Indians For Guns

What is the purpose of Section 42 in Arms Act 1959? Can anyone tell what is the intention of Parliament behind this Section for conducting census of firearms? If all the citizens are expected to keep only "licensed" firearms or if records of arms licenses issued are to be maintained by licensing authorities, the question of census of firearms does not arise?

Law is said to be strong reason and logic in a codified form. I have tried to think and find reasonable/logical reasons for the "need" for census of firearms, in my opinion there seem to be either of the two reasons, otherwise there does not seem to be any reasonable/logical reason behind this section:

1) Parliament did not want the Licensing Authorities to maintain records of number of licenses issued for security of license holders. For example: In event of War if enemy forces enter the Indian territory, they will not be able to get to know details from records seized from the office of Licensing Authority about arms license holders in an area. It said that during World Wars it was a usual practice for invading armies in Europe to first get hold of arms licensing registers, thereby getting name, address etc. of license holders and disarm them quickly.

2)Since the Right to Keep and Bear Arms is a fundamental right under Articles 19 and 21(http://indiansforguns.com/viewtopic.php ... 15#p117785), Parliament expected that citizens in exercise of their Fundamental Rights, might be keeping firearms without licenses. Hence the "need" for census of firearms in a manner similar to population census.

Arms Act 1959, Section 42. Power of take census of firearms

(1) The Central Government may, by notification in the Official Gazette, direct a census to be taken of all firearms in any area and empower any officer of Government to take such census.

(2) On the issue of any such notification all persons having in their possession any firearm in that area shall furnish to the officer concerned such information as he may require in relation thereto and shall produce before him such firearms if he so requires.

I guess it's just a matter of our blithering babus acting the 'goat' once again and flexing their muscles by pretending that they are the 'masters' of their subjects.

Well I understand what you are trying to say that babus write the Bills(which become Acts, once passed by the Parliament) and our uneducated MPs pass the Bills without understanding the legal quirks written in the Bills.

But my question is from a legal perspective. If the matter is argued in a competent court of law, what possible reasons can be provided to court for Section 42 of Arms Act 1959? I am not able to come up with any other reasons except those two reasons I have mentioned. I am trying to find out if there can be some other legal reasons for enacting Section 42?

Sorry, goodboy_mentor you've got me there. I have racked my brains for the last few hours, but I am simply stumped!

You have said all there is to say in your two points. I can't think of any logical reason, besides invasion of privacy

goodboy_mentor pretty much covered it, logically that's about it. But then when it comes to our babus, the word logic will have no meaning.

All I can think of is, in a situation where there would be "legally owned" but unlicensed firearms, such as in the case of the Kodavas in Coorg ditstrict.

Perhaps still serving military personnel with NSP firearms issued to them legally but as yet unlicensed in the civilian context . This last one is a long shot but then I am just guessing (I would expect that they would either store them in the unit armoury or have them on person.)

Usually this sort of thing is added to give them selves an advantage even in unusual circumstances, so who knows...
Regards,
Anand

I am stumped tried to find a logic maybe they want to take a census of airgun owners & airguns, I cant think any weirder.

reg,
drifter.

If I remember correctly, such a census was once tried here in Aizawl and hundreds of farmers lined up to show their 12 bore guns. But less than halfway through the census, the census was stopped by 'high ranking' government babus!

surly it would be easy to shift through the records in the comfort of ones baboo chair? and tick each item of?

Hi Guys,do try and understand the spirit behind the Arms Act,it was a device of our British Masters,as a ruler of the Indian Subjects.that was the sole purpose of the Act,the problem being that even after 60 years of being a Republic,our BABU's are still so impressed by the Brits,that they dont wanna make any amendments to the Act. Gora Saheb gone,Brown Saheb is the new ruler