Gun Ownership Regulation in India

Introduction

Gun ownership is a contentious topic globally, and India is no exception. With a history rich in diverse cultural and political influences, the country's stance on firearm regulation reflects a balance between the right to self-defence and the need to maintain public safety. This blog explores the regulatory framework governing gun ownership in India, its implications, and the challenges it faces.

The Arms Act of 1959

The primary legislation governing firearms in India is the Arms Act of 1959. It aims to curb the proliferation of illegal weapons while ensuring that citizens can own firearms for legitimate purposes such as self-defence, sports, and agriculture. This law categorises guns into three groups: non-prohibited bore, prohibited bore, and prohibited arms. It outlines the licensing requirements for each category and prohibits the use of certain weapons, such as automatic firearms and assault rifles with military-style features.

The key provisions of the Act include:

1. Licensing (Section 3):

• License for Acquisition and Possession of Firearms and Ammunition.
• License required for acquiring, possessing, or carrying firearms/ammunition. Exceptions for repair or renewal with written authority.
• Maximum two firearms allowed. Deposit excess firearms within one year if over the limit at the commencement of the Arms (Amendment) Act, 2019.
• Exemption for licensed dealers and recognised rifle club/association members using .22 bore or air rifles for target practice.
• Provisions for firearm deposit under section 21(2) apply similarly to deposits under section 21(1).

2. Categories of Firearms (Section 2): The Act classifies firearms into two categories: Prohibited Bore (PB) and Non-Prohibited Bore (NPB). PB firearms are typically reserved for military and law enforcement agencies, while NPB firearms can be owned by civilians under specific conditions.
3. Restrictions on Ammunition (Section 10): Section 10 ensures strict control over arms trafficking and misuse while allowing for lawful personal and sporting use. Importing and exporting arms or ammunition requires a valid license.

Exceptions:

• Personal Use: Legally entitled individuals may import/export reasonable quantities for personal use without a license.
• Tourists: Specified tourists can bring arms/ammunition for sport without a license, subject to conditions.
• Tourist Definition: A tourist is a non-Indian citizen visiting for up to six months for recreation or official meetings.
• Customs Authority: Customs officials can detain arms/ammunition if there's doubt about legality, quantity, or intended use until they get orders from the Central Government.
• Domestic Transport: Moving arms/ammunition within India, including across non-Indian territories, is treated as import/export.

4. Renewal and Monitoring (Section 15):

• Section 15 establishes the duration of licenses and the renewal process, ensuring compliance and periodic review of license holders.
• Initial Duration: A license under Section 3 is valid for five years from the date of issuance, with the option for a shorter period if requested or deemed necessary by the licensing authority.
• Renewal: License holders must present the license, firearm, and related documents every five years for renewal.
• Other Provisions: Licenses under different sections are valid as determined by the licensing authority and are renewable for the same period.
• Process: Renewal is subject to the provisions of Sections 13 and 14, which govern the grant and renewal of licenses.
• Authority Discretion: The licensing authority may decide not to renew a license based on specific reasons recorded in writing.
  
  Case Law - Ramanbhai Naranbhai Patel v. State of Gujarat (2000): The Supreme Court ruled that the right to bear arms is not a fundamental right under the Indian Constitution, and that the government has the power to regulate firearms to ensure public safety.

The Arms Rules of 2016

• Evolving security challenges and technological advancements raised the need to replace the Arms Rules of 1962 with the Arms Rules of 2016. These new rules introduced stricter norms for obtaining licenses and enhanced the regulatory framework.
• The Indian Arms Rules of 2016 provide a robust framework for regulating firearms, covering licensing, manufacturing, sale, possession, and transportation. These rules require thorough background checks and mandatory training for license applicants.
• Manufacturers and dealers must maintain detailed records and undergo regular inspections. The rules also limit individuals to owning a maximum of two firearms. Overall, the Arms Rules of 2016 aim to balance the right to own firearms with public safety concerns.

Some important changes are given below:

1. Increased Scrutiny (Rule 12):

• Rule 12 ensures licenses are granted only when there is a genuine need and potential threat, aligning with the Act's objective of regulating arms for public safety.
• Obligations of Licensing Authority: Rule 12 applies to licenses for restricted or permissible arms and ammunition as specified in Schedule I.
• Considerations for Restricted Arms: Licensing authority may consider applications from individuals facing grave threats, officials at risk due to duties, MPs/MLAs with anti-extremist ties, families of at-risk individuals, and others with legitimate reasons. Before granting a license, the authority must verify the need based on recommendations and police reports.
• Considerations for Permissible Arms: Applications from individuals needing to protect life/property, active sports club members, and current/former defence or police personnel may be considered. Decisions should be based on police reports and assessment.

1. Training Requirements (Rule 10): Applicants must undergo mandatory training in firearm handling and safety before obtaining a license.
2. Enhanced Record-Keeping (Rule 11): The Rules require detailed record-keeping by firearm dealers and periodic inspections by authorities to prevent illegal sales.
3. Restriction on Number of Firearms (Rule 15): Civilians are now allowed to own a maximum of two firearms, down from three under the previous rules.

Challenges and Criticisms

Despite the comprehensive and strict regulatory framework, gun ownership regulation in India faces several challenges:

1. The black market for firearms remains a significant issue, with illegal weapons often used in criminal activities and communal violence.
2. The effectiveness of the regulatory framework is hampered by implementation gaps, including corruption and inefficiency within the licensing authorities.
3. Critics argue that the stringent regulations make it difficult for law-abiding citizens to obtain firearms for self-defence, particularly in areas with high crime rates.
4. There is a lack of widespread awareness and education on the responsible use of firearms, leading to accidents and misuse.

Conclusion

Gun ownership regulation in India is a delicate balancing act between ensuring public safety and respecting individual rights. Compared to countries like the United States, where the regulatory framework guarantees the right to bear arms, India's regulatory approach is more restrictive, prioritising public safety over individual gun ownership rights. The Arms Act of 1959 and the Arms Rules of 2016 provide a robust framework, continuous efforts are needed to address the challenges and improve implementation. Enhancing public awareness, strengthening law enforcement, and promoting responsible gun ownership are crucial steps toward achieving this balance. As India navigates this complex issue, the ultimate goal remains to protect the safety and security of its citizens while upholding their rights.

References

1. Rishi Kumar Bharti & Tripti Mishra, The Effects of Gun Control Laws on Violent Crime Rates in India: A Comparative Study of States with Different Policies , 6 INT'l J.L. MGMT. & HUMAN. 2857 (2023).
2. Ramanbhai Naranbhai Patel v. State of Gujarat, (2000) 1 SCC 358
3. Arms Act, 1959, Ministry of Home Affairs, Government of India.
4. Arms Rules, 2016, Ministry of Home Affairs, Government of India.
5. A Guide on Law on Firearm in India, Vakilsearch.com.