curb the use of licensed weapons for maintaining social harmony.
Punishments Under the Act
The penalty for acquiring, possessing or carrying prohibited ammunition without a license has been increased to imprisonment between seven and 14 years, along with a fine. The act also prohibits the conversion of one category of firearms to another sans a license. Unauthorised manufacture, sale, and transfer could result in a minimum seven-year prison term, potentially extending to life, along with fines.
The Way Forward
Stricter gun control measures and severe restrictions on who can purchase or possess a weapon is one way forward. Critics argue that American laws are too lax and lenient in this aspect. India should also consider revising and tightening its laws related to acquiring and possessing firearms to keep pace with current societal realities.
Last Modified: February 15, 2024