Definition:
The law on firearms in India is governed by
Indian Arms Act 1959 which
provides guidelines for keeping arms. It is an act of parliament which has
repealed the earlier act of 1878 and this act has been passed only to curb the
menace of keeping illegal weapons and possible threat of violence arising from
them and made impossible for Indian to keep weapons because to ensure that if
there were any Indian uprising it would be less effective also the Arms Rules
1962 of India prohibits the sale, manufacture, possession, acquisition,
import, export and transport of firearms and ammunition unless under a license
and is a stringent process. Indian Government has monopoly over production
and sale of firearms, with the exception of some breech loading smooth bore
shotguns, of which a limited number may be produced and imported.
The Arms Act classifies firearms into two categories: Prohibited Bore and
Non-Prohibited Bore where all semi-automatic and fully automatic firearms fall
under the Prohibited Bore category. Any firearm which can chamber and fire
ammunition of the caliber .303, 7.62mm; 410,380; .455; .45 rimless; 9mm is
specified as Prohibited Bore under The Arms Act of 1962. Smooth bore guns having
barrel of less than 20" in length are also specified as Prohibited Bore guns.
History of The Act:
In India during British rule the arms act 1878 was passed by Britishers.
After the 1857 Revolt, the responsibility of ruling India was taken by the
Britishers and in 1858 Lord Lytton became the Viceroy of India and
The Indian Arms Act of 1878 was enacted during Lord Lytton’s time and this act
provide that no Indians could manufacture, sell, possess, and carry firearms.
But it was having exception that is that the English people were allowed to
manufacture, sell, possess, and carry the arms and while looking on the act it
seems to be reasonable but in practice it was very difficult for Indians to get
or obtain license and it was an punishable offence to carry a gun without
licensees for Indians and anybody who found violating the rules prescribed
under this act for carrying arms was punished with imprisonment of three years
and was liable to pay fine but an exception was provided in this act that was
some groups and persons such as all persons of Kodava race were allowed to kept
arms without licences .
Thus in one blow the British restricted the ownership of guns during the days of
the Raj that is the period from 1858-1947. And in 1918 Gandhi voiced
disapproval of the act because it was depriving whole nation of arms as the
blackest and said if we want Arms Act to be repealed, if we want to learn the
use of arms, here is a golden opportunity If the middle classes render voluntary
help to Government in the hour of its trial, distrust will disappear, and the
ban on possessing arms will be withdrawn.
Reasons For Passing Arms Act:
The British Raj popularly referred to as just ‘the Raj’ is generally accepted as
the period from 1858 to 1947. And during this period India came under the
control of British crown and in 1858 when the proclamation was made and Queen
Victoria took over as empress of India and rule of east India company had came
to end after this proclamation and this was the direct consequence of the
armed insurrection against East India company rule in 1857-1858 by Indian
soldiers and rulers and as a result of the first war of Independence was
crushed and the British now turned their attention to governing this vast nation
of 250 million people.
Before 1857 there was no gun control law in India. any
Indian could own any weapon of any caliber but after 1857 they thought their
empire will no longer remain stand because everyone was allowed to kept weapons
and they passed the Arms act 1878 to prevent any such possible uprising against
their empire and allowed only few groups to kept arms till it was amended in
1959.
And the Viceroy appointed a committee which concluded that
local Indians should have restricted access to arms and weapons. It however made
an exception in the case of Anglo Indians and British rulers who were free to
own weapons. The gun license was introduced to restrict Indians from owning
weapons. In 1877 the Indian arms act was promulgated and it remained in force
till 1947 and another 12 years thereafter.
Is This Act Serving Purpose Successful Or Not:
Now the
question arises how far this act has become successful in tackling gun related
violence in India among civilians and answer is that it has not served the
purpose for which it was passed and enacted as the India stands at second number
in respect of murders and these fire arms are becoming much dangerous than
terrorist because in the year 2000 some 252 civilian died due to terrorist and
insurgency related voilances and in the same year 43,353 were murdered by
criminals or in other words by ordinary people known to the victims The number
of people murdered was 170 times more than the figure of terror victims. The
year was not an exception. This has been a pattern since 2000.
And these figures put India in the world ranking at number second in the list of
countries were intentional murders and homicides are high as per the data
national crime bureau 43353 deaths occurred in 2012 due to guns and the Brazil
tops the list among te list of countries having higest deaths due to gun
voilance with 58000 in 2012. According to Robert Muggah, the founder and
research director of Igarape.
In an exclusive interview with The
Wire at the think-tank’s headquarters the Muggah said that in contrast to
well-known gun violence in the Americas and Africa the problem of homicides is
absent from public security and development agendas in India.
It’s
not just the high murder numbers that are a matter of concern, the causes as
analyzed by the monitor behind the homicides are even more worrying. Tens of
thousands of Indians are killed in everyday casual violence with intimate
partners or between youths who are inimical to each other. This kind of violence
doesn’t hit the national headlines, but it does a follow a pattern that makes
India a dangerous country and cities which are most dangerous these are UP and
Bihar. Though gun-related violence in India, according to the Homicide Monitor,
is concentrated in Manipur, Nagaland, Bihar, Jharkhand, Jammu and Uttar Pradesh,
which together account for over 60 percent of all registered homicides involving
a firearm, India is following the old pattern of a spike in the murder rate with
rapid economic growth accompanied by income and social inequality.
This kind of explosive
situation exists all across India, but it’s more pronounced in smaller cities.
According to the Homicide Monitor data, the most violent places in India are not
mega-cities, but rather mid-sized cities of between one and three million
people. Four of the top five most violent cities in terms of murder by firearms
are located in Uttar Pradesh. “Big cities like Delhi and Mumbai are not
necessarily the most dangerous places. The smaller, medium-sized cities in India
face the biggest challenge and the countryside too those cities are outside the
public gaze, says Muggah, adding that unregulated urbanisation could be the
reason for growing violence. Latin America transited from rural to urban society
in the space of two generations; India is going to do it probably in less than
one. So it’s the medium and small cities, which you have never heard of that are
going to have the maximum concentration of homicides. You better be alert to
this.
As per the data and reports as mentioned it is high time for India to take
lesson from what has has happened in latin America experience in order to
prevent themselves from going down the same path as the Globally, homicide
rates have been declining. In India, the official homicide rate – as per NCRB
data - was 4.5 in 2000 and today it is 3.5. The UN figure for India is still
4.5 it is not rising but leveling off. But the absolute number of murders has
almost stayed the same since 2000. India doesn’t fall into the category of
hyper-violent societies, but the still the high number of murders that take
place in India make it one of the most dangerous countries in the world and it
is time for India to immediately address this issue as the addressing issues
like urbanization and job creation will take time definitely, but India can make
a beginning by breaking its silence on the problems of everyday violence.
Authorities Authorized To Provide License:
Before 1987 licenses for acquisition and possession of both Prohibited Bore and
Non Prohibited Bore firearms could be given by the state government or District
magistrate but later the power to issue licenses for Prohibited Bore firearms
became the responsibility of the central government and The licenses issued
under tis act are valid of 3 years and after the expiry of the this period these
licenses need to be renewed and this rule also covers the sale of firearms and
both parties involved need to possess the permit.
Criteria For Issuing License:
The criteria which are
considered during the issue of Non Prohibited Bore firearm permits are whether
the person faces threat to life these firearm licenses are strictly regulated
Prohibited Bore firearms criteria is even more strictly applicable for a
person especially having a government position who faces immediate danger or
threats, family members of such people and a person whose occupation by nature
involves open threats and danger. Acquiring a Prohibited Bore license has
become next to impossible as of 2014 because these are highly regulated. Persons
eligible for Prohibited Bore licenses are also frequently rejected on basis of
national security grounds. Exceptions are defense officers who are allowed to
keep firearms without licenses under the Defense Service rule until they
complete their service and a handful of professional shooters.
Types of Guns Permissible:
The most common firearm
which are given to those persons who were eligible to keep arms under this Act
are Double barreled shotgun of 12 gauge also known as DBBL 12 Bore , common
firearms are0.315 Bolt Action Rifle (magazine capacity of 5 cartridges) and0 .32
Smith&Wesson Long revolvers (chamber capacity of 6 cartridges) these are some
common arms which are given to license holders under this act.
Gun law in the United States:
Gun laws in the United States are found in a number of state and federal
statutes. These laws regulate the manufacture, trade, possession, transfer,
record keeping, transport, and destruction of firearms, ammunition, and firearms
accessories. They are enforced by state agencies and the federal Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF).
In addition to federal and state gun laws some local governments have their own
laws that regulate firearms. The right to keep and bear arms is protected by the
Second Amendment to the United States Constitution. The second amendment to the
constitution was established to protect citizens of the nation against the
possibility of tyranny, arising from within their government. The importance of
gun ownership was critical to the protection of all citizens after the British
made several attempts to take over the stockpiles of gun powder of the colonies,
which would have left them powerless to defend themselves against the king and
his army.
Eligible persons:
The following persons are eligible to possess and own firearms within the United
States though further restrictions apply:
• Citizens of the United States
• Nationals but not citizens of the United States
• Lawful permanent residents of the United States (commonly known as "green
card" holders)
• Aliens who have been lawfully admitted to the United States under a
non-immigrant VISA[21][22] if that alien falls under one of the following
exceptions
1. admitted into the United States for lawful hunting or sporting purposes
2. possesses a lawful hunting license or permit issued by any US state
3. an official representative of a foreign government who is accredited to the
United States Government or the Government's mission to an international
organization having its headquarters in the United States or is en route to or
from another country to which that alien is accredited
4. an official of a foreign government or a distinguished foreign visitor who
has been so designated by the Department of State
5. a foreign law enforcement officer of a friendly foreign government entering
the United States on official law enforcement business
6. has received a waiver from the United States Attorney General as long as the
waiver petition shows this would be in the interests of justice and would not
jeopardize the public safety under 18 U.S. Code § 922(y)(3)(c)
7. non-resident of any US state unless the receipt of firearms are for lawful
sporting purposes
Each state has its own laws regarding who is allowed to own or possess firearms,
and there are various state and federal permitting and background check
requirements. Controversy continues over which classes of people, such as
convicted felons, people with severe or violent mental illness, and people on
the federal no-fly list, should be excluded. Laws in these areas vary
considerably, and enforcement is in flux.
Ineligible persons:
Gun Control Act (codified at 18 U.S.C. § 922(g),(n),(d) makes it unlawful for
certain categories of people to ship, transport, receive, or possess firearms or
ammunition, to include any person:
• convicted in any court of a "crime punishable by imprisonment for a term
exceeding one year
• who is a fugitive from justice;
• any person under indictment for a "crime punishable by imprisonment for a term
exceeding one year"
• who is an unlawful user of or addicted to any controlled substance (as defined
in section 102 of the Controlled Substances Act, codified at 21 U.S.C. § 802);
• who has been adjudicated as a mental defective or has been committed to any
mental institution;
• who is an illegal alien
• who has been discharged from the Armed Forces under dishonorable conditions;
• who has renounced his or her United States nationality/citizenship;
• who is subject to a court order restraining the person from harassing,
stalking, or threatening an intimate partner or child of the intimate partner;
or
• who has been convicted of a misdemeanor crime of domestic violence
The above categories are addressed on the ATF Firearms Transaction Record 4473
background check form. According to the US Sentencing Commission, approximately
5,000 to 6,000 people a year are convicted of receiving or possessing a firearm
against one of the prohibitions above. In 2017, over 25.2 million actual
background checks were performed in total.
Gun violence in the United States results in tens of thousands of deaths and
injuries annually.
In 2013, there were 73,505 nonfatal firearm injuries (23.2
injuries per 100,000 persons), and 33,636 deaths due to "injury by firearms"
(10.6 deaths per 100,000 persons). These deaths consisted of 11,208 homicides,
21,175 suicides,[7] 505 deaths due to accidental or negligent discharge of a
firearm, and 281 deaths due to firearms use with "undetermined intent". The
ownership and control of guns are among the most widely debated issues in the
country.
In 2012, there were 8,855 total firearm-related homicides in the US, with 6,371
of those attributed to handguns In 2012, 64% of all gun-related deaths in the
U.S. were suicides.
In 2010, there were 19,392 firearm-related
suicides, and 11,078 firearm-related homicides in the U.S.[11] In 2010, 358
murders were reported involving a rifle while 6,009 were reported involving a
handgun; another 1,939 were reported with an unspecified type of firearm.
Firearms were used to kill 13,286 people in the U.S. in 2015, excluding suicide.
Approximately 1.4 million people have died from firearms in the U.S. between
1968 and 2011. This number includes all deaths resulting from a firearm,
including suicides, homicides, and accidents.
Compared to 22 other high-income nations, the U.S. gun-related murder rate is 25
times higher. Although it has half the population of the other 22 nations
combined, the U.S. had 82 percent of all gun deaths, 90 percent of all women
killed with guns, 91 percent of children under 14 and 92 percent of young people
between ages 15 and 24 killed with guns.
Gun violence is most common in poor urban areas and frequently associated with
gang violence, often involving male juveniles or young adult males. Although
mass shootings have been covered extensively in the media, mass shootings in the
US account for a small fraction of gun-related deaths and the frequency of these
events steadily declined between 1994 and 2007, rising between 2007 and 2013.
Legislation at the federal, state, and local levels has attempted to address gun
violence through a variety of methods, including restricting firearms purchases
by youths and other "at-risk" populations, setting waiting periods for firearm
purchases, establishing gun buyback programs, law enforcement and policing
strategies, stiff sentencing of gun law violators, education programs for
parents and children, and community-outreach programs. Despite widespread
concern about the impacts of gun violence on public health, Congress has
prohibited the Centers for Disease Control (CDC) from conducting research that
advocates in favor of gun control. The CDC has interpreted this ban to extend to
all research on gun violence prevention, and so has not funded any research on
this subject since 1996.
Firearms policy in the United Kingdom
In the United Kingdom, access by the general public to firearms is tightly
controlled by law which is much more restrictive than the minimum rules required
by the European Firearms Directive, but it is less restrictive in Northern
Ireland. The country has one of the lowest rates of gun homicides in the world
There were 0.05 recorded intentional homicides committed with a firearm per
100,000 inhabitants in the five years to 2011 (15 to 38 people per year). Gun
homicides accounted for 2.4% of all homicides in the year 2011.[2] There is some
concern over the availability of illegal firearms. Office for National
Statistics figures show 7,866 offences in which firearms were involved in the
year ending March 2015, 2% up on the previous year and the first increase in 10
years. Of these, 19 were fatalities, 10 fewer than the previous year and the
lowest since records began in 1969.[6] There was a further rise to 8,399 in the
year ending March 2016, the highest number in four years, but significantly
lower than the all-time high of 24,094 in 2003/04. Twenty-six resulted in fatal
injuries.
Members of the public may own sporting rifles and shotguns, subject to
licensing, but handguns were effectively banned after the Dunblane school
massacre in 1996 with the exception of Northern Ireland. Dunblane was the UK's
first and only school shooting. There has been one spree killing since Dunblane,
the Cumbria shootings in June 2010, which involved a shotgun and a .22 calibre
rifle, both legally-held. Prior to Dunblane though, there had only been one mass
shooting carried out by a civilian in the entire history of Great Britain, which
took place in Hungerford on 19 August 1987.
Police in the United Kingdom (aside from Northern Ireland) are not routinely
armed.
Fatal shootings of police are extremely rare; there were three in England and
Wales in the eleven-year period from 2000/01 to 2010/11. Armed response units
are available to deal with incidents, and as of the 31 March 2017 there were
6,278 armed officers serving in territorial police forces in England and Wales.
Comparison of India With USA:
The massacre of at least 50 people in
an Orlando, Florida, nightclub Sunday was only the latest and deadliest —in a
long string of mass shootings in the United States. In America, such mass
shootings are as horrific as they are common.
Over the last 50 years, incidents in which gunmen have murdered
four or more people have happened more than twice per year, on average. There
have been 12 such shootings in 2016 alone. Despite repeated demands that
lawmakers limit access to the deadliest guns, American gun laws remain
uncommonly permissive. Omar Mateen, the shooter in Orlando, legally purchased
the assault rifle he used to commit mass murder, according to early reports.
Florida allows its citizens to carry concealed weapons after taking a 28-hour
gun training course. Mateen possessed such a license.
In India, by contrast, gun laws are strict and
gun ownership is rare. India ranks 110th in the world in civilian firearm
ownership, with an estimated 4.2 guns per 100 people. America, by contrast,
ranks first, with 88.8 guns per 100 people, according to the Small Arms Survey.
In countries where civilian gun ownership is rare, civilian gun deaths are also
rare. Conversely, gun deaths are generally more common among armed populations.
Indian law permits citizens to obtain gun licenses, though deadlier weapons like
automatic rifles are prohibited. Obtaining a gun license is far more difficult
in India than in the United States, where the right to possess guns is protected
by the country's constitution and citizens can buy guns without background
checks.
Yet gun control advocates say India's strict licensing
requirements are undermined by easy access to guns smuggled into the country
through porous border areas in the north. You don’t have to buy with a
license, because guns are so easily available from illegal sources,†said
Binalakshmi Nepram, secretary general of the Control Arms Foundation of India.
We feel saddened about what happened in America, but we are also aware that a
similar situation can happen in India, unless the government cracks down on
weapons smuggling. Because among the 17,488 gun murders that occurred in India
from 2010 through 2014, 89 percent were committed with unlicensed guns,
according to the National Crime Record . Pointing to the low number of murders
committed with licensed guns some say such licenses should be easier to obtain.
Recent years have seen the emergence of a number of pro-gun groups who say
allowing civilians to legally arm themselves will make them safer.
But Nepram disagrees. “If guns make us safe, America should have been safest
nation in world. Yet Orlando has happened, and Sandy Hook, where school children
were shot dead, has happened,†she said. “What kind of safety is that?â€
Conclusion:
As taking above facts into consideration the law on fire arms in India is strict
regarding issuance of gun licensees to citizens but still India has 2nd highest
number of deaths due to guns and that means the arms act has failed to make
deterrence among people of India and now time has came to take necessary steps
in order to prevent situations like as prevailing USA and others countries and
government has to check where they are lacking in resolving this issues and take
appropriate steps to tackle this issue in order prevent India from ranking at
top of list and what is source of these guns who provide them and from were they
come it is and issue which needs to be immediately tackle in order to prevent
this situation becoming more worsen and make India free from gun violence as
recently in India many deaths occurred such as in up murder of SUB INSPECTOR in
UP and gold man who was wearing golden shirt and now I think it is not right
to say unknown gunman shot dead any person and how he is unknown because we
have strict law on issuing guns to people and even after that why some unknown
person has gun in his possession and were from he got and who gave him and why
government failed to keep vigil on it and control it as the present government
is trying to strict law on cow related violence why not this as many times I saw
firing in marriages and other functions so government need to redress this issue
as it most dangerous for this country because government has failed to preserve
,protect the life liberty of their citizens by not controlling this issue.
Written by: Ishfaq Ahmad Shah, School of law University of Kashmir
Srinagar
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