LICENCING SYSTEM OF WEAPONS IN INDIA

ABSTRACT

India already had one of the strictest gun laws in the world, a vestige of British colonial rule, which aimed to disarm its subjects. India law allows citizens to own and carry guns, but it is not a right enshrined in the constitution. Getting a gun license in India is a difficult task that can take years. In India there are large number of crimes taking place every day. In our society there are different hierarchy is settled by the government of India for there licencing and for prohibition.

For every mis-happening and adverse situation we generally follow the hierarchy i.e. is going to police station and file an FIR for this but sometime the condition is so adverse that we are not able to follow the hierarchy but we have to take the strong action at the time . For example, if we at gun point, we can’t wait for the police or any other authority that time we need a protection which is only done through any weapons or strong physical training so that we can able to tackle it. This may sound crazy, but this is true. This action may be called as private defence. In India laws related to licence is very rough because of their misuse. There are various incident has been recorded in which the misuse of such weapon is taken place. In Uttar Pradesh, Bihar, Mumbai, Hyderabad etc is the most famous cities for their encounters. Everything has a certain defects or demerits but if we think positively in case of emergency and mis-happening only weapon can save our life. This article covers the types of licence, how we can get, who is the responsible authority, which statute and provision regulates, provision in the arms act and how we can transfer the licence.

Keywords: Strictest, Gun, Crimes Self-defence, Misuse, Encounter Etc.

INTRODUCTION

Now, in the most ambitious restructuring of arms rules in over five decades, the government has made the laws even tougher. Under the new rules, prospective gun owners will have to show they have been trained, only carry firearms in holders and secure them in a "knocked down" condition in gun lockers at home. The government will declare new gun-free zones, in addition to schools, across the country. Even air guns will require an arms license.

Getting a Gun License in India comes under the Arms Act of 1959. Civilians or citizens of India who want to own a gun are allowed to purchase only NPB guns (Non- prohibited bore). This Act allows the civilians to get a gun license if they have a major threat towards their life

Indian Arms Act allows two types of licenses - Non Prohibited Bore (NPB) and the Prohibited Bore(PB).

NPB licenses can be issued to anyone of Indian Nationality who can claim a licensee status under the following:

1.     Self Defence - Individuals who could be prone to being attacked for reasons including being wealthy, being under threat, etc.

2.     General Security - which include provision of security for Banks, Institutions, etc. This can also cover the gun men and protection squad of VVIPs and politicians.

3.     Crop Protection - hose who have agricultural or similar lands which need protection from Non-Scheduled pests and vermin, like boars, etc.

4.     Sports Shooting - Those under sports shooting discipline who need guns for sports purposes.

5.     Returning NRI - Any Indian who is returning to India and has owned a gun in his foreign residence for over 2 years, can apply for an Indian license and bring back the gun they owned abroad.

6.     Foreign National Status - Any Foreign National is allowed to own and bear arms for a maximum period of 6 months during their stay in India, given valid reasons.

Now, for all the above, certain legit factor have to be met, which includes a sane mind and matching physical status. A provision for securely storing the arms. A no-criminal certificate from the local police station. Further clearance from SCP/SP/DCP/Commissioner.

So the license process starts with a physical certificate, followed by a minimum ‘Civilian Training Certificate’ course, due inspections of records and premises by police including neighbour’s NOC, interviews by ACP/SP and/or DCP, post which the licence is issued with a time limit of 6 months to purchase he allotted gun.

The allotted gun could be a rifle, handgun (pistol/revolver) or shotgun (DBBL and SBBL). Allotment of license also covers a maximum number of ammos that can be purchased at one time, and the maximum that can be owned at one time. All these will depend on the need and the decision of the case officer.

Whereas, a PB license can be issued only to special departments and individuals and will require a direct application to the Home Department or the Governor or the Prime Minister for example PB license for the 9 mm pistol.

PB and NBP varies by the calibre that these types of guns are. mostly, PB guns are of the ammo that the defence and similar forces use, and hence classified as a non-commercial and non-civilian arm.

HOW TO GET GUN LICENSE

The Arms Rules, 2016 have not brought in any new restrictions on grant of licences to individuals. The provisions for grant of licences as contained in the Arms Act, 1959 are extracted hereunder ─

Arms Act, 1959 Section 13(3) (3) The licensing authority shall grant – (a) a licence under Section 3 where the licence is required- (i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bonafide crop protection

 Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or (ii) in respect of a point 22-bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognized by the Central Government;

(b) a licence under Section 3 in any other case or a licence under Section 4, Section 5, Section 6, Section 10 or Section 12, if the licensing authority is satisfied that the person by whom any licence is required has a good reason for obtaining the same.

The obligations of the licensing authorities for grant of licences for permissible category of arms and ammunition have been brought in Rule 20(3) of the Arms Rules, 2016, namely─

(3) For grant of a licence for the permissible arms or ammunition specified in category III in Schedule I, and without prejudice to the provisions contained in clause (a) of subsection (3) of section 13, the licensing authority, based on the police report and on his own assessment, may consider the applications of ─

 (a) any person who by the very nature of his business, profession, job or otherwise has genuine requirement to protect his life and/or property; or

(b) any dedicated sports person being active member for the last two years, of a shooting club or a rifle association, licensed under these rules and who wants to pursue sport shooting for target practice in a structured learning process; or

(c) any person in service or having served in the Defence Forces, Central Armed Police Forces or the State Police Force and has genuine requirement to protect his life and/or property. Perusal of the above provisions amplify that no new restrictions have been introduced for grant of licences to individuals

First step is to submit an application. One can get the application form from the district superintendent of the police of the particular state

·         After getting the application, the police will check if there are any past records of any kind of criminal activity and they will also check if the address given is authentic or not.

·        There are a lot of information gathered about the person who wants to obtain a gun, which also includes asking the people in the surrounding or neighbourhood if they see any kind of malicious treatment or if they have seen the person getting involved in fights due to anger or burst out.

·         To determine if the person is mentally or physically ill or not, the DCP does an interview of the person who wants to get the gun license.

·        Self-defence is stated as one of the major reasons why most people in India wants a gun and it is accepted also. One can also ask for a gun license if he/she wants protection from the wild animals.

·        After the interview, the DCP sends the reports to both the criminal branch and the national crime record bureau.

If all these steps are fulfilled and the DCP is satisfied with the relevant information, a civilian can get a gun license after this.

Now, after getting the gun license, the customer obviously has to contact the dealer for the procurement of the gun. For this, the customer will have to book a pre-order to get the gun from any licensed shop of their choice.

HOW TO SELL YOUR LICENSED GUN

If somebody wants to sell their weapon, they should submit an application with Rs 5/- court stamp on it with attached copy of the original gun license and inform the arms branch that they’re interested in selling their weapon. They should provide all the documents which they earlier submitted for getting the weapons issued.

CAN THE GUN BE TRANSFERRED?

If the original gun license is present during the lifetime of the person who wants to transfer the ownership of the weapon to the legal heirs by making application on a plain paper and this paper will be attached with the Form A of the person to whom the transfer of license is given.

If the original license has expired, then the application can be made again in the form A. There will be the requirement of two passport size photos and there should be no objection from the legal heirs.

CAN OVERSEAS INDIAN CITIZENS GET GUN LICENSE IN INDIA?

Getting a gun license in India for overseas citizens of India depends on the particular residence of the overseas citizen.

1.     It must prove that the state of residence is permanent.

2.     It’ll have to give a valid reason of why it wants the gun license.

For instance, if he wants the license for hunting purpose. But, for the overseas citizens who come to India for short span of time, it gets very hard for them to attain license.

CANCELLATION OF GUN LICENSE

·        If the person during getting a gun license, suppresses or does not convey the right material facts for obtaining the gun license then the officials can cancel the license. The officials can also suspend a gun license for a particular period of time.

·        The license officer can suspend a gun license if he is satisfied that the owner of the gun has prohibited certain provisions under the act.

·        They can also suspend gun license if there is a threat in the public space and if the delivery of the weapon is not done after the end of the license term.

OBTAIN LICENSE TO IMPORT – EXPORT GUNS

In the general law, it is given that no citizen can import or export the guns based on the foreign trade policies but there are certain exceptions to this to import any item to another country-

·        Firstly, the user or importer should get the license from the authority.

·        The importer can directly contact the government agency and from there he will get the procedure to import of the arms.

·        Under the import of goods, documents regarding the imports and custom clearance certificate is necessary. They should also have the origin of the certificate.

·        Now, we need to understand that the imports of the goods from the least developing countries need to be certified before the export.

NUMBER OF GUNS TO BE OWNED WITH ONE GUN LICENSE

An Indian citizen can own more than one guns on one arms license. But, each type of firearm needs to be individually endorsed after taking the due permission from the license authority.

So, for example, let’s say you initially apply for an arms license for a handgun (NPB pistol/ revolver), the license is granted, and you purchase and have the handgun endorsed on your license.

Later, if you wish to purchase a rifle/ additional handgun/ shotgun, you will need to write an application to the licensing authority, requesting for an addition of the type of firearm you wish to have added (rifle/ handgun/ shotgun) and stating/explaining your need for the same.

The licensing authority should approve the application only then can another arm can be purchased. There is a maximum limit of 3 firearms that an individual can own at any given point of time.

CHANGES REGARDING ARMS RULES

Now, every person who is applying for arms license must go through a safety training course relating to arms.

This course will involve safeguard principles including-

·        Safe handling.

·        Firing technique.

·        The whole procedure for their safe keeping or transportation.

The authority also says that the arms license will be given to the individuals who confront grave and foresee risk to their life by reason of being inhabitant of their region or zones, where they have threat to their lives and the extremists are most active.

Now, the license authority can grant the license or refuse to give it just within a period of 60 days. The government has allowed citizens to own licensed electronic disabling devices such as taser gun. The main purpose of issuing taser gun is to enhance women’s safety.

AREA VALIDITY OF ARMS LICENCES

In respect of Prohibited Bore (PB) weapons, extension area to one state or more than one states or all over India is to be considered by the Central Government on the merits of the reasons given by the retainer of the weapon. For NPB weapons, instructions have been issued to the State Governments to carefully consider requests for allowing All India Validity (AIV) judiciously based on the recommendations of the DM concerned depending upon the genuineness of the request, local factors and the law and order situation.

The state governments have been advised to allow area validity up to a maximum of three adjoining States and also to consider AIV requests at State level for the following categories:

(i) Sitting Union Ministers/Members of Parliament,

(ii) Personnel of Military and Paramilitary,

(iii) Officers of All-India Services,

(iv) Officers with liability to serve anywhere in India, of applicants may be approved at the level of Secretary (Home) of the State concerned.

For the applicants not covered by the above categories, the State Government shall seek prior concurrence of MHA (Ministry of Home Affairs) with full clarification in deserving cases. All India Validity can be allowed for three years in such cases and shall be re-considered after 3 years by the State Government with prior concurrence of MHA. The State Government may send data of All-India validity on quarterly basis to MHA.

GRANT OF ARMS LICENCES UNDER FAMILY HEIRLOOM

PB/ NPB weapons of an existing licensee can be transferred to his/her legal heir. If the licensee had held the weapon for a period of 25 years or more or the licensee has attained the age of 70 years or more. Applications can be filed for transfer of PB and NPB weapons with the MHA and State Government/DM, subject to the condition that the legal heir should be eligible to get the license under the Arms Act and should be capable of handling the weapon.

Currently, son/daughter/wife/husband are considered as ‘legal heir’ and the licensee can file an application to transfer the licence in favour of them. After the death of the licensee the license can be transferred to his/her legal heir without any objection. If a person owns more than three guns under one license before or at the commencement of the arms (amendment) act,1983 then he is given an option to retain any three guns submit the rest to the officer in charge of the nearest police station or with a licensed dealer or, where such person is a member of the armed forces of the Union

LICENSE TO IMPORT – EXPORT GUNS

In the case when the import-export is not for the purpose of selling but for personal use then any person who is authorised under the arms act to have such arm can bring in and out of India such arm without any specific license.

In the case of a non-citizen i.e. belonging to any other country is not prohibited by the laws of that country from having in his possession any arms and ammunition then he can bring with into India arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose.

LICENSE EXEMPTION FOR DEFENCE PERSONNEL

A military officer is allowed to keep one personal firearm (this is beside their service issue firearm) without the need for a license. They need to inform their CO about the firearm and have the CO (Commissioned Officer) enter the make, serial number and etc in their register. They must also get a license once they are discharged from service. This is covered in the Defence Service Rule. Rule says that the Commissioned officer can keep a handgun and those from the rank’s a shotgun or rifle without a license during their service.

According to Section 3 and 4 of Armed act,1959 all person in India can have a license issued for possessing, acquiring or carrying any arm or firearm. Section 41 of Armed act is penal provision for contravention of act. Enacted to notify in the official gazette, exempt any person or class of people or exclude any description of arms from the operation of all or any of the provisions in this act.

Under Rule 57(3) of the act the central government has issued a general order i.e, all junior commissioned officer, warrant officer, petty officers, non-commissioned officers and soldiers of armed forces whether in service or retired are exempted from payment of fees for grant or renewal of any license for the sporting gun or rifle with reasonable quality of ammunition.

Section 17 of The Arms Act, 1959; Variation, suspension and revocation of licenses. —

Provision for variation in firearm license

Variation of firearm license means any kind of changes or alteration or any difference from that of the existing condition in the license typically within the given limits. The license authority can vary the condition to which license is already granted except for the ones which are prescribed through the act which are mandatory.

1.     The license-holder by a notice in writing is asked to deliver the licence to the licensing authority within the specified time.

2.     The license authority may make changes, on receiving the application from the license holder or also change the conditions of the license except for the prescribed.

PROVISION FOR SUSPENSION OR REVOCATION OF FIREARM LICENSE

Suspension of firearm license means temporary or permanent prohibition of holding a license or having the possession or use of the firearm. Revocation means total cancellation of the license. The licensing authority may by order in writing suspend the license of a license holder for a period as it may think fit to it or revoke (cancel) the license.

Condition for suspension or revocation

·        If the licensing authority is satisfied that the license holder is prohibited from holding the firearm license under The Arms Act, 1959 or any other law that is in force for time being for acquiring, having the possession or carrying of such arms and ammunition.

·        If the license holder is found to be of unsound mind (mental, lunacy or any other mental disorder).

·        For any other reason that is unfit under The Arms Act.

·        If any condition of the license is violated, or

·        If the license holder has failed to deliver the license within the time specified in the notice.

·        The licensing authority may also revoke the license on the application of the license holder.

·        An authority which is superior to the licensing authority may order in writing to suspend or revoke a license on the grounds of suspension or revocation of license on which the licensing authority may suspend or revoke the license.

·        Court convicting the holder of a license, can suspend or revoke the license of such holder. Exception, if the conviction is set aside through an appeal or otherwise then the suspension or revocation will be void.

·        When the appellate court or the high court exercise their power of revision they can also suspend or revoke the licence of the license holder during the trial.

·        Central government may by order in the Official Gazette, suspend or revoke the license or direct the licensing authority to do so all or any license granted under The Arms Act, 1959 throughout India or even in part of it.

The licensing authority makes an order for varying in the license or an order for suspension or revocation, it should record all the reasons in brief writing and provide to the holder on demand unless the authority feels that the statement will not be of public interest. 

On the suspension or revocation of the license, the license holder is supposed to surrender the license immediately to the authority by whom it is been suspended or revoked or to any other authority as specified in the order of suspension or revocation

India shifted from century-old manual record keeping recently and uploaded information about 2.6-million-gun license holders in a national digital database.

According to the National Crime Records Bureau, gun-related deaths increased from 3,063 to 3,655 between 2010 and 2014. There were 10 times that number in 2013 in the United States.

In the United States, gun dealers send buyer information to the FBI for a criminal background check. But some estimate that nearly 40 percent of gun sales occur online or at gun shows, where no questions are asked. A concealed-carry permit is needed to take a loaded gun in public, and U.S. states and cities have broad discretion to decide who gets them

CONCLUSION

In India various authorities and government officials are authorized in this behalf. Having a personal weapon is not a crime but the only question is how we can use it. Government only issues the licence for the protection of the life from threat and even if you are player and passionate about the shooting, you must show certain document in support of it. Both the Non prohibited and prohibited bore issue by the government in different circumstances. In India even the Non resident of Ind