The Semi Auto Conundrum

[Safarigent]

The arms rules 1962 states thus:
8. (a) no license shall be granted for acquisition, possession or carrying of arms or ammunition of categories 1b, 1c and 1d unless they have been lawfully imported into india or are being imported into india with the sanction of the central government.
(b) a license for the acquisition, possessing or carrying of ammunition of categories 1b and 1c shall be granted only if the licensing authority is satisfied that the ammunition is to be used with rifles or muskets which are lawfully possessed for sporting purposes or with pistols or revolvers which have been lawfully imported into india; and the ammount of ammunition which the licensee may possess during each period of 12 months immediately succeeding the date of grant of license shall be entered in the license.


As per schedule 1, category 1b states:
Semi automatic firearms, other than those included in categories 1c and 3a, smooth bore guns having barrel of less than 20'' in length.


Now, as we all know full auto firearms are the true prohibited arms of the country.
Why are semi auto shotguns prohibited?
The way i read it, If semi auto shotguns were covered under category 1b, there would have been corresponding guidelines for licensing of shotgun ammunition in rule 8b which deals with prohibited am,unition for prohibited arms as defined under categories 1b, 1c, 1d.
I mean rule 8b talks about rifles ans muskets and revolvers and pistols. Why would they leave out shotgun ammunition unless it wasnt covered under section 1b of schedule 1?
If you remove the explanatory note between the commas in section 1, it reads:
Semi automatic firearm smooth bore guns having barrell less than 20" in length.
In effect, semi auto firearms less than 20" in length are prohibited, as they very well should be.
a license for semi auto shotguns should then be granted if it is for sports purposes!

[dr.jayakumar]

i think the person who layed down this law got so confused with the comma's and fullstops and forgot about semishots.
dr,jk

[Skyman]

Semius Autos Shotus et Prohibitum!!!

[goodboy_mentor]

To understand Arms Act one needs to understand the following:-
1. tricks and misnomers used to create confusion.
2. each and every amendment that has been done to Arms Act and its rules which ultimately has screwed up the matters slowly and steadily.

Now, as we all know full auto firearms are the true prohibited arms of the country.

Prohibited arms are not prohibited. This is the "beauty" of Arms Act 1959. "Prohibited arms" is just an expression to define automatic arms in Section 2. May read this post for details http://indiansforguns.com/viewtopic.php ... 28#p174447

Why are semi auto shotguns prohibited?

Semi autos are not prohibited.

The way i read it, If semi auto shotguns were covered under category 1b, there would have been corresponding guidelines for licensing of shotgun ammunition in rule 8b which deals with prohibited am,unition for prohibited arms as defined under categories 1b, 1c, 1d.

Arms Act 1959 differentiates only between fully automatic firearms and non fully automatic firearms. May read this post for details http://indiansforguns.com/viewtopic.php ... 30#p174125

Arms Rules 1962 are corollary to Arms Act 1959 i.e. have been created to implement the provisions of Arms Act 1959. Categories 1b, 1c, 1d are flowing from which Section of Arms Act 1959?

I mean rule 8b talks about rifles ans muskets and revolvers and pistols. Why would they leave out shotgun ammunition unless it wasnt covered under section 1b of schedule 1?

Because shotguns and their ammunition is covered under Category IIIc of Schedule I.

If you remove the explanatory note between the commas in section 1, it reads:
Semi automatic firearm smooth bore guns having barrell less than 20" in length.
In effect, semi auto firearms less than 20" in length are prohibited, as they very well should be.

You cannot omit commas, they are there for a reason. Category 1b should be read as below:-

1. All semi-automatic firearms other than those included in categories I(c) and III(a)
2. smooth bore guns having barrel of less than 20" in length.

It would mean semi auto shotguns would fall in category 1b.

a license for semi auto shotguns should then be granted if it is for sports purposes!

Why only sport? Why not self protection? The Section 13(3)(a)(i) of Arms Act 1959 is making it mandatory to issue shotgun license to citizen for protection and sport since arms are fundamental right under Article 19. One does not have to go to Arms Rules since Arms Act itself is not differentiating between semi auto or bolt action etc. then how can distinction be made in Arms Rules? If you read the letter mentioned in this post http://indiansforguns.com/viewtopic.php ... 30#p174125, even the mandarins in MHA are aware of this.

[Safarigent]

Interesting point.
How should this be clarified?

[goodboy_mentor]

Only High Courts/Supreme Court or Parliament can officially clarify the matter. But you know how the things are in this country.