Licence on spares of firearms

[bandukbhandar]

A few days back, a officer from CISF visited my shop for a spare magazine for his INSAS rifle. The magazine was lost by him while on duty in Bihar assembly election.

He was asking for the address of dealer or distributor of Nilkamal Plastics in Indore. He said that magazines for INSAS are manufactured by Nilkamal and the name is engraved/printed on other magazines.

The Indian arms act and arms rules, state that, any part of a fire arm is also to be considered a fire arm and requires a licence for its possession.

Lot of people in India, whenever found to carry any spares of firearms by Police are being prosecuted for possession of illegal arms and have been punished by the Courts.

Even when found with tools and spares of firearms, the police classifies the tools(are common and found in most households) as tools for manufacturing illegal arms.

So often the Ordnance Factories in India, issue tender advertisements in National newspapers for parts of revolver/pistols and rifles. The parts are revolver(drums, triggers, safety locks, in pistol (slides, magazines, springs and grips).


The Ordnance factories doesn't even ask for a manufacturing licence issued by MOH, Govt. of India from its suppliers.

Even when MOH invited objections on draft manufacturing policy in beginning of 2010, it clearly states that no new manufacturing licences have been issued for manufacturing of arms or arms spares.

It should be noted that, none of the present licenced manufacturers of firearms in India are suppliers to Ordnance factories.


Does any body in know of any changes in the arms rules regarding manufacturing of spares for firearms without manufacturing licence issued by MOH.

Kezar Husen Bandukwala

[The Doc]

The Indian arms act and arms rules, state that, any part of a fire arm is also to be considered a fire arm and requires a licence for its possession.

Lot of people in India, whenever found to carry any spares of firearms by Police are being prosecuted for possession of illegal arms and have been punished by the Courts.

Even when found with tools and spares of firearms, the police classifies the tools(are common and found in most households) as tools for manufacturing illegal arms.

So does that mean that a valid license holder law biding citizen if caught with a spare magazine for his pistol or rifle will be prosecuted /punished ?? .

The different caliber kits, extra barrel/s or an extra cylinder (in case of a convertible revolver) should be duly entered in your license to make it fully legal and hassle free but I do not know of any one who has the number of spare magazines entered on his license. Also two magazines are supplied with Ashani pistol routinely but that is never entered in the license.

Another lacuna in the system here ?

Rp.

[Anand]

Can you direct me to the relevant part of the act that states this? :"The Indian arms act and arms rules, state that, any part of a fire arm is also to be considered a fire arm and requires a licence for its possession."
"Lot of people in India, whenever found to carry any spares of firearms by Police are being prosecuted for possession of illegal arms and have been punished by the Courts." Can you give specific information to substantiate this statement?

Even for manufacturing purposes, a licensed gunsmith, can manufacture and stock spares so long as those spares by themselves cannot be assembled into complete firearms. To my knowledge, there is no reference to the prohibition on manufacture of accessories like magazines, slings holsters etc. As for import of magazines, some have said that it is "not allowed" or requires a specific license in that regard, there is no reference to such in the Arms Act. If the Customs or the DGFT treats a magazine as a firearm then God only can help us.

The Ordnance Factories, by their unique position in India, are allowed to outsource/sub-contract the manufacture of parts of firearms. I am aware that the plastic grips for the 9mm IOF pistols and the said magazines for INSAS rifles are outsourced. My understanding is this type of manufacture for the Government will not be treated arms manufacture for the simple reason that these outsourced parts are not major component parts and/or will still require further machining before they can be assembled into firearms(there may be other reasons as well).

The officer in question, can not be sold a complete assembled magazine by any one, because this magazine is for an issue weapon and no magazines are available legally in the civilian market. He would normally have to report this to the Police and will have to explain how he managed to lose it. Then if Government chooses not to penalize him, they may replace it with another magazine.
At least thats how I understand things are...
regards,
Anand

[goodboy_mentor]

If we read Arms Act 1959 along with the objectives and reasons of The Indian Arms
(Amendment) Bill (No.49 of 1953), it becomes clear that the Arms Act 1959 was passed to co-ordinate the fundamental rights of the citizens(self defense and RKBA) in order to enable all citizens to possess arms, unless their antecedents or propensities did not allow them. It was not passed to curb the possession of arms by citizens. It is another matter that out of ignorance, bias and prejudice, the Arms Act 1959 is being construed by police and judiciary in a negative manner i.e. against the intention and purpose of the Arms Act 1959. I quote the relevant Objectives and Section 45 of the Arms Act 1959 below:

Objectives:

(ii) that weapons for self-defence are available for all citizens under license unless their antecedents or propensities do not entitle them for the privilege;

(c) to co-ordinate the rights of the citizen with the necessity of maintaining law and order and avoiding fifth-column activities in the country;

Arms Act 1959 Section 45. Act not to apply in certain cases.
Nothing in this act shall apply to---

(d) the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used alongwith complementary parts acquired or possessed by that or any other person.

In my opinion, after reading the relevant Objectives and Section 45 of the Arms Act 1959, magazines are minor part of arms, so long they are not intended to be used alongwith complementary parts. Hence IOF outsourcing the manufacture of the spare parts of arms/ammunition is not against the Arms Act 1959.