Arms Amendment Bill - circulated in Parliament yesterday

[mundaire]

This was circulated in parliament yesterday, expected to be tabled before the house on Monday.
Cheers!
Abhijeet

Bill No. 102 of 2010

THE ARMS (AMENDMENT) BILL, 2010
A Bill further to amend the Arms Act, 1959.

Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-

Short title.
1. This Act may be called the Arms (Amendment) Act, 2010.

Amendment of section 13.
2. In Section 13 of the Arms Act, 1959 (hereinafter referred to as the principal Act), -

(a) in sub-section (2),--
(i) for the words "within the prescribed time", the words "within sixty days from the date of receipt of application by him and in case such officer fails to do
so, he shall record the reasons therefor and intimate the same to the licensing authority:" shall be be substituted;
(ii) the following proviso shall be inserted, namely :--
"Provided that in the case the licensing authority is of the opinion that the reasons for such failure are not sufficient or convincing, he may recommend
to the concerned authorities to initiate punitive action, under section 30A, against the officer in charge of the concerned police station for such failure
to send the report within the time specified under this sub-section.",
(b) in sub-section (2A), the proviso shall be omitted.

Insertion of new section 30A

3. After section 30 of the Principal Act, the following section shall be inserted, namely:--

(Punitive action for failure to furnish report under section 13.)

"30A. In case a police officer, ---
(a) fails to send the report under section 13 and reasons for such failure given by such officer are not sufficient or convincing; or

(b) has failed to give reasons for failure to send the report under section 13, such failure to send the report or failure to give reasons shall be dereliction of duty by such
police officer and he shall be proceeded against and punished for dereliction of his duty under the service rules applicable to him".


STATEMENT OF OBJECTS AND REASONS

1. The Arms Act 1959 and rules thereunder regulates the acquisition, transfer of arms and ammunition and punishment for contravention of the provisions of the Act.

2. Under the existing provisions, it is compulsory to obtain under section 3 of the Arms Act, 1959 a license for acquisition and possession of firearms and ammunition. Section 13 of the Arms Act, 1959, inter alia, lays down the procedure for grant of such licenses which requires the licensing authority to call for the report of the officer incharge of the nearest police station on the application for grant of such license. Such police officer is required to send his report within the prescribed time. After making such enquiry as the licensing authority may consider necessary and on receipt of report from the officer incharge of the nearest police station, the licensing authority may grant the license or refuse to grant the same. However, the proviso to sub-section (2A) of section 13 of the aforesaid Act empowers the licensing authority to grant an arms license where the report of the police authorities has not been received within the prescribed time.

3. Proliferation of arms and ammunition, whether licensed or not, in the country disrupt the social order and development, vitiate the law and order situation, directly contribute towards lethality of violent acts, and needs to be curbed. It is, thus, imperative to ensure that arms licenses are issued to the bonafide persons by the licensing authority concerned after due verification of their antecedents by the police authority concerned.

4. In view of the foregoing paragraph, it has become necessary to make the procedure for grant of license for the acquisition, transfer of arms and ammunition more specific. The provisions of the Arms (Amendment) Bill, 2010 proposes to --

(a) amend sub-section (2) of section 13 of the Arms Act, 1959 so as to specify in the Act itself the time limit of sixty days from the date of receipt of application for sending the aforesaid report by the officer incharge of the nearest police and to record the reasons for failure to send the report within the specified time;

(b) insert a proviso sub-section (2) of section 13 of the Arms Act, 1959 so as to provide that the licensing authority may recommend to the concerned authorities to initiate punitive action under section 30A (proposed to be inserted in the Bill), against the officer in charge of the concerned police station in case the police officer fails to submit the report within the specified time or the licensing authority is of the opinion that the reasons for failure to submit the report by the officer incharge of the nearest police station are not sufficient or convincing;

(c) omit the proviso to sub-section (2A) of section 13 of the Arms Act, 1959 so as to do away with the discretion of the licensing authority to issue the license without receipt of the report from the officer incharge of the nearest police station;

(d) insert a new section 30A in the Arms Act, 1959 to provide for punitive action for failure to send the report or failure to give sufficient or convincing reasons for not sending the report within the time limit of sixty days proposed to be specified.

5. The Bill seeks to achieve the above object.


New Delhi; P. Chidambaram
The 5th August,2010

Annexure - Extract from the Arms Act 1959

Section 13(1), 13(2), 13(2A) copy pasted on the last page....

[m24]

How come this is talking only about the verification process and not everything else as put up by them in the Amendment ??

Is this just a portion or the whole Amendment?? Or Am I missing something??

Regards

[Nitro Express]

Do you think they might have dropped the other proposed amendments due to NAGRI's representation on the amendments?

If yes, MHA is playing it safe.The verification proposal has been placed in such away that it just might get the desired nod.

Nitro Express

[psm]

Don't jump to conclusions.
But lets hope for best.

Best will come out of NAGRI team's especially Abhijeet's untiring work and efforts.

[Nitro Express]

Don't jump to conclusions.
But lets hope for best.

Best will come out of NAGRI team's especially Abhijeet's untiring work and efforts.

PSM

I am not jumping to conclusions.Have experienced such situations in the State Assembly where things got passed on the sly.

Nitro Express

[thomast1]

can the largest democracy float something and then approve something else? especially when this concerns the security and self defence of all its citizens... let us hope they dont..
Thomas

[kanwar76]

Hmmmm

[Nitro Express]

Hmmmm

Just confirmed my fear.

Nitro Express

[goodboy_mentor]

How come this is talking only about the verification process and not everything else as put up by them in the Amendment ??

PC is highly clever and crafty. With very convincing language to fool a layman who can never understand legal jugglery and would easily get convinced. Please note point number 3 under STATEMENT OF OBJECTS AND REASONS, it means everything to undermine the fundamental right of self defense as well as the original objects and reasons of Arms Act 1959. "Everything else" instead of doing with help of amendment from parliament, it has been done with help of that notification on 31 st March 2010. Once this Bill gets passed, the illegal notification will get legal legitimacy. In other words Parliament has been kept in dark about real motives.

[captrakshitsharma]

yes and media is already maligning this as a rift between our honourable patron and the the wise home minister.... i m thinking an rti on home minister and his kins having weapons on their licenses?/

[goodboy_mentor]

Instead of RTI at the moment please inform all the MPs of Parliament about this trick to bypass the parliament. If this bill is passed, it will become a political instrument. Only members/supporters of ruling party in state will get favorable report from police, rest of the people and citizens bye bye to arms license.

[kanwar76]

Hmmmm

Just confirmed my fear.

Nitro Express

Hi Nitro,

I don't know what your fears were or how they got confirmed ny my expression. I was commenting on exactly what Good boy mentor has written in his post. This is nothing but a clever worded amendment. Wording is capable of fooling people that its a good thing if all license holders are verified by police.

Thats why hmmmm and

-Inder

[Nitro Express]

Hmmmm

Just confirmed my fear.

Nitro Express

Hi Nitro,

I don't know what your fears were or how they got confirmed ny my expression. I was commenting on exactly what Good boy mentor has written in his post. This is nothing but a clever worded amendment. Wording is capable of fooling people that its a good thing if all license holders are verified by police.

Thats why hmmmm and

-Inder

Thought you were mentioning as to why the other amendments were missing from the Bill.

You are right, MHA is trying to play with the wordings to get it thru.

Nitro Express

[nagarifle]

and they will, have no fear on this, since most MPs can not read between the lines. but need to have everything spelled out to them.

[goodboy_mentor]

and they will, have no fear on this, since most MPs can not read between the lines. but need to have everything spelled out to them.

This is were we come in, please contact the MPs and tell them about the trick of MHA to keep them in dark about what they are doing, under the cover of apparently simple and innocent looking amendment. Tell them to have a look at point number 3 under STATEMENT OF OBJECTS AND REASONS of the Arms Amendment Bill circulated to them, this statement seems to imply that:
(a) That all firearms are evil
(b) That firearm owners are prone to violence and that firearm related crime is a clear & present danger to our society
(c) That the state machinery is sufficiently able to protect the life & property of all citizens and that they have no need to acquire arms to defend themselves
(d) That citizens do not have an inalienable right to protect their life & property
(e) It completely ignores and negates the reasons & objects of the Arms Act 1959 and Constitutionally guaranteed fundamental right of self defense.
On 10th August, while answering a question in the Lok Sabha, even the Hon'able Minister of State Min. of Home Affairs, Shri. M Ramachandran admitted that the Ministry had conducted no assessment/study regarding any linkage between firearm availability and rise in crime. The only conclusion that can be drawn from this is that this policy/Amendment has been rushed into based merely on opinion and conjecture.
Once this Bill gets passed, the point number 3 will give the illegal notification issued dated 31st March 2010 get a legal legitimacy, also undermine original objects & reasons of Arms Act 1959 and violate Constitutionally guaranteed fundamental right of self defense. In other words Parliament has been kept in dark about real motives. And what is the ramification to omit the proviso to sub-section (2A) of section 13 of the Arms Act, 1959? If this bill is passed, it will also become a political instrument to violate fundamental rights of democratic political opposition. Only members/supporters of ruling party in state who can show "provable" threat will get favorable report from police, rest of the people, including those in opposition, their supporters and all citizens bye bye to arms license, unless and until they a willing to pay heavy bribes to police.
I am enclosing the links for contact details of MPs, call them or email them, as many as possible. More you contact and explain, the better it is.
Rajya Sabha http://164.100.47.5/NewMembers/emaillist.aspx
Lok Sabha http://164.100.47.132/LssNew/Members/me ... etail.aspx

‘‘Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficial ... the greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding’’— U. S. Supreme Court Justice Louis D. Brandeis, 1928

‘‘The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest possible limits. ... and when the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.’’— Saint George Tucker, Judge of the Virginia Supreme Court 1803