Wishlist - what would you like the Arms Act to be?

[eaglesharp10]

MY LIST OF LAWS

1> All law abiding citizens should be allowed to OWN guns.
2> No limit for 12 bore and .22 ammos (as they r not used by antisocial elements).
3> Import of 12 bore & .22 guns should be allowed as well as their ammos.
4> Repeater 12 bore & .22 should be made legal. While one gets the general idea of what you are trying to convey, wrong terminology will cause misunderstanding and incorrect stances - You probably meant Semi Automatics. repeaters are strictly speaking, bolt actions, lever actions etc. Note that under current law, any type of weapon is legal, including semiautomatics and full automatics as long as a valid PB license is issued against it- and the MHA has the power to do so. The problem is more often than not, they don't. - Mod
5> No restriction on gun accessories like scopes, silencers etc.
6> All licences should be national with no renewal period.
7> No of guns per licence should be increased.
8> A person holding a gun licence should be entitled to carry other`s guns same as with driving licence
9> There should be strict laws, checking accuracy, life of guns and ammos(kf ammos sucks)
10> For renowned shooters they should be allowed to import ammos and guns without any
paper work.
11> controlled hunting should be allowed (only if govt can really check it ) & money generated
from hunting should be used for wild life and forest. [Unfortunately nothing to do with the Arms Act]

[goodboy_mentor]

1> All law abiding citizens should be allowed to OWN guns.

I have already mentioned it in my first post in this thread before, for the sake of clarity, I am repeating again. If we seriously try to understand Constitutionally guaranteed rights under Article 21, this right is already vested in all citizens except those deprived by due procedure established by law. Problem lies with unconstitutional law, the Arms Act 1959, its bye laws, interpretations etc. All that is needed is a law that will clearly define only those people who are deprived of this right(This can be construed as the core of my wish-list). Remaining entire rest of the people of this country by default are NOTHING but law abiding, who have the right guaranteed by Constitution. Article 21: Protection of life and personal liberty.—No person shall be deprived of his life or personal liberty except according to procedure established by law.
Courts have held that interpretation of the Constitution has to be such as to enable the citizens to enjoy the rights guaranteed by Part III to the fullest measure. Hence it cannot be expected from any person to exercise his Right of Self defense to the fullest measure unless he is allowed to keep and bear arms to the fullest measure.
Hence the Right to Keep and bear Arms(or any License for that matter) is clearly embedded/vested in Right to Life guaranteed under Article 21. It also follows ALL PERSONS are allowed to keep arms except those deprived by due procedure established by law.
Police, paramilitary etc. have right to firearms not to be above law and kill, murder people, but only for self defense to the fullest measure as per protection by Article 21 of Constitution just like the rest of the persons. Similarly citizens also have the same right to firearms by the same Article 21 of Constitution to keep similar arms for same right of self defense to the fullest measure. Therefore all kind of arms used by Police, paramilitary etc. need to be removed from Prohibited Arms and Prohibited Bore list so that they can also be possessed by the citizens without any problem. Hence prohibited bore list is unconstitutional, it should be abolished. Creation of different set of laws/rules and unequal protection for the same right for police etc. and citizens is nothing but violation of Article 13(2) & 14.
Article 13(2) says: Laws inconsistent with or in derogation of the fundamental rights.—
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,—
(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
Article 14 says : Equality before law.—The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

2> No limit for 12 bore and .22 ammos (as they r not used by antisocial elements).

Anti socials, terrorists, insurgents, all manner of criminals were/are/will use every kind of objects/devices/instruments/arms and ammunition. Our rights are not conditional to what they use or do not use. Courts have held that interpretation of the Constitution has to be such as to enable the citizens to enjoy the rights guaranteed by Part III to the fullest measure.

3> Import of 12 bore & .22 guns should be allowed as well as their ammos.

Our rights are not conditional to particular bores only. Courts have held that interpretation of the Constitution has to be such as to enable the citizens to enjoy the rights guaranteed by Part III to the fullest measure. Rights cannot be limited to 12 bore or .22 bore etc., they also include all bores and type of arms used by law enforcement agencies. If import restriction is creating any hindrance in enjoyment of the rights guaranteed by Part III to the fullest measure it has to go. It is important to note that the use of arms by law enforcement agencies and citizens is the same, i.e. enforcing the law for self/private defence.