The Arms Act 1959

The Arms Act of 1959 regulates matters relating to the purchase, possession, production, sale, transportation, import, and export of arms and ammunition. It defines a particular class of 'prohibited' weapons and ammunition, limits their use, and provides direction for penalties for the breach of its provisions.

 

The 1959 Weapons Act is an Act of the Parliament of India which controls issues relating to the acquisition, ownership, production, selling, transport, import and export, weapons, and ammunition licensing. It also helps government officials concerning the matter to exercise powers. It lays down, like any other substantive law, the penalties and punishments associated with the violation of the laws relating to this act. This act deters many Indians from possessing guns to prevent any future possibility of a civilian rebellion.

 

This act's history dates back to colonial times. British people were terrified by Indians after the Rebellion of 1857 as they found that Indians with weapons were a threat to their rule in the region. So, to dismiss the likelihood of another mass rebellion, they implemented the Indian Weapons Act in 1878. According to this law, without prior approval and proper license, no Indian was permitted to hold arms. During Viceroy Lord Lytton's tenure, this rule was enacted and adopted.

All Europeans were exempted from this Act, while strict controls and penalties were imposed on Indians who had some form of arms. Mahatma Gandhi and other national leaders were firmly opposed to this. He said, "Among the many misdeeds of British rule, history will consider the Act of depriving an entire nation of arms as the blackest."

The Indian Weapons Act 1878, after independence, was replaced by the Arms Act, which came into force on October 1, 1962. It was then identified that it is appropriate to enable law-abiding citizens to possess and use firearms under certain circumstances. The Act thus came into force. Therefore, through The Arms Act,1959, the Freedom to Keep and Bear Arms was not made a constitutional right but was accepted as a civil right. 

 

The Preamble states the basic purpose of Arms Act of 1959, that is, "An Act to consolidate and amend the weapons and ammunition rule.” It seeks to reduce the circulation of illicit weapons and the crimes that arise from them.

The Act also aims to identify firearms and other banned weapons to guarantee that-

• That the dangerous weapons of military models are not available to civilians;
• The Act also allows guns for self defense to all residents under license. According to this rule, no person can acquire or possess any weapons or ammunition unless he or she has a license issued under the provisions of this Act.
• The weapons required for training purposes are easily made available based on permits.

 

Section 2(i) of the Arms Act, 1959 describes' prohibited arms.' These are guns, including artillery, anti-aircraft, and anti-tank guns; weapons designed to discharge any liquid, gas, or other harmful material. The purpose of this Act was to exempt knives, spears, bows, arrows, etc. from the list of prohibited items.

And "prohibited ammunition" is specified in Section 2(h) of the act which includes Rockets, explosives, grenades, shells etc.

The Arms Rules, 1962, also provides the classification of arms and ammunition in columns 2 and 3 of their Schedule I, respectively. By publishing a notice in the Official Gazette, the Central Government has the power to specify any other prohibited arms and ammunition.

 

Section 45 of The Arms Act 1959 mentions such circumstances in which the act is not applicable. They are:

• Where guns or ammunition are carried on any sea-going vessel or aircraft belonging to the ordinary armament or equipment of that vessel or aircraft;
• Acquisition, possession or transport of weapons or ammunition, manufacturing, repair, conversion, testing or proofing, selling or transfer or manufacture, export or transport of weapons or ammunition.
• By or under the orders of the central government.
• Raised and retained under the National Cadet Corps Act, 1948 (31 of 1948), by a member of the National Cadet Corps,
• By any Territorial Army officer or enrolled person raised and maintained under the Territorial Army Act, 1948 (56 of 1948) or 56 of 1948.
• Any member of any other force raised and maintained or which may be raised and maintained in compliance with any Central Act or any Central Act thereafter.
• By notification in the Official Gazette, any member of any other power, such as that of the Central Government, may state, in the course of his duties, that he is a member, officer or enrolled person;
• Any weapon of obsolete design or of antiquarian value or in disrepair which, either or without repair, is not capable of being used as a firearm;
• Acquisition, possession or carriage by a person of small parts of weapons or ammunition which are not intended to be used with complementary parts which that person or any other person has acquired or possessed.

 

• As per the new regulations, International Medalists / Renowned Shooters are now eligible to carry up to a total of twelve additional weapons under the excluded category, which was previously seven.
• If a shooter is renowned in one event, he can hold a maximum of eight (previously it was four), he can hold a maximum of ten (previously it was seven) if a shooter is renowned in two events, and if a shooter is renowned in more than two events, he can hold a maximum of twelve (previously it was seven) weapons under the exempted category.
• In addition to this, by amending the Arms Act, 1959, vide the Arms (Amendment) Act, 2019, the Ministry of Home Affairs has also made other required amendments in the Arms Laws, 2016.
• Through these amendments, it was also clarified that no license is required for Indian citizens to acquire small arms belonging to the Curio group.
• However, for use or to carry or transport such as small arms, an acceptable license as prescribed will be necessary. No ammunition shall be sold for their use without the endorsement of those weapons under the specified license of the owner.

It should be noted that the maximum number of firearms to be possessed by any person has been reduced from three to two as per the provisions of the Arms (Amendment) Act, 2019. A facility has been provided for those in possession of three firearms to maintain any two such firearms and to deposit the remaining firearms by 13 December 2020.

 

ALMORA & ORS, MAGISTRATE CASE:
In this case, the applicant applied for a revolver license. Even after all the requisite formalities for obtaining a clearance were met, no license was issued.

The complaint then approached the Allahabad High Court. In that specific case, Justice Katju held that if an application had been made for a weapon which did not fall under the category of banned weapons and if three months had elapsed and no contact had been received, the license would be considered to have been issued by the government. He took the opinion that the right to bear arms is included in the right to self-defense, and should fall within the parameters of Article 21, and deals with the right to life, as it is a natural right.

He pointed out that the worship of weapons in Diwali and Dussehra and the use of weapons in Mahabharata demonstrate that this right is linked to the integrity and self-respect of the person and that Article 21 guarantees the right to live with dignity.

However, this decision was made before the Mumbai 1993 bomb attack. Subsequent decisions overruled this ruling and, as of now, the settled point is that the freedom to bear arms is regulated only by the Arms Act and is not secured constitutionally. Thus, by the Arms Act,1959, the Freedom to Keep and bear Arms is not made a constitutional right but is accepted as a civil right.