Week - 2 (Class - 1)

Arms Act 1959 & Standard and Non- Standard Firearms

Name - Shagun Rathour

Faculty

Budding Forensic Academy

Arms Act History

In 1857, Sepoy mutiny (First war of Independence)

Arms Act

• According to the Arms Act 1878, only those Indians who had prior permission or a proper license were allowed to possess arms.
• This act further regulated the manufacture, sale, possession and carrying of firearms.
• After independence, the Government of India passed the Indian Arms Act, 1959, further also followed by the Arms Rules 1962.
• This act aim is to Consolidate and amend the law relating to arms and ammunitions.

Arms Act

• Chapter I: Preliminary (Section 1 & 2)
• Chapter II: Acquisition, Possession, Manufacture, Sale, Import, Export, and Transport of Arms and Ammunition (Section 3 to 12)
• Chapter III: Provisions relating to licence (Section 13 to 18)
• Chapter IV: Powers and Procedure (Section 19 to 24
• Chapter V: Offences and penalties (Section 25 to 33)
• Chapter VI: Miscellaneous (Section 34 to 46)

Act No. 54, The Arms Act, 1959

• It was enacted on 23rd December 1959
• It was come into enforcement on 10 October 1959

Chapter- I (Preliminary)

• Short title, extent and commencement- This come into force by Central Government.
• Definitions and interpretation-

(a) “acquisition”

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(b) “ammunition” means ammunition for any firearm, and includes—

(i) rockets, bombs, grenades, shells 3 [and other missiles,]

(ii) article designed for torpedo service and submarine mining,

(iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not,

(iv) charges for firearms and accessories for such charges,

(v) fuses and friction tubes,

(vi) parts of, and machinery for manufacturing, ammunition, and

(vii) such ingredients of ammunition as the Central Government may, by notification in the Official Gazette, specify in this behalf.

Act No. 54, The Arms Act, 1959

(c) “arms” means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged 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.

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Act No. 54, The Arms Act, 1959

(e) “firearms” means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes—

(i) artillery, hand-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such thing,

(ii) accessories for any such firearm designed or adapted to diminish the noise or flash caused by the firing thereof,

(iii) parts of, and machinery for manufacturing, firearms, and

(iv) carriages, platforms and appliances for mounting, transporting and serving artillery.

Act No. 54, The Arms Act, 1959

Act No. 54, The Arms Act, 1959

(h) “prohibited ammunition” means any ammunition containing, or designed or adapted to contain, any noxious liquid, gas or other such thing, and includes rockets, bombs, grenades, shells, 4 [missiles,] articles designed for torpedo service and submarine mining and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition;

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(i) “prohibited arms” means— (i) firearms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missiles is empty, or

(ii) weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and includes artillery, anti-aircraft and anti-tank firearms and such other arms as the Central Government may, by notification in the Official Gazette, specify to be prohibited arms;

Act No. 54, The Arms Act, 1959

Act No. 54, The Arms Act, 1959

CHAPTER II (ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT AND TRANSPORT OF ARMS AND AMMUNITION)

3. Licence for acquisition and possession of firearms and ammunition-

(1) No one can own or carry a gun or ammunition without a license, but they can do so for repairs or license renewal if they have written permission from the license holder.

(2) No one can own more than two firearms at a time, except for those covered under specific rules.

(3) Using .22 bore or air rifles for target practice.

(3)Sub-section (2) does not apply to licensed firearm dealers or members of government-recognized rifle clubs using .22 bore or air rifles for target practice.

4. Licence for acquisition and possession of arms of specified description in certain cases- If the Central Government thinks it's necessary for public interest, it can issue a notification to regulate non-firearm weapons in a specific area, requiring a license for their possession.

5. Licence for manufacture, sale, etc., of arms and ammunition.- No one can sell, transfer, repair, or possess firearms or certain weapons without a license

Act No. 54, The Arms Act, 1959

Act No. 54, The Arms Act, 1959

6. Licence for the shortening of guns or conversion of imitation firearms into firearms

No one can shorten a firearm's barrel or convert a replica into a firearm without a proper license as per the rules of this Act.

7. Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or prohibited ammunition- without Central Government Permission.

8. Prohibition of sale or transfer of firearms not bearing identification marks- No one can remove, change, or fake any identification marks on firearms or ammunition, and firearms must have proper identification.

Act No. 54, The Arms Act, 1959

9. Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc - People under 21, those convicted of violent or immoral crimes in the last five years, or those on a peace or good behavior bond cannot own or carry firearms or ammunition; sellers must not transfer firearms to anyone they believe is prohibited or mentally unfit; however, trained individuals above the legal age can use firearms under specific conditions.

Act No. 54, The Arms Act, 1959

10. Licence for import and export of arms, etc- No one can bring arms or ammunition into or out of India without a license, except individuals legally allowed to possess them for personal use or tourists from specified countries bringing them for sporting purposes.

11. Power to prohibit import or export of arms, etc- The Central Government can issue a notification to ban the import or export.

12. Power to restrict or prohibit transport of arms- The Central Government can issue a notification to require a license for transporting certain arms or ammunition within India or to ban.

Standard Firearms

A standard firearm refers to any weapon or firearm that is designed, manufactured, and regulated according to specific industry and legal standards. (These standards ensure safety, performance, and consistency across firearms)

MECHANISM-

• Bolt Action
• Lever Action
• Pump Action
• Semi-automatic
• Fully Automatic

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REGULATION AND STANDARDIZATION-

• Proofing
• Serial Numbers
• Licensing

MAINTENANCE -

• Cleaning
• Lubrication
• Inspection

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Standard Firearms

• Non Prohibited Bore weapons include arms such as- handguns of caliber .35, .32, .22 and .380.
• All civilians can apply for possession of an NPB by following the due procedure under Chapter II and Chapter III of the Arms Act 1959.)

Standard Firearms

0.35 W&S

0.32

0.22

0.380

0.22

Standard Firearms

• Prohibited Bore weapons include pistols (9 mm) and handguns of caliber .455 and caliber .303 rifles.
• They also include semi automatic and fully automatic guns.
• Issuing of license of PB weapons only applies to a specific species of weapons as notified by the Government in the Official Gazette.

9mm

0.303

Act No. 54, The Arms Act, 1959

CHAPTER III (Provision relating to licences)

13. Grant of licences- To apply for a gun license, submit the application with necessary details and fees; the licensing authority, after reviewing a police report, may approve or deny it, granting licenses for specific uses like protection, crop protection, sport, or target practice if valid reasons are provided.

14. Refusal of licences- The licensing authority will refuse a gun license for prohibited arms, for individuals deemed legally restricted, unfit, or a public safety risk, but cannot refuse solely due to lack of property.

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Act No. 54, The Arms Act, 1959

15. Duration and renewal of licence- A gun license under section 3 is valid for five years (or a shorter period if specified), requires periodic verification with authorities, and is renewable for the same duration.

16. Fees, etc for licence- License fees, conditions, and forms will vary by license type as prescribed, with additional conditions set by the licensing authority.

17. Variation, suspension and revocation of licences- The licensing authority can change, suspend, or revoke a license for public safety, legal violations, false information, or non-compliance, with reasons documented.

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Act No. 54, The Arms Act, 1959

18. Appeals- Anyone aggrieved by a licensing authority’s decision on granting, suspending, revoking, or altering a license can appeal within the set timeframe.

Act No. 54, The Arms Act, 1959

CHAPTER IV (POWERS AND PROCEDURE)-

19. Powers to demand production of licence, etc- A police officer or authorized official may request anyone carrying arms to show their license, and if they fail to do so, the officer may seize the arms, take their details, and, if necessary, arrest them without a warrant.

20. Arrest of persons conveying arms, etc., under suspicious circumstances- If someone is found carrying arms suspiciously, suggesting intent for unlawful use, any magistrate, police officer, public servant, or transport employee may arrest them without a warrant and seize the arms.

Act No. 54, The Arms Act, 1959

21. Deposit of arms, etc., on possession ceasing to be lawful- Anyone with arms or ammunition that are no longer legally possessed must promptly deposit them with the police or a licensed dealer, can reclaim or dispose of them under certain conditions.

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