DR.

RAM MANOHAR LOHIYA NATIONAL LAW

UNIVERSITY, LUCKNOW.
2022-23.

BASICS OF LEGISLATION
(PROJECT)
AN OVERVIEW OF PERSONAL ARMS
OWNERSHIP & USAGE REGULATION.

SUBMITTED TO – SUBMITTED BY-

DR. SHASHANK SHEKHAR SHIVAM SHUKLA
ASSISTANT PROFFESOR B.A. LLB(Hons.)
SUB: BASICS OF LEGISLATION ENROLL. NO. -220101141
DR. RAM MANOHAR LOHIYA NATIONAL 1ST SEMESTER, SECTION-B
LAW UNIVERSITY, LUCKNOW .
1
 ACKNOWLEDGEMENT

I would like to thank and express my sincere gratitude towards Dr.

SHASHANK SHEKHAR, assistant professor (LAW) Dr. Ram Manohar Lohiya
National Law University, Lucknow. Without his valuable help it would be
impossible for me to successfully complete this project. I would sincerely thank
him for sharing his views and suggestions because of which I could improve my
project. I would thank him for providing me with his valuable time and
experience which made my task easier.
I would also like to thank the Authorities of RMLNLU which provided me with
the required environment to complete this project.
I could never forget to thank the library staff members who allowed me to
access wide range of books and provided me with the necessary material and
internet facilities, which was the prime need for the completion of the project.
I would also thank various researchers in the field of law by referring to whose
work I could complete my project.
At last, I would thank my friends whose constant support and suggestion helped
me in finishing this long journey of completing the project.

Yours sincerely,
SHIVAM

*****

2
 DECLARATION

I thereby declare that the project work entitled “AN OVERVIEW OF

PERSONAL ARMS OWNERSHIP & USAGE REGULATION” submitted to
the Dr. Ram Manohar Lohiya National Law University, Lucknow is a record of
an original work done by me under the guidance of DR. SHASHANK
SHEKHAR Assistant Professor, law, Dr. Ram Manohar Lohiya National Law
University, and this project work is submitted in the partial fulfilment of the
requirements for the award of the degree of B.A. LLB. (hons). The results
embodied in this thesis have not been submitted to any other University or
Institute for the award of any degree or diploma.

3
 INDEX

i. INTRODUCTION…………...………………………………….………5
ii. HISTORY OF ARMS LAW…………………………………..……………………………6
iii. NEED TO DISCUSS ARMS LAW…………………………….…………………………..8
iv. IMPORTANT ARMS RELATED LAW IN INDIA……………………………………...11
v. ARMS ACT 1959…………………………………………………………………………...11
vi. WHO IS ELIGIBLE FOR LICENSE……………………………………………………..12
vii. CATEGORY OF ARMS…………………………………………………………………...13
viii. GROUNDS FOR GETTING A LICENSE…………………..……………………………13
ix. PROCEDURE OF LICENSING…………………………….……………………….……14
x. GROUND FOR REFUSAL OF APPLICATION………….……………………….…….14
xi. VALIDITY OF A LICENSE………………………………………………………….……15
xii. IMPORTANT PROHIBITIONS……………………………………………………….….16
xiii. SEARCH AND SEIZURE POWER OF VARIOUS AUTHORITIES……………….…17
xiv. PENALTIES FOR OFFENCES…………………………………………………………...17
xv. ARMS ACT 2019……………………………………………………………………….…..20
xvi. KEY FEATURES: ARMS ACT 2019……………………………………………………...20
xvii. PENALTIES AND OFFENCES……………………………………………………………21
xviii. COMPARITIVE STUDY: INDIA VS U.S.A……………………………………………...23
xix. CONCLUSION……………………………………………………………………..……….26
xx. REFERENCES………………………………………………………………………………28

****

4
 INTRODUCTION:

1
Arms in literal terms as per the arms act of 1959 means articles of any
description designed or adapted as weapons for offence or defense, and includes
firearms, sharp-edged and other deadly weapons, and parts of, and machinery for
manufacturing, arms, but does not include articles designed solely for domestic
or agricultural uses such as a lathi or an ordinary walking stick and weapons
incapable of being used otherwise than as toys or of being converted into
serviceable weapons. Many of the object around us certainly qualify the
definition of arms but presently in our context we are referring arms as to guns.
Since arms and weapons are very sensitive objects which have the potential to
easily disturb the tranquility of the society, they must be regulated thoroughly and
carefully. If they have the potential to keep an individual and society safe, they
also have the potential to cripple down the society.
To prevent the rampant increases of the trade and manufacture of illegal arms the
government has strived hard and brought certain laws and rules to regulate the
presence of arms in our society. Most important arms law which mustn’t be
forgotten or ignored if we talk about arms regulation in India are
(i)Arms Act 1959.
(ii) Arms(amendment)Act 2019.
If we look at arms as an object of safety, the question whether right to bear arm
is a part of right to self- defense, which forms a facet of right to life, Article 21
must also be answered.
This question will be answered ahead with a quick comparative study of the arms
law in the two biggest democracies in the modern times i.e., India & U.S.A.

1
Arms act 1959,s 2(c)

5
 HISTORY OF ARMS LAW IN INDIA:
The history of arms law in India is very deep and evolving, great struggle
has been done for making arms to be legally available for Indians for their safety
and personal use.
After the Revolt of 1857(arms were intrinsically one of the reasons
for the beginning of the war, the speculation about the greased cartridges of the
New Enfield Rifle with cow and pig fat was the trigger point for the inception of
the war). The British government got apprehensive of the large number of arms
and weapon available with the Indian population which was a burden and
disturbing fact for the safe rule of the British Raj.
To prevent the accumulation of arms with the Indian population and reduce the
chances for another uprising Lord Lytton introduced the first arms law in Indian
history in the year 1878(INDIAN ARMS ACT, 1878). Under this act, it was
strictly prohibited for the Indian masses to own an arm(gun) without the prior
permission of the government.
The most astonishing and discriminating aspect of the act was that it didn’t bar
the Europeans from owning a weapon, it was only implemented on the Indian
population. Mahatma Gandhi and the other national leaders strongly opposed this
act and he said “Among the many misdeeds of British rule in India, history will
look upon the Act depriving a whole nation of arms as the blackest.’’ The arms
act of 1878 kept the restriction upon the Indian masses till the end of the colonial
era.
After the independence, India got its first comprehensive arms law in 1959.The
Arms Act,1959 restored the ownership right of the Indian people for owning an
arm. It was necessary for the leading citizens to own and use the arms in certain
necessary and emergency situation, thus with the arms act of 1959 owning a gun
was not made a fundamental right but a legal right. Under this act a person was
permitted to get a license for up to three weapons. Subsequently the Arms rule of
1962 also came into effect which consolidated the previous act.
There were certain arms rule which came in the year 2016, which substantially
consolidated the previous acts, The rule came into force for the safe use and
storage of arms. This act got notified on 15 July 2016, which replaced the arms
rules, 1962.
According to the Arms Rule 2106, every person applying for an arms license or
a manufacturer shall get required to complete arms and ammunition safety

6
training courses. This training involves basic knowledge of arms and
ammunition, safe handling of arms, firing technique, secure storage, care and
transportation.
The Arms rule, 2016 says that after the compilation of eligibility criteria and
police verification, authorities need to grant or refuse the arms and ammunition
license application within 60 days.
In the year 2019 the parliament passed Arms Amendment Bill,2019. It was
brought to amend the arms act of 1959.This act introduced certain new offenses
related to arms and reduced the granted number of arms on a single person from
three one. This Act also proposed a maximum life sentence for convict of
production and selling of illegal weapon.
Although there have been several acts and rules regarding the arm in India but
the most important ones are the Arms Act,1959 & Arms amendment bill,2019.

7
 NEED TO DISCUSS ABOUT THE PERSONAL ARMS
LAW.

Arms have played a great role throughout our history, whether we look
in the independence stage or later on. During the first war of independence, it was
arms that stimulated the inception of the war. The speculation about the greased
cartridges of the new Enfield rifle with pig and cows’ fat led to the sepoy mutiny
in Kanpur which ultimately stroked a war for independence throughout India.
India has had a glorious military history in which, on many occasions, armed
ordinary citizens have banded together in self-defence to ward off invaders. When
Alexander the Greek invaded India in 327 B.C.E., he had to contend with the
armed citizenry of the Jana pada republics and the monarchies, leading to his
eventual defeat and retreat.

Now we are an independent & sovereign nation. We have our own

constitution which is the supreme law of the land which gives each and every
citizen non discriminable set of rights and privileges which no one could take
from us. The law and justice system are efficient enough to safeguard and protect
our rights and liberties. Now the time has certainly changed but the need for arms
can still be not negated. Police and authority cannot be present on every instance
at every place, we have to definitely stand for ours and our loved one’s safety.
The negative elements of our society always try to take advantage of the
loopholes in our legal and policing system.

With the huge population of 1.5 billion (Approx.) and policemen count
of 144 per 100000 people, according to a report in The Mint, India’s police force
is one among the weakest police force in the world. India’s police force remains

8
 behind most countries and United-Nation’s recommendation ratio of 222. In
comparison to many other countries, India has one of the lowest numbers of
civilian firearms. It should be noted that many developed countries like Finland,
Switzerland, and the United States with strong, well-functioning state
mechanisms often have relatively liberal laws regarding firearms. The country of
Pakistan, with a population of 200 million, possesses 43 million civilian firearms.
Lebanon has 1.9 million firearms with a population of 6 million. Even though
Israel has a mere 6.7 civilian firearms per 100 people, all Jewish Israeli citizens
over the age of 18 are compulsorily required to serve in the military. In
comparison, India has an estimated total of 71 million civilian firearms out of
which a tiny fraction is legally registered with the government which, as of 2017,
has given out a mere 3.3 million licenses.

Country Population Estimate of firearms in Estimate of civilian firearms

civilian possession per 100 persons

INDIA 1,342,513,000 71,101,000 5.3

U.S.A. 326,474,000 393,347,000 120.5

PAKISTAN 196,744,000 43,917,000 22.3

AUSTRIA 8,592,000 2,577,000 30.0

SWITZERLAND 8,454,000 2,332,000 27.6

ISRAEL 8,323,000 557,000 6.7

FINLAND 5,541,000 1,793,000 32.4

With such statistics it becomes imperative to promote the license of

personal arms, but the real problem does not lie in low number of licenced arms
which leads to lower safety of the citizens but the real problem lies in the wide
manufacture and trade of illegal arms which does not account into these official

9
records and leads to an increase in crimes. Bihar police records show that from
2001 to June 2017, 41,333 illegal country made weapons and 599 illegal gun
factories were unearthed in the state and 2,29,647 cartridges were seize. This was
the record of a single Indian state. If we look at the record of whole India its will
surely blow up our mind.
The latest rash firing on Punjabi singer Sidhu Moose Wala in Mansa
district of Punjab gives us an apt example and bring into light how trade&
manufacture of illegal arms is causing harm to us and our society. There is a
constant increase in the number of gun related crimes in India. Every other day
you could find some disturbing news in the newspaper where arms have been
used to commit some heinous crime. As per a report of Delhi police there has
been an increasing trend of guns being used by criminals and gangsters with
impunity, including against the police.
Be it robbery, personal enmity or a suspected gang war, the use of firearms has
gone up and as many as 375 such cases were registered in the national capital
from 1st Jan, 2019 till June 15th,2019.
According to a news report of The Print on 12 August, 2019, India has become
third country after Brazil &United states with the highest number of gun related
deaths. Even in petty criminal cases i.e., snatching, the use of gun has become
quite frequent.
There has been a constant increase in the number of illegal weapons
smuggled to India in the north-eastern region and the other terrorism and Naxalite
prone region. Guns and weapons are smuggled from the neighbouring countries
such as China & Pakistan which are brought into the Indian borders through the
route of Myanmar and Thailand.
In this scenario it has become quite relevant and important to discuss
about the present arms law and rules according to which the presence of weapons
and guns are monitored and controlled in our country.

10
 IMPORTANT ARMS RELATED LAWS IN
INDIA:

There are several laws related to arms in our country but the most
important ones are the Arms Act,1959 & Arms (amendment act) 2019. Arms act
1959 is the first act related to arms control and regulation in independent India.
Before this legislation the British regulated the presence of weapon by the Arms
act of 1878.
The arms act of 1878 was brough as a backdrop of the Revolt of 1857.
After the revolt, the British government became aware of the metal crafting and
arms making ability of the Indian people, they knew that arms were one of the
reasons which boasted the moral of the Indian peasant classes. To curb any future
chance of such armed rebellion lord Lytton brought the first arms act in 1878 to
prevent the flow of arms to Indian masses. Under this law, the Indian citizens
were barred from having a gun license, if they wanted to have a license of
personal arms, they had to take prior permission from the government, ironically
this law treated people under two contradicting positions, the European people
were kept at a higher pedestal than the Indians because this law was applied only
on the Indians but not on the European people present in India. After the long
struggle of independence, India got its independence on 15th august, 1947. Even
after the independence it took approximately 12 years for India to get a proper
dedicated law for arms. The first arms act of Independent India was Arms Act
1959.

ARMS ACT 1959:

After the act of 1878, it was very difficult for a law-abiding Indian
citizen to possess an arm, whereas the criminal and offenders had the access to

11
all kind of weapons whether it was permitted on prohibited bore. To overcome
all these issues the arms act of 1959 was brought into effect.
The Indian Arms (Amendment) Bill (No. 49 of 1953) was introduced by
the under-signed in the Lok Sabha on the 27th November, 1953 to focus Parliament's
attention on this vital subject. It was discussed in the House on 26th March, 1954
and was circulated for public opinion.

Opinions were received from all the State Governments which contained
not only their own views but also those of many legal luminaries, Bar Associations,
Judges, Collectors, Senior Police Officers and local Bodies of their respective States.
On the basis of those opinions, this bill for this act had been drafted.

The objectives of this act were:

 To control the widespread use of illegal weapons.
 To control the use of prohibited bore of weapon
 To enable the citizens to have weapon for their personal safety and the safety
of their belonging.
 To stop the civilians, especially the anti-social elements from possessing the
dangerous weapons belonging to the army.

WHO IS ELIGIBLE TO APPLY FOR A LICENSE UNDER

CATEGORY III OF THIS ACT:

According to chapter II of this act all those who fall under the below
mentioned category, can apply for an arms license:
 Those who are of 21 year of age or above.
 Person of sound mind.

12
  Who have not been sentenced on conviction of any offence involving
violence or moral turpitude to imprisonment for 4 [any term], at any time
during a period of five years after the expiration of the sentence,
 Who has not been ordered to execute under Chapter VIII of the 5 [Code of
Criminal Procedure, 1973 (2 of 1974),] a bond for keeping the peace or for
good behaviour, at any time during the term of the bond.

CATEOGARY OF ARMS:

There are particularly two categories of arms mentioned in the Arms Act
1959, namely:

1. PROHIBITTED Pistols (9 mm) and handguns of caliber .38, .455 and caliber
BORE .303 rifles.

2. NON- Handguns of caliber .35, .32, .22 and .380.

PROHIBITTED

BORE

GROUNDS TO GET AN ARMS LICENSE:

The demand for license of personal weapons could be granted under

section III of the act only on these three provided grounds:
 The license of the arms is demanded for the purpose of professional practice
of sports.
 License is demanded in bona fide intent of crop protection.
 If the license grating authority ha solid reason to believe that the profession
of work of the person demanding the license is such that he requires a
personal arm for his personal safety.

13
 PROCEDURE OF GRANTING A LICENSE;

There is an established way of applying and granting a license under the act
of 1959:
1) 2An application for the grant of license is made under chapter II, this
application must contain proper details particulars and reason for the need
of the weapon. The application must be accompanied with the application
fees, if any.
2) 3After receiving the application, the licensing authority must call the
officer in charge of the nearest police station on that application, as such
officer shall submit his report in the stipulated time.
4
The licensing authority after considering the report of the officer in
charge and subject to other provision of the act may grant the license or refuse to
do so, in written (if the officer in charge does not submits his report in the
prescribed time limit, the license granting authority could take further action
without waiting for the report).

GROUND FOR REFUSAL OF LICENSE:

 Applicant is below the age of 21.

 If the licensing authority believes that the applicant is prohibited by this act
or some other act in the time being from possessing any arms or ammunition
or
 If the applicant is of unsound mind, or
 Is for any reason under this act unfit for possessing an arm

2
Arms act 1959, s 13(1)
3
Ibid., s 13(2)
4
Ibid., s 13(2)(A)

14
  The licensing authority may refuse to grant the license, if it deems it
necessary to refuse the grant of leave for public safety or public peace
purpose.

TIME DURATION FOR THE RENEWAL OF THE LICENSE:

As per the act of 1959, the license granted under the section (III) of the
act shall be valid for a period of 3 years 5(later changed to 5 years by the
amendment act of 2019 years from the time being issued (unless revoked earlier
by the licensing authority on any ground).

If the applicant desires to get a license for short period of time he could write an
application to the licensing authority providing the reason for doing the same.

LICENSE FOR MANUFACTURE, SALE, ET. FOR ARMS

AND MANUFACTURE:

 No person under this is entitled to use, sell, transfer, convert, repair, test or
prove, or expose or offer to sell or transfer or have in possession for sale,
transfer, conversion, repair or test any arms and ammunition whose license is
not granted by the licensing authority.
 6
The arms whose license has been granted under the Section (III) & Section
(IV) shall be sold or transferred only after giving prior information to the
district magistrate & officer in-charge of the nearest police station.

5
ARMS(AMENDMENT) ACT 2019, s(8)
6
ARMS ACT 1959, s(5)(a)

15
 SOME IMPORTANT PROHIBITIONS MENTIONE
IN THE ARMS ACT 1959:

 No person can shorten the barrel of a firearm or convert an imitation firearm

into a firearm unless he holds a license on his behalf from the licensing
authority to so.
 7
No person can use, sell, manufacture, convert, repair, test, or prove, or expose
or offer for sale any prohibited category of arms and ammunition unless he
has been specifically authorised by the central government to do so.
 8
No person shall sell, transfer, any firearm which does not bear necessary
identification marks upon it i.e., the name of the maker, manufacturer’s number or
other identification mark stamped or otherwise shown thereon in a manner approved by the

Central Government (anyone found with an arm which does not bear this necessary

information shall be presumed to be responsible for the same unless proved otherwise).

 9
No person shall bring inside or take outside India by sea, land, or air any arms or

ammunition for which he doesn’t holds a license issued by the licensing authority. (a person

being a bona fide tourist can bring an arm in reasonable quantity only for the purpose of

recreation, sports, sight-seeing, or participation in a representative capacity in meetings

convened by the Central Government or in international conferences, associations or other

bodies.

 The central government could notify by means of an official gazette, the prohibition of
carrying an arm in a notified disturbed area if it thinks doing the same is necessary for

maintaining the peace and tranquillity in the area.

7
Ibid., s(7)
8
Ibid., s(8)
9
Ibid., s(10)

16
 SEARCH AND SEIZURE POWER OF VARIOUS
AUTHORITIES:

There are several search and seizure power given by this act to various authority
to control and have a check upon the use and spread of arms:

 10
Any police officer or any other officer specially empowered in this behalf by the

Central Government may demand the production of his licence from any person who

is carrying any arms or ammunition.

 11
Any person having a possession of licensed arms, upon the expiration of
the issued license must submit his weapon to nearest police station or if
the person belongs to armed forces of union of India, then in a unit
armoury.

 Whenever a magistrate is satisfied that a person in his jurisdiction

possesses an arm which is dangerous for the public safety & peace may
search and seize the premise where he thinks of the possible presence of
the weapon after recording the reason for the same belief.

OFFENCES & PENALTIES MENTIONED:

To implement the act in an efficient way there are several strict penalties and
offences mentioned in the 5th chapter of the act namely:

 Any person who ,(i) sells, transfers, converts, repairs, tests or proves, or exposes or
offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair,

test or proof, any arms or ammunition in contravention of section 5; or(ii) shortens the

barrel of a firearm or converts an imitation firearm into a firearm or (iii) brings into, or

10
Ibid., s(19)(1)
11
Ibid., s(21)

17
 takes out of, India, any arms or ammunition of any class or description in contravention

of section 11, shall be punishable with imprisonment for a term which shall not be less

than 3 years12(changes to 5 years by amendment act 2019) and also be liable to fine.

 13
Anyone who (i)acquires or has in possession or carries any firearm or ammunition in

contravention to section 3 or(ii) acquires, has in his possession or carries in any place

specified by notification under section 4 any arms of such class or description as has

been specified in that notification in contravention of that section; or(iii) sells or

transfers any firearm which does not bear the name of the maker, manufacturer’s

number or other identification mark stamped or otherwise shown thereon as required

by the act or(iv) sells or transfers any firearm which does not bear the name of the

maker, manufacturer’s number or other identification mark stamped or otherwise

shown thereon as required or (v) brings into, or takes out of, India, any arms or

ammunition in contravention of section 10; or (vi) transports any arms or ammunition

in contravention of section 12; or being a manufacturer fails to maintain a record or

alter some entry in the record intentionally shall be punishable with imprisonment for

a term which shall not be less than one year but which may extend to three years and

shall also be liable to a fine.(changed to “[two years but which may extend to five years

and shall also be liable to fine” by amendment act of 2019).

 14
Punishment for using arms: Whoever uses any arms or ammunition in contravention

of section 5 shall be punishable with imprisonment for a term which shall not be less

than three years but which may extend to seven years and shall also be liable to fine.

 15
Anyone who uses prohibited arms in contravention to the section 7 shall be punishable

with imprisonment t for a term which shall not be less than seven years but which may

extend to imprisonment for life and shall also be liable to fine.

12
Arms (amendment) Act 2019, s(9)
13
Arms Act 1959 , s(25)(1B)
14
Ibid., s(27)(1)
15
Ibid., s(27)(2)

18
 Punishment for use and possession or imitation firearms in certain cases: Anyone who
uses or attempts to use any imitated firearms in order to prevent his or someone else

lawful detention shall be punishable for a term which may extent to seven years.

 Any person who knowingly purchases arm from a person who is legally not entitled to
do so or anyone who is selling an arm to a person who is legally not entitle to be sold

to shall be imprisoned for a term which may extend to 3 years or with fine or with both.

ALL THE OFFENCES DONE UNDER THIS ACT ARE COGNIZABLE WITHIN

THE MEANING OF CRIMINAL PROCEDURE CODE,1973.

There have been numerous amendments brought to the original act of 1959
but the major amendment was done by The Arms (Amendment) Act,2019.

ARMS(AMENDMENT) ACT,2019.

19
The major milestone achieved in the arms law was after the enactment of the
amendment act of 2019.This amendment brought numerous new sections and
offences which were deemed necessary in these changing times. The act of 1959
was quite efficient but it surely needed an overhaul, which was aptly done by the
Arms (Amendment) Act,2019.

An overview of the act has been discussed below:

The Arms Amendment bill was passed by the Rajya Sabha on December 10 and
by the Lok Sabha on December 9,2019.
This new law proposes stringent to people possessing illegal arms and those
indulging in rash & negligent celebratory gunfire, endangering he life and
personal safety of others. The bill makes the offence punishable with a jail term
up to two years or fine up to Rs one lakh or both.

KEY FEATURES: ARMS (AMENDMENT) ACT, 2019:

 The Act seeks to amend the Arms Act, 1959, to reduce the number of
licensed firearms allowed per person and increase punishment for certain
offences under the Act. The bill also introduces new categories of
offences.

 The Arms Act, 1959, a license is required to acquire, possess, or carry any
firearm. The act allowed a person to obtain a license for up to three
firearms. The act reduces the number of allowed firearms from three to
one.
 The act provides one year's time to deposit extra firearms with the officer-
in-charge at the nearest police station or with a licensed arms dealer. In
case the owner of the excess firearm is an armed forces member, he can
deposit it with the unit armoury. The extra firearm will be delicensed within
90 days from the expiry of the one-year period.

20
  Further, the new act increases the duration of the validity of a firearm
license from three years to five years.

 The Arms Act bans use, transfer, conversion, testing, proofing,

manufacture or sale of firearms without a licence and prohibits the
shortening of firearm barrel or conversion of imitation firearms into
firearms without a license. The arms bill additionally bans the procurement
of un-licensed firearms and the conversion of one category of firearms to
another without a license.

 E bill, however, accords special status to a sportsperson who need firearms

and ammunition for practice and participating in tournaments. The bill
allows members of rifle clubs or associations to use any firearm for target
practice instead of only point 22 bore rifles or air rifles.

PENALTIES:

The new arms act has increased the punishment specified under the Arms Act,
1959 for the below offences to a jail term of either seven 7 years or life
imprisonment along with a fine.

(i) Dealing in un-licensed firearms, including their manufacture, procurement,

sale, transfer and conversion.

(ii) Shortening or conversion of a firearm without a licence.

(iii) Import or export of banned firearms.

 The Arms act proposed jail term between 5-10 years and a fine for
acquisition, possession or carrying of prohibited ammunition without a
license.16 The bill has increased the punishment to 7-14 years of jail term
16
Ibid., s(9)

21
 and fine. However, any court can impose a punishment of less than seven
years for the above offences with recorded reasons.
 Further, the arms act proposes minimum punishment of 7 years of jail term
and maximum punishment of life imprisonment along with fine for dealing
with prohibited firearms including their manufacture, sale and repair
without a license. The new bill has increased the minimum punishment to
10 years.
 The bill has also revised the punishment accorded for cases in which the
usage of prohibited arms results in the death of a person from the existing
punishment of death to death or life imprisonment, with fine.

 The bill has added new offences that have been made punishable with jail
term and fine. These offences include:

17
i. Forcefully taking a firearm from police or armed forces. The bill proposes
imprisonment between 10 years and life imprisonment for the offence
along with a fine.

ii. Using firearms in celebratory gunfire in public gatherings such as religious

places, marriages or other functions, which endangers human life or
personal safety of others. The bill has made the offence punishable with
imprisonment up to two years or fine of up to Rs one lakh or both.

 The bill also amends Section 25 (1AA) of the Arms Act and
proposes minimum punishment of 14 years and maximum punishment
of life imprisonment for those who snatch or loot arms and
ammunition from police or defence forces. Under the current act, the
offence invites imprisonment of not less than seven years and maximum
punishment of life imprisonment, mostly up to 14 years.

17
Ibid., s(9)

22
COMPARITIVE STUDY: ARMS LAW IN INDIA VS THE
ARMS LAW IN U.S.A.

India and U.S.A are considered to be the two biggest democracies of the
modern era. The relation between the two countries is constantly
improving and it is currently at an all-time high. Both the countries
guarantee their citizens an undiscriminated set of Rights and Liberties.
Although the laws in both the countries are quite efficient and stringent but
both the countries are quite contradicting to each other in the dimension of
arms law.

INDIA:
The Arms law in India are way too stringent in comparison to the laws in
America. The laws in India permit only a person of age 21 year or above
to be eligible for applying for a license of arm. Moreover, there are two
categories of arms defined in Indian law i.e., Prohibited Bore (PB) and
Non-Prohibited Bores (NPB). Except few high government officials,
defence officials and professional shooter no one is permitted to have large
bore weapons. The general public is permitted to possess only the arms of
NPB category. All the automatic and the semi-automatic weapons are
restricted for the possession of general public.
There are limited criteria under which an India citizen can obtain a gun
license. Normal citizens can only obtain a license only for the purpose of
Crop Protection, professional shooting practice and if the government is
satisfied that the work of the applicant is such that weapon is necessary for
his/her safety. Moreover, a single person can not possess more than two
arms and the license granted are valid for a period of only five years. There
are various documents which are required merely for applying for the

23
license such as; Character certificate, Mental fitness, narcotics test, income
tax return, identity proof, age proof, education and residence proof, ability
to proof and further one has to satisfy the government by taking a guarantee
to provide safe place for keeping the arm. There is a background check
done by the local police station to assess the antecedent ability of the
applicant to use arms. The background check includes a thorough check of
applicant’s criminal history, person’s temperament and his mental state,
applicants’ family member and neighbours are also sometime interviewed
to ascertain his personality.
After the latest amendments of 2019 various new offences have been
introduced which include the use of weapon for rash and negligent firing.
One can not fire his arm merely for celebration purpose else he/she would
be liable for a fine with some possible jail term.
These procedurals steps sometimes take month and years, which make the
procedure to obtain a license very hectic and difficult. Even after the
license is grated, the government has the prerogative to ask for the
submission of the weapon whenever it deems it necessary for public safety
and tranquillity.

U.S.A
Gun related laws in U.S.A. are more complex and vary across different
states which regulate the individuals differently. These laws are almost
contrary to the position of the arms law in India. The procedural methods
are way to easy to apply in America. Purchasing a weapon is very quick,
cheap and convenient in US if compared to India.
While arms in India could be sold only by the legal licensed gun retail
shops which obtain the arms from the Indian Ordinance Factory, things in
America are quite different. Legal arms are sold in various shopping firm

24
chain such as Walmart, liquor and sporting stores, gun shows,
neighbourhood and even from various online shopping sites.
Arms in America are regulated by the Gun Control Act of 1968.It stipulates
18 year as a minimum age to apply for the license of shotguns and rifles
and 21 for the other kind of guns. It prohibits the sale of arms to lunatics,
drug addicts, person convicted of a crime whose penalty is more than one
year. All the submitted request for the license must be approved or rejected
within 45 days. All that an applicant has to do is apply for the license get a
background check done which practically takes minutes and walk into a
gun store.
The application for provided already asks for the basic details and ethnicity
and race. This is followed by a drug addiction & mental health test. After
all these there are few general questions which are asked for a formality’s
sake, the question include, if one has been dishonoured & discharged from
the army, if one has been charges with the offence of child abuse or if
he/she is under some restraining order from the government.
After all this the dealer enters the data into the National Instant Criminal
Background Check System (NICS) to check their eligibility status. This
system uses the FBI database, it has a record of rejected less than 2 percent
of application submitted since the date it has been put to use.
That’s all one has to do, no formal training, no mental or physical health
check-up, zero police involvement and negligible interview. If one is
purchasing an arm from an online site or gun show he would be lucky
enough to even skip the private background check.
The process to buy arms is way to easy and rather could be termed as
lenient. This might be one of the reasons for a constant increase in gun
related death in US. During the Obama government a bill was brought to
fix the loopholes of the arms law but was rejected by the congress.

25
 Its way too clear that the arms law of India are more efficient and
comprehensive than the counterpart in United States.
CONCLUSION

After assessing the law in detail, I could definitely say that the present law
is very efficient. The comprehensive background check makes sure that the
person can be trusted with the responsibility of handling a weapon. Such
comprehensive law is very necessary in a country like India where the
population is so large that keeping eye on every corner of the society is a
bit difficult. The amendment made in 2019 consolidated the previous law
and made it more robust, the introduction of new crimes and penalties were
necessary specially to prevent the large scale of arms smuggling going in
the border areas.
The north eastern region & region disturbed by the Naxalites
are highly prone to arms smuggling due to its geographical and social
pattern. The law is very strong on the papers but needs to be equally strong
in its implementation. Special teams should be made to maintain the
provision of the law on ground. If there is a continuous surge in gun related
crime and there is an increase in the trade of illegal weapons, it is pretty
sure then that the problem does not lie in the law, the problem lies in the
way of implementing the law.
The law is quite efficient but it is way too stringent that is
required. If the law-abiding citizens are not able to get the arms because of
the strict procedures whereas the negative elements of the society can
easily procure any arms by dodging the law, the real intent behind giving
personal arms that is, personal safety, is completely negated. There must
be a quick procedure that must be developed so that the common citizen

26
could avail their means for safety easily and stand at better position to
protect themselves and their valid interests.
Presence of large number of illicit weapons in our society also indicates
large illegit interests. Sometimes if a person who seriously need an arm for
protecting himself but couldn’t get one because of the extra strict laws he
resorts to take an illicit weapon for the very same reason. Illegit weapon in
our country harms us in many ways, it weakens our economic system and
corrodes our justice system.
The police to population ration is already very low, police is
burdened with so much of responsibilities that it impedes in its primary
responsibility of providing security and safety. With such a large amount
of work and a relatively small force how could we expect them to do them
the background check and stuff efficiently and in time. There must be a
special team allotted in the licensing section of the government for
background check. This move will bring great relief to the police force, the
licensing authority as well as the general public.
I would like to conclude by expressing the fact that the current
law for arms is very apt but its efficiency could be improved if the
implementation of the law becomes more refined.

27
 REFERENCES

 Buying Guns: How Does India Compare With The Us? (cnbctv18.com)
 What are Gun Laws in India?, How can one get a gun in India? - Legal
Desire
 India sees the third-highest firearm-related deaths in the world
(theprint.in)
 Arms Amendment Bill 2019: Everything you need to know!
(jagranjosh.com)
 Act 054 of 1959 : Arms Act, 1959 | CaseMine
 Arms Act: Arms And Ammunition Laws In India - Getlegal India
 Arms Amendment Bill 2019: Everything you need to know!
(jagranjosh.com)
 Steady rise seen in Delhi crimes involving firearms | (indiatribune.com)
 The Arms Act, 1959|Legislative Department | Ministry of Law and
Justice | GoI
 The Arms (Amendment) Bill, 2019 (prsindia.org)

28
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CHAPTER I.docx
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URL: https://byjusexamprep.com/the-arms-amendment-act-2019-i
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URL: https://www.indiansforguns.com/arms_act_1959_arms_rules_1962_28-09-2015.pdf
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URL: http://www.bareactslive.com/ACA/ACT099.HTM
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URL: http://www.commonlii.org/in/legis/cen/num_act/aa195968/
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URL: https://prsindia.org/billtrack/the-arms-amendment-bill-2019
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Content.docx
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URL: https://legislative.gov.in/actsofparliamentfromtheyear/arms-act-1959
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Entire Document
DR. RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY, LUCKNOW. 2022-23.
BASICS OF LEGISLATION (PROJECT) AN OVERVIEW OF PERSONAL ARMS OWNERSHIP & USAGE REGULATION.
SUBMITTED TO – SUBMITTED BY- DR. SHASHANK SHEKHAR SHIVAM SHUKLA ASSISTANT PROFFESOR B.A. LLB(Hons.)
SUB: BASICS OF LEGISLATION ENROLL. NO. -220101141 DR. RAM MANOHAR LOHIYA NATIONAL 1ST SEMESTER,
SECTION-B LAW UNIVERSITY, LUCKNOW. ACKNOWLEDGEMENT
I would like to thank and express my sincere gratitude towards Dr. SHASHANK SHEKHAR, assistant professor (LAW) Dr.
Ram Manohar Lohiya National Law University, Lucknow. Without his valuable help it would be impossible for me to
successfully complete this project. I would sincerely thank him for sharing his views and suggestions because of which I
could improve my project. I would thank him for providing me with his valuable time and experience which made my
task easier. I would also like to thank the Authorities of RMLNLU which provided me with the required environment to
complete this project. I could never forget to thank the library staff members who allowed me to access wide range of
books and provided me with the necessary material and internet facilities, which was the prime need for the completion
of the project. I would also thank various researchers in the field of law by referring to whose work I could complete my
project. At last, I would thank my friends whose constant support and suggestion helped me in finishing this long journey
of completing the project.
Yours sincerely, SHIVAM
DECLARATION
I thereby declare that the project work entitled “AN OVERVIEW OF PERSONAL ARMS OWNERSHIP & USAGE
REGULATION” submitted to the Dr. Ram Manohar Lohiya National Law University, Lucknow is a record of an original
work done by me under the guidance of DR. SHASHANK SHEKHAR Assistant Professor, law, Dr. Ram Manohar Lohiya
National Law University, and this project work is submitted in the partial fulfilment of the requirements for the award of
the degree of B.A. LLB. (hons). The results embodied in this thesis have not been submitted to any other University or
Institute for the award of any degree or diploma.
INDEX
i. INTRODUCTION…………...………………………………….………5 i. HISTORY OF ARMS LAW…………………………………..……………………………6
ii. NEED TO DISCUSS ARMS LAW…………………………….…………………………..8 iii. IMPORTANT ARMS RELATED LAW IN
INDIA……………………………………...11 iv. ARMS ACT 1959…………………………………………………………………………...11 v. WHO IS ELIGIBLE
FOR LICENSE……………………………………………………..12 vi. CATEGORY OF ARMS…………………………………………………………………...13 vii.
GROUNDS FOR GETTING A LICENSE…………………..……………………………13 viii. PROCEDURE OF LICENSING…………………………….
……………………….……14 ix. GROUND FOR REFUSAL OF APPLICATION………….……………………….…….14 x. VALIDITY OF A
LICENSE………………………………………………………….……15 xi. IMPORTANT PROHIBITIONS……………………………………………………….….16
xii. SEARCH AND SEIZURE POWER OF VARIOUS AUTHORITIES……………….…17 xiii. PENALTIES FOR
OFFENCES…………………………………………………………...17 xiv. ARMS ACT 2019……………………………………………………………………….…..20
xv. KEY FEATURES: ARMS ACT 2019……………………………………………………...20 xvi. PENALTIES AND
OFFENCES……………………………………………………………21 xvii. COMPARITIVE STUDY: INDIA VS
U.S.A……………………………………………...23 xviii. CONCLUSION……………………………………………………………………..……….26 xix.
REFERENCES………………………………………………………………………………28
**** INTRODUCTION:
1 Arms in literal terms as per
the arms act of 1959

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means articles of any description designed or adapted as weapons for offence or defense, and includes firearms,
sharp-edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include
articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons
incapable of being used otherwise than as toys or of being converted into serviceable weapons.

Many of the object around us certainly qualify the definition of arms but presently in our context we are referring arms as
to guns. Since arms and weapons are very sensitive objects which have the potential to easily disturb the tranquility of
the society, they must be regulated thoroughly and carefully. If they have the potential to keep an individual and society
safe, they also have the potential to cripple down the society. To prevent the rampant increases of the trade and
manufacture of illegal arms the government has strived hard and brought certain laws and rules to regulate the presence
of arms in our society. Most important arms law which mustn’t be forgotten or ignored if we talk about arms regulation
in India are (i)Arms Act 1959. (ii) Arms(amendment)Act 2019. If we look at arms as an object of safety, the question

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whether right to bear arm is a part of right to self- defense, which forms a facet of right to life,

Article 21 must also be answered. This question will be answered ahead with a quick comparative study of the arms law
in the two biggest democracies in the modern times i.e., India & U.S.A.
HISTORY OF ARMS LAW IN INDIA: The history of arms law in India is very deep and evolving, great struggle has been
done for making arms to be legally available for Indians for their safety and personal use. After the Revolt of 1857(arms
were intrinsically one of the reasons for the beginning of the war, the speculation about the greased cartridges of the
New Enfield Rifle with cow and pig fat was the trigger point for the inception of the war). The British government got
apprehensive of the large number of arms and weapon available with the Indian population which was a burden and
disturbing fact for the safe rule of the British Raj. To prevent the accumulation of arms with the Indian population and
reduce the chances for another uprising Lord Lytton introduced the first arms law in Indian history in the year
1878(INDIAN ARMS ACT, 1878). Under this act, it was strictly prohibited for the Indian masses to own an arm(gun)
without the prior permission of the government. The most astonishing and discriminating aspect of the act was that it
didn’t bar the Europeans from owning a weapon, it was only implemented on the Indian population. Mahatma Gandhi
and the other national leaders strongly opposed this act and he said “

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Among the many misdeeds of British rule in India, history will look upon the Act depriving a whole nation of arms as
the blackest.’’ The arms act

of 1878 kept the restriction upon the Indian masses till the end of the colonial era. After the independence, India got its
first comprehensive arms law in 1959.The Arms Act,1959 restored the ownership right of the Indian people for owning an
arm. It was necessary for the leading citizens to own and use the arms in certain necessary and emergency situation,
thus with the arms act of 1959 owning a gun was not made a fundamental right but a legal right. Under this act

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a person was permitted to get a license for up to three

weapons. Subsequently the Arms rule of 1962 also came into effect which consolidated the previous act. There were
certain arms rule which came in the year 2016, which substantially consolidated the previous acts, The rule came into
force for the safe use and storage of arms. This act got notified on 15 July 2016, which replaced the arms rules, 1962.
According to the Arms Rule 2106, every person applying for an arms license or a manufacturer shall get required to
complete arms and ammunition safety training courses. This training involves basic knowledge of arms and ammunition,
safe handling of arms, firing technique, secure storage, care and transportation. The Arms rule, 2016 says that after the
compilation of eligibility criteria and police verification, authorities need to grant or refuse the arms and ammunition
license application within 60 days. In the year 2019 the parliament passed Arms Amendment Bill,2019. It was brought to
amend the arms act of 1959.This act introduced certain new offenses related to arms and reduced the granted number
of arms on a single person from three one. This Act also proposed a maximum life sentence for convict of production
and selling of illegal weapon. Although there have been several acts and rules regarding the arm in India but the most
important ones are the Arms Act,1959 & Arms amendment bill,2019.
NEED TO DISCUSS ABOUT THE PERSONAL ARMS LAW.
Arms have played a great role throughout our history, whether we look in the independence stage or later on. During the
first war of independence, it was arms that stimulated the inception of the war. The speculation about the greased
cartridges of the new Enfield rifle with pig and cows’ fat led to the sepoy mutiny in Kanpur which ultimately stroked a war
for independence throughout India. India has had a glorious military history in which, on many occasions, armed
ordinary citizens have banded together in self-defence to ward off invaders. When Alexander the Greek invaded India in
327 B.C.E., he had to contend with the armed citizenry of the Jana pada republics and the monarchies, leading to his
eventual defeat and retreat.
Now we are an independent & sovereign nation. We have our own constitution which is the supreme law of the land
which gives each and every citizen non discriminable set of rights and privileges which no one could take from us. The
law and justice system are efficient enough to safeguard and protect our rights and liberties. Now the time has certainly
changed but the need for arms can still be not negated. Police and authority cannot be present on every instance at
every place, we have to definitely stand for ours and our loved one’s safety. The negative elements of our society always
try to take advantage of the loopholes in our legal and policing system.
With the huge population of 1.5 billion (Approx.) and policemen count of 144 per 100000 people, according to a report
in The Mint, India’s police force is one among the weakest police force in the world. India’s police force remains behind
most countries and United-Nation’s recommendation ratio of 222. In comparison to many other countries, India has one
of the lowest numbers of civilian firearms. It should be noted that many developed countries like Finland, Switzerland,
and the United States with strong, well-functioning state mechanisms often have relatively liberal laws regarding
firearms. The country of Pakistan, with a population of 200 million, possesses 43 million civilian firearms. Lebanon has 1.9
million firearms with a population of 6 million. Even though Israel has a mere 6.7 civilian firearms per 100 people, all
Jewish Israeli citizens over the age of 18 are compulsorily required to serve in the military. In comparison, India has an
estimated total of 71 million civilian firearms out of which a tiny fraction is legally registered with the government which,
as of 2017, has given out a mere 3.3 million licenses.
Country Population Estimate of firearms in civilian possession Estimate of civilian firearms per 100 persons INDIA
1,342,513,000 71,101,000 5.3 U.S.A. 326,474,000 393,347,000 120.5 PAKISTAN 196,744,000 43,917,000 22.3 AUSTRIA
8,592,000 2,577,000 30.0 SWITZERLAND 8,454,000 2,332,000 27.6 ISRAEL 8,323,000 557,000 6.7 FINLAND 5,541,000
1,793,000 32.4
With such statistics it becomes imperative to promote the license of personal arms, but the real problem does not lie in
low number of licenced arms which leads to lower safety of the citizens but the real problem lies in the wide
manufacture and trade of illegal arms which does not account into these official records and leads to an increase in
crimes. Bihar police records show that from 2001 to June 2017, 41,333 illegal country made weapons and 599 illegal gun
factories were unearthed in the state and 2,29,647 cartridges were seize. This was the record of a single Indian state. If
we look at the record of whole India its will surely blow up our mind. The latest rash firing on Punjabi singer Sidhu Moose
Wala in Mansa district of Punjab gives us an apt example and bring into light how trade& manufacture of illegal arms is
causing harm to us and our society. There is a constant increase in the number of gun related crimes in India. Every other
day you could find some disturbing news in the newspaper where arms have been used to commit some heinous crime.
As per a report of Delhi police there has been an increasing trend of guns being used by criminals and gangsters with
impunity, including against the police. Be it robbery, personal enmity or a suspected gang war, the use of firearms has
gone up and as many as 375 such cases were registered in the national capital from 1st Jan, 2019 till June 15th,2019.
According to a news report of The Print on 12 August, 2019, India has become third country after Brazil &United states
with the highest number of gun related deaths. Even in petty criminal cases i.e., snatching, the use of gun has become
quite frequent. There has been a constant increase in the number of illegal weapons smuggled to India in the north-
eastern region and the other terrorism and Naxalite prone region. Guns and weapons are smuggled from the
neighbouring countries such as China & Pakistan which are brought into the Indian borders through the route of
Myanmar and Thailand. In this scenario it has become quite relevant and important to discuss about the present arms
law and rules according to which the presence of weapons and guns are monitored and controlled in our country.
IMPORTANT ARMS RELATED LAWS IN INDIA:
There are several laws related to arms in our country but the most important ones are the Arms Act,1959 & Arms
(amendment act) 2019. Arms act 1959 is the first act related to arms control and regulation in independent India. Before
this legislation the British regulated the presence of weapon by the Arms act of 1878. The arms act of 1878 was brough
as a backdrop of the Revolt of 1857. After the revolt, the British government became aware of the metal crafting and
arms making ability of the Indian people, they knew that arms were one of the reasons which boasted the moral of the
Indian peasant classes. To curb any future chance of such armed rebellion lord Lytton brought the first arms act in 1878
to prevent the flow of arms to Indian masses. Under this law, the Indian citizens were barred from having a gun license, if
they wanted to have a license of personal arms, they had to take prior permission from the government, ironically this
law treated people under two contradicting positions, the European people were kept at a higher pedestal than the
Indians because this law was applied only on the Indians but not on the European people present in India. After the long
struggle of independence, India got its independence on 15th august, 1947. Even after the independence it took
approximately 12 years for India to get a proper dedicated law for arms. The first arms act of Independent India was Arms
Act 1959.
ARMS ACT 1959:
After the act of 1878, it was very difficult for a law-abiding Indian citizen to possess an arm, whereas the criminal and
offenders had the access to all kind of weapons whether it was permitted on prohibited bore. To overcome all these
issues the arms act of 1959 was brought into effect.
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The Indian Arms (Amendment) Bill (No. 49 of 1953) was introduced by the under-signed in the Lok Sabha on the 27th
November, 1953 to focus Parliament's attention on this vital subject. It was discussed in the House on 26th March, 1954
and was circulated for public opinion. Opinions were received from all the State Governments which contained not
only their own views but also those of many legal luminaries, Bar Associations, Judges, Collectors, Senior Police
Officers and local Bodies of their respective States. On the basis of those opinions, this bill

for this act had been drafted.

The objectives of this act were:
• To control the widespread use of illegal weapons. • To control the use of prohibited bore of weapon • To enable the
citizens to have weapon for their personal safety and the safety of their belonging. • To stop the civilians, especially the
anti-social elements from possessing the dangerous weapons belonging to the army.
WHO IS ELIGIBLE TO APPLY FOR A LICENSE UNDER CATEGORY III OF THIS ACT:
According to chapter II of this act all those who fall under the below mentioned category, can apply for an arms license:
• Those who are of 21 year of age or above. • Person of sound mind. • Who have not

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been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for 4 [any term],
at any time during a period of five years after the expiration of the sentence, • Who has not been ordered to execute
under Chapter VIII of the 5 [Code of Criminal Procedure, 1973 (2 of 1974),] a bond for keeping the peace or for good
behaviour, at any time during the term of the bond.

CATEOGARY OF ARMS:
There are particularly two categories of arms mentioned in the Arms Act 1959, namely:
1. PROHIBITTED BORE Pistols (9 mm) and handguns of caliber .38, .455 and caliber .303 rifles. 2. NON-PROHIBITTED
BORE Handguns of caliber .35, .32, .22 and .380.
GROUNDS TO GET AN ARMS LICENSE:
The demand for license of personal weapons could be granted under section III of the act only on these three provided
grounds: • The license of the arms is demanded for the purpose of professional practice of sports. • License is demanded
in bona fide intent of crop protection. • If the license grating authority ha solid reason to believe that the profession of
work of the person demanding the license is such that he requires a personal arm for his personal safety.
PROCEDURE OF GRANTING A LICENSE;
There is an established way of applying and granting a license under the act of 1959: 2 1) An application for the grant of
license is made under chapter II, this application must contain proper details particulars and reason for the need of the
weapon. The application must be accompanied with the application fees, if any. 3 2) After receiving the

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application, the licensing authority must call the officer in charge of the nearest police station on that application, as
such officer shall submit his report in the stipulated time. 4 The licensing authority after

considering the report of the officer in charge and subject to other provision of the act may grant the license or refuse to
do so, in written (if the officer in charge does not submits his report in the prescribed time limit, the license granting
authority could take further action without waiting for the report).
GROUND FOR REFUSAL OF LICENSE:
• Applicant is below the age of 21. • If the licensing authority believes that the applicant is prohibited by this act or some
other act in the time being from possessing
any arms or ammunition or • If the applicant

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is of unsound mind, or • Is for any reason under this act unfit for
possessing an arm • The licensing authority may refuse to grant the license, if it deems it necessary to refuse the grant of
leave for public safety or public peace purpose.
TIME DURATION FOR THE RENEWAL OF THE LICENSE:
As per the act of 1959, the license granted under the section (III) of the act shall be valid for a period of 3 years 5 (later
changed to 5 years by the amendment act of 2019 years from the time being issued (unless revoked earlier by the
licensing authority on any ground).
If the applicant desires to get a license for short period of time he could write an application to the licensing authority
providing the reason for doing the same.
LICENSE FOR MANUFACTURE, SALE, ET. FOR

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ARMS AND MANUFACTURE: • No person under this is entitled to use, sell, transfer, convert, repair, test or prove, or
expose or offer to sell or transfer or have in possession for sale, transfer, conversion, repair or test any

arms
and ammunition whose license is not granted by the licensing authority. 6 • The arms whose license has been granted
under the Section (III) & Section (IV) shall be sold or transferred only after giving prior information

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to the district magistrate & officer in-charge of the nearest police station.

SEARCH AND SEIZURE POWER OF VARIOUS AUTHORITIES:

There are several search and seizure power given by this act to various authority to control and have a check upon the
use and spread of arms:
7•

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Any police officer or any other officer specially empowered in this behalf by the Central Government may demand the
production of his licence from any person who is carrying any arms or ammunition. 8 •

Any person having a possession of licensed arms, upon the expiration of the issued license must submit his weapon to
nearest police station or if the person belongs to armed forces of union of India, then in a unit armoury.
• Whenever a magistrate is satisfied that a person in his jurisdiction possesses an arm which is dangerous for the public
safety & peace may search and seize the premise where he thinks of the possible presence of the weapon after
recording the reason for the same belief.
OFFENCES & PENALTIES MENTIONED:
To implement the act in an efficient way there are several strict penalties and offences mentioned in the 5th chapter of
the act namely:
• Any person who ,(i)

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sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for
sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or(ii) shortens the
barrel of a firearm or converts an imitation firearm into a firearm or (iii) brings into, or takes out of, India, any arms or
ammunition of any class or description in contravention of section 11, shall be punishable with imprisonment for a
term which shall not be less than 3 years 9 (

changes to 5 years by amendment act 2019) and also be liable to fine. 10 •

Anyone who (i)acquires or
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has in possession or carries any firearm or ammunition in contravention to section 3 or(ii) acquires, has in his
possession or carries in any place specified by notification under section 4 any arms of such class or description as has
been specified in that notification in contravention of that section; or(iii) sells or transfers any firearm which does not
bear the name of the maker, manufacturer’s number or other identification mark stamped or otherwise shown thereon
as required by

the act

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or(iv) sells or transfers any firearm which does not bear the name of the maker, manufacturer’s number or other
identification mark stamped or otherwise shown thereon as required

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or (v) brings into, or takes out of, India, any arms or ammunition in contravention of section 10; or (vi) transports any
arms or ammunition in contravention of section 12; or being a manufacturer fails to

maintain a record or alter some entry in the record intentionally

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shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three
years and shall also be liable to a fine.(

changed to “[

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two years but which may extend to five years and shall also be liable to fine”

by amendment act of 2019). 11 •

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Punishment for using arms: Whoever uses any arms or ammunition in contravention of section 5 shall be punishable
with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall
also be liable to fine. 12 • Anyone who uses prohibited arms in contravention

to the

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section 7 shall be punishable with imprisonment t for a term which shall not be less than seven years but which may
extend to imprisonment for life and shall also be liable to fine. •

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Punishment for use and possession or imitation firearms in certain cases: Anyone who uses or attempts to

use any
imitated firearms in order to prevent his or someone else lawful detention shall be punishable for a term which may
extent to seven years. • Any person who knowingly purchases arm from a person who is legally not entitled to do so or
anyone who is selling an arm to a person who is legally not entitle
to be sold to

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shall be imprisoned for a term which may extend to 3 years or with fine or with both.

ALL THE OFFENCES DONE UNDER THIS ACT ARE COGNIZABLE WITHIN THE MEANING OF CRIMINAL PROCEDURE
CODE,1973.
There have been numerous amendments brought to the original act of 1959 but the major amendment was done by The
Arms (Amendment) Act,2019.
ARMS(AMENDMENT) ACT,2019.
The major milestone achieved in the arms law was after the enactment of the amendment act of 2019.This amendment
brought numerous new sections and offences which were deemed necessary in these changing times. The act of 1959
was quite efficient but it surely needed an overhaul, which was aptly done by the Arms (Amendment) Act,2019.
An overview of the act has been discussed below:
The Arms Amendment bill was passed by the Rajya Sabha on December 10 and by the Lok Sabha on December 9,2019.
This new law proposes stringent to people possessing illegal arms and those indulging in rash & negligent celebratory
gunfire, endangering he life and personal safety of others. The bill makes the offence punishable with a jail term

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up to two years or fine up to Rs one lakh or both.

COMPARITIVE STUDY: ARMS LAW IN INDIA VS THE ARMS LAW IN U.S.A.

India and U.S.A are considered to be the two biggest democracies of the modern era. The relation between the two
countries is constantly improving and it is currently at an all-time high. Both the countries guarantee their citizens an
undiscriminated set of Rights and Liberties. Although the laws in both the countries are quite efficient and stringent but
both the countries are quite contradicting to each other in the dimension of arms law. INDIA: The Arms law in India are
way too stringent in comparison to the laws in America. The laws in India permit only a person of age 21 year or above to
be eligible for applying for a license of arm. Moreover, there are two categories of arms defined in Indian law i.e.,
Prohibited Bore (PB) and Non-Prohibited Bores (NPB). Except few high government officials, defence officials and
professional shooter no one is permitted to have large bore weapons. The general public is permitted to possess only the
arms of NPB category. All the automatic and the semi-automatic weapons are restricted for the possession of general
public. There are limited criteria under which an India citizen can obtain a gun license. Normal citizens can only obtain a
license only for the purpose of Crop Protection, professional shooting practice and if the government is satisfied that the
work of the applicant is such that weapon is necessary for his/her safety. Moreover, a single person can not possess
more than two arms and the license granted are valid for a period of only five years. There are various documents which
are required merely for applying for the license such as; Character certificate, Mental fitness, narcotics test, income tax
return, identity proof, age proof, education and residence proof, ability to proof and further one has to satisfy the
government by taking a guarantee to provide safe place for keeping the arm. There is a background check done by the
local police station to assess the antecedent ability of the applicant to use arms. The background check includes a
thorough check of applicant’s criminal history, person’s temperament and his mental state, applicants’ family member
and neighbours are also sometime interviewed to ascertain his personality. After the latest amendments of 2019 various
new offences have been introduced which include the use of weapon for rash and negligent firing. One can not fire his
arm merely for celebration purpose else he/she would be liable for a fine with some possible jail term. These procedurals
steps sometimes take month and years, which make the procedure to obtain a license very hectic and difficult. Even after
the license is grated, the government has the prerogative to ask for the submission of the weapon whenever it deems it
necessary for public safety and tranquillity. U.S.A Gun related laws in U.S.A. are more complex and vary across different
states which regulate the individuals differently. These laws are almost contrary to the position of the arms law in India.
The procedural methods are way to easy to apply in America. Purchasing a weapon is very quick, cheap and convenient
in US if compared to India. While arms in India could be sold only by the legal licensed gun retail shops which obtain the
arms from the Indian Ordinance Factory, things in America are quite different. Legal arms are sold in various shopping
firm chain such as Walmart, liquor and sporting stores, gun shows, neighbourhood and even from various online
shopping sites. Arms in America are regulated by the Gun Control Act of 1968.It stipulates 18 year as a minimum age to
apply for the license of shotguns and rifles and 21 for the other kind of guns. It prohibits the sale of arms to lunatics, drug
addicts, person convicted of a crime whose penalty is more than one year. All the submitted request for the license must
be approved or rejected within 45 days. All that an applicant has to do is apply for the license get a background check
done which practically takes minutes and walk into a gun store. The application for provided already asks for the basic
details and ethnicity and race. This is followed by a drug addiction & mental health test. After all these there are few
general questions which are asked for a formality’s sake, the question include, if one has been dishonoured & discharged
from the army, if one has been charges with the offence of child abuse or if he/she is under some restraining order from
the government. After all this the dealer enters the data into the National Instant Criminal Background Check System
(NICS) to check their eligibility status. This system uses the FBI database, it has a record of rejected less than 2 percent of
application submitted since the date it has been put to use. That’s all one has to do, no formal training, no mental or
physical health check-up, zero police involvement and negligible interview. If one is purchasing an arm from an online
site or gun show he would be lucky enough to even skip the private background check. The process to buy arms is way
to easy and rather could be termed as lenient. This might be one of the reasons for a constant increase in gun related
death in US. During the Obama government a bill was brought to fix the loopholes of the arms law but was rejected by
the congress. Its way too clear that the arms law of India are more efficient and comprehensive than the counterpart in
United States. CONCLUSION
After assessing the law in detail, I could definitely say that the present law is very efficient. The comprehensive
background check makes sure that the person can be trusted with the responsibility of handling a weapon. Such
comprehensive law is very necessary in a country like India where the population is so large that keeping eye on every
corner of the society is a bit difficult. The amendment made in 2019 consolidated the previous law and made it more
robust, the introduction of new crimes and penalties were necessary specially to prevent the large scale of arms
smuggling going in the border areas. The north eastern region & region disturbed by the Naxalites are highly prone to
arms smuggling due to its geographical and social pattern. The law is very strong on the papers but needs to be equally
strong in its implementation. Special teams should be made to maintain the provision of the law on ground. If there is a
continuous surge in gun related crime and there is an increase in the trade of illegal weapons, it is pretty sure then that
the problem does not lie in the law, the problem lies in the way of implementing the law. The law is quite efficient but it is
way too stringent that is required. If the law-abiding citizens are not able to get the arms because of the strict procedures
whereas the negative elements of the society can easily procure any arms by dodging the law, the real intent behind
giving personal arms that is, personal safety, is completely negated. There must be a quick procedure that must be
developed so that the common citizen could avail their means for safety easily and stand at better position to protect
themselves and their valid interests. Presence of large number of illicit weapons in our society also indicates large illegit
interests. Sometimes if a person who seriously need an arm for protecting himself but couldn’t get one because of the
extra strict laws he resorts to take an illicit weapon for the very same reason. Illegit weapon in our country harms us in
many ways, it weakens our economic system and corrodes our justice system. The police to population ration is already
very low, police is burdened with so much of responsibilities that it impedes in its primary responsibility of providing
security and safety. With such a large amount of work and a relatively small force how could we expect them to do them
the background check and stuff efficiently and in time. There must be a special team allotted in the licensing section of
the government for background check. This move will bring great relief to the police force, the licensing authority as well
as the general public. I would like to conclude by expressing the fact that the current law for arms is very apt but its
efficiency could be improved if the implementation of the law becomes more refined. REFERENCES
• Buying Guns: How Does India Compare With The Us? (cnbctv18.

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com) • What are Gun Laws in India?, How can one get a gun in India? -

Legal Desire • India sees the third-highest firearm-related deaths in the world (theprint.in) • Arms Amendment Bill 2019:
Everything you need to know! (jagranjosh.com) • Act 054 of 1959 : Arms Act, 1959 | CaseMine • Arms Act: Arms And
Ammunition Laws In India - Getlegal India • Arms Amendment Bill 2019: Everything you need to know! (jagranjosh.com)
• Steady rise seen in Delhi crimes involving firearms | (indiatribune.com) •

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The Arms Act, 1959|Legislative Department | Ministry of Law and Justice | GoI •

The Arms (Amendment) Bill, 2019 (prsindia.org)

1 Arms act 1959,s 2(c) 2 Arms act 1959, s 13(1) 3 Ibid., s 13(2) 4 Ibid., s 13(2)(A) 5 ARMS(AMENDMENT) ACT 2019, s(8) 6
ARMS ACT 1959, s(5)(a) 7 Ibid., s(19)(1) 8 Ibid., s(21) 9 Arms (amendment) Act 2019, s(9) 10 Arms Act 1959 , s(25)(1B) 11
Ibid., s(27)(1) 12 Ibid., s(27)(2)
2

Hit and source - focused comparison, Side by Side

Submitted text As student entered the text in the submitted document.
Matching text As the text appears in the source.
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means articles of any description designed or adapted as
weapons for offence or defense, and includes firearms,
sharp-edged and other deadly weapons, and parts of,
and machinery for manufacturing, arms, but does not
include articles designed solely for domestic or
agricultural uses such as a lathi or an ordinary walking
stick and weapons incapable of being used otherwise
than as toys or of being converted into serviceable
weapons.
means articles of any description designed or adapted as
weapons for offence or defence, and includes firearms,
sharp-edged and other deadly weapons, and parts of,
and machinery for manufacturing, arms, but does not
include articles designed solely for domestic or
agricultural uses such as a lathi or an ordinary walking
stick and weapons incapable of being used otherwise
than as toys or of being converted into serviceable
weapons.” 31

CHAPTER I.docx (D49141877)

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whether right to bear arm is a part of right to self- whether the right to bear arms formed a part of the right
defense, which forms a facet of right to life, to self-defence, which is a facet of the right to life

https://blog.ipleaders.in/possession-of-arms-under-the-arms-act-1959/

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Among the many misdeeds of British rule in India, history Among the many misdeeds of the British rule in India,
will look upon the Act depriving a whole nation of arms history will look upon the Act depriving a whole nation of
as the blackest.’’ The arms act arms as the blackest. If we want Arms Act

https://blog.ipleaders.in/possession-of-arms-under-the-arms-act-1959/

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a person was permitted to get a license for up to three a person was permitted to obtain a license for up to three

https://byjusexamprep.com/the-arms-amendment-act-2019-i
 5/24 SUBMITTED TEXT 105 WORDS
The Indian Arms (Amendment) Bill (No. 49 of 1953) was
introduced by the under-signed in the Lok Sabha on the
27th November, 1953 to focus Parliament's attention on
this vital subject. It was discussed in the House on 26th
March, 1954 and was circulated for public opinion.
Opinions were received from all the State Governments
which contained not only their own views but also those
of many legal luminaries, Bar Associations, Judges,
Collectors, Senior Police Officers and local Bodies of their
respective States. On the basis of those opinions, this bill
https://www.indiansforguns.com/arms_act_1959_arms_rules_1962_28-09-2015.pdf
6/24 SUBMITTED TEXT 95 WORDS
been sentenced on conviction of any offence involving
violence or moral turpitude to imprisonment for 4 [any
term], at any time during a period of five years after the
expiration of the sentence, • Who has not been ordered
to execute under Chapter VIII of the 5 [Code of Criminal
Procedure, 1973 (2 of 1974),] a bond for keeping the
peace or for good behaviour, at any time during the term
of the bond.
http://www.bareactslive.com/ACA/ACT099.HTM
7/24 SUBMITTED TEXT 16 WORDS
is of unsound mind, or • Is for any reason under this act
unfit for
CHAPTER I.docx (D49141877)
8/24 SUBMITTED TEXT 36 WORDS
application, the licensing authority must call the officer in
charge of the nearest police station on that application,
as such officer shall submit his report in the stipulated
time. 4 The licensing authority after
https://www.indiansforguns.com/arms_act_1959_arms_rules_1962_28-09-2015.pdf
92% MATCHING TEXT 105 WORDS
The Indian Arms (Amendment) Bill (49 of 1953) was
introduced by the in the Lok Sabha on 27 th November,
1953 to focus the Parliament's attention on this vital
subject. It was was discussed in the House on 26th
March, 1954 and was circulated for public opinion.
Opinions were received from all the State Governments
which contained not only their own views but also those
of many legal luminaries, Bar Associations, Judges,
Collectors, Senior Police Officers and local Bodies of their
respective states. On the basis of those opinions this Bill
96% MATCHING TEXT 95 WORDS
been sentenced on conviction of any offence involving
violence or moral turpitude to imprisonment for [any
term] at any time during a period of five years after the
expiration of the sentence, iii) who has been ordered to
execute under Chapter VIII of the [Code of Criminal
Procedure, 1973 (2 of 1974)] a bond for keeping the
peace or for good behaviour, at any time during the term
of the bond,
76% MATCHING TEXT 16 WORDS
is of unsound mind, or is for any reason unfit for
63% MATCHING TEXT 36 WORDS
application, the licensing authority shall call for the report
of the office in charge of the nearest police station on
that application, and such officer shall send in his report
within the prescribed time. (2A) The licensing authority,
after
 9/24 SUBMITTED TEXT 32 WORDS
to the district magistrate & officer in-charge of the
nearest police station.
https://www.indiansforguns.com/arms_act_1959_arms_rules_1962_28-09-2015.pdf
10/24 SUBMITTED TEXT 40 WORDS
ARMS AND MANUFACTURE: • No person under this is
entitled to use, sell, transfer, convert, repair, test or prove,
or expose or offer to sell or transfer or have in possession
for sale, transfer, conversion, repair or test any
http://www.commonlii.org/in/legis/cen/num_act/aa195968/
11/24 SUBMITTED TEXT 39 WORDS
Any police officer or any other officer specially
empowered in this behalf by the Central Government
may demand the production of his licence from any
person who is carrying any arms or ammunition. 8 •
http://www.bareactslive.com/ACA/ACT099.HTM
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sells, transfers, converts, repairs, tests or proves, or
exposes or offers for sale or transfer, or has in his
possession for sale, transfer, conversion, repair, test or
proof, any arms or ammunition in contravention of
section 5; or(ii) shortens the barrel of a firearm or
converts an imitation firearm into a firearm or (iii) brings
into, or takes out of, India, any arms or ammunition of
any class or description in contravention of section 11,
shall be punishable with imprisonment for a term which
shall not be less than 3 years 9 (
http://www.commonlii.org/in/legis/cen/num_act/aa195968/
83% MATCHING TEXT 32 WORDS
to the District Magistrate having jurisdiction or the
officer-in-charge of the nearest police station,
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arms and No person shall-- (use, sell, transfer, convert,
repair, test or prove, or (b) expose or offer for or transfer
or have in his possession for sale, transfer, conversion,
repair, test or proof, any
100% MATCHING TEXT 39 WORDS
Any police officer or any other officer specially
empowered in this behalf by the Central Government
may demand the production of his licence from any
person who is carrying any arms or ammunition. (2)
93% MATCHING TEXT 93 WORDS
sells, transfers, converts, repairs, tests or proves, or
exposes or offers for sale or transfer, or has in his
possession for sale, transfer, conversion, repair, test or
proof, any arms or ammunition in contravention of
section 5; or (b) shortens the barrel of a firearm or
converts an imitation firearm into a firearm in
contravention section 6; or 3* * * * * (brings into, or takes
out of, India, any arms or ammunition of any class or
description in contravention of section 11 shall be
punishable with imprisonment for a term which shall not
be less than three years
 13/24 SUBMITTED TEXT 80 WORDS
has in possession or carries any firearm or ammunition in
contravention to section 3 or(ii) acquires, has in his
possession or carries in any place specified by notification
under section 4 any arms of such class or description as
has been specified in that notification in contravention of
that section; or(iii) sells or transfers any firearm which
does not bear the name of the maker, manufacturer’s
number or other identification mark stamped or
otherwise shown thereon as required by
https://www.indiansforguns.com/arms_act_1959_arms_rules_1962_28-09-2015.pdf
14/24 SUBMITTED TEXT 29 WORDS
or(iv) sells or transfers any firearm which does not bear
the name of the maker, manufacturer’s number or other
identification mark stamped or otherwise shown thereon
as required
http://www.commonlii.org/in/legis/cen/num_act/aa195968/
15/24 SUBMITTED TEXT 37 WORDS
or (v) brings into, or takes out of, India, any arms or
ammunition in contravention of section 10; or (vi)
transports any arms or ammunition in contravention of
section 12; or being a manufacturer fails to
http://www.commonlii.org/in/legis/cen/num_act/aa195968/
16/24 SUBMITTED TEXT 31 WORDS
shall be punishable with imprisonment for a term which
shall not be less than one year but which may extend to
three years and shall also be liable to a fine.(
http://www.commonlii.org/in/legis/cen/num_act/aa195968/
17/24 SUBMITTED TEXT 17 WORDS
two years but which may extend to five years and shall
also be liable to fine”
http://www.bareactslive.com/ACA/ACT099.HTM
93% MATCHING TEXT 80 WORDS
has in his possession or carries any firearm or
ammunition in contravention of section 3; or ( acquires,
has in his possession or carries in any place specified by
notification under section 4 any arms of such class or
description as has been specified in that notification in
contravention of that section; or (sells or transfers any
firearm which does not bear the name of the maker,
manufacturer's number or other identification mark
stamped or otherwise shown thereon as by
95% MATCHING TEXT 29 WORDS
or ( sells or transfers any firearm which does not bear the
name of the maker, manufacturer's number or other
identification mark stamped or otherwise shown thereon
as required
80% MATCHING TEXT 37 WORDS
or ( brings into, or takes out of, India, any arms or
ammunition in contravention of section 10; or (
transports any arms or ammunition in contravention of
section 12; or ( h) fails to
95% MATCHING TEXT 31 WORDS
shall be punishable with imprisonment for a term which
shall not be less than 6*[one year] but which may extend
to three years and shall also be liable to fine:
100% MATCHING TEXT 17 WORDS
two years but which may extend to five years and shall
also be liable to fine]
 18/24 SUBMITTED TEXT 58 WORDS 89% MATCHING TEXT 58 WORDS

Punishment for using arms: Whoever uses any arms or
ammunition in contravention of section 5 shall be
punishable with imprisonment for a term which shall not
be less than three years but which may extend to seven
years and shall also be liable to fine. 12 • Anyone who
uses prohibited arms in contravention
Punishment for using arms, Whoever uses any arms or
ammunition in contravention of section 5 shall be
punishable with imprisonment for a term which shall not
be less than three years but which may extend to seven
years and shall also be liable to fine. (2) Whoever uses
prohibited arms or prohibited ammunition in
contravention

http://www.commonlii.org/in/legis/cen/num_act/aa195968/

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section 7 shall be punishable with imprisonment t for a section 11, shall be punishable with imprisonment for a
term which shall not be less than seven years but which term which shall not be less than [seven years but which
may extend to imprisonment for life and shall also be may extend to imprisonment for life] and shall also be
liable to fine. • liable to fine.

http://www.bareactslive.com/ACA/ACT099.HTM

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Punishment for use and possession or imitation firearms Punishment for use and possession of firearms or
in certain cases: Anyone who uses or attempts to imitation firearms in certain cases.- Whoever makes or
attempts to

http://www.commonlii.org/in/legis/cen/num_act/aa195968/

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shall be imprisoned for a term which may extend to 3 shall be punishable with for a term which may extend to
years or with fine or with both. [three years, or with fine, or with both].

http://www.bareactslive.com/ACA/ACT099.HTM

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up to two years or fine up to Rs one lakh or both. up to two years, or fine of up to one lakh rupees, or both.

https://prsindia.org/billtrack/the-arms-amendment-bill-2019

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com) • What are Gun Laws in India?, How can one get a
gun in India? -

Content.docx (D57495135)
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The Arms Act, 1959|Legislative Department | Ministry of The Arms Act, 1959|Legislative Department | Ministry of
Law and Justice | GoI • Law and Justice | GoI "

https://legislative.gov.in/actsofparliamentfromtheyear/arms-act-1959