Review of Arms Act and Arms policy

[mundaire]

A national co-ordination committee is being formed as I write this, more info by this weekend including (hopefully) details on how to become members, start individual local chapters etc. Don't worry a lot of us are still working on this issue...

[Virendra S Rathore]

There's going to be enough of battle to prove our mettle ... I don't think the Govt. will just say "Oh we realize our mistake and make a U turn". Its our very own Indian govt. ... inertia struck ... senselessly moving like an amnesia patient ... lots of shocks are required .. hehe

[mundaire]

I agree Virendra, which is why we are planning to switch from the knee jerk reaction mode on to a more pro-active approach... will keep all of you posted, meanwhile don't think that things have cooled down - they have not! By Monday, there should be some good news also being posted here

[Virendra S Rathore]

Gentlemen/Ladies,

Though not about Guns, but there's an article in today's Times Of India (Bangalore) in 'Times Nation'- pg 9.
A Supreme court bench has given 10 point guidelines about right to self defense and its operation.
http://epaper.timesofindia.com/Default/ ... OINEW&GZ=T


"Why be a coward, asks SC
Lays Down 10-Point Guideline On Right To Self-Defence For Citizens
Dhananjay Mahapatra | TNN

New Delhi: At a time when terrorism and mafia pose a grave security threat to India, the Supreme Court has given a pro-active meaning to the ‘right to self-defence’ and said the law does not require a lawabiding citizen to behave like a coward when confronted with an imminent unlawful aggression.
Nothing is more degrading to the human spirit than to run away in the face of danger, said a Bench comprising Justices Dalveer Bhandari and A K Ganguly. It laid down a 10-point guideline on right to selfdefence, under which a person cannot be accused of committing a crime even if he inflicted mortal wounds on the aggressor.
But, it warned against using it as a tool to settle scores or enmity. It also did not approve the use of force in excess of what was warranted to avert imminent danger to the life and property of the person exercising the right to self-defence. “The citizen, as a general rule, are neither expected to run away for safety when faced with grave and imminent danger to their person or property as a result of unlawful aggression, nor are they expected, by use of force, to right the wrong done to them or to punish the wrong doer of commission of offence,” said Justice Bhandari writing the judgment for the Bench.
“The right of private defence is thus designed to serve a social purpose and deserves to be fostered within the prescribed limits,” it said. When can one resort to his right to self-defence? “A mere reasonable apprehension is enough to put the right of self-defence into operation, but it is also settled position of law that a right of self-defence is only right to defend oneself and not to retaliate. It is not a right to take revenge,” the Bench said.
WHAT THE TOP COURT SAYS
Taking a closer look at the SC judgments of the past 50 years, the Bench crystallised a 10-point guideline to make a common man understand his right to self-defence and its operation. The main points are:
Right to selfdefence available to only one facing imminent danger
Mere reasonable apprehension is enough to put this right into operation
It is unrealistic to expect a person under assault to modulate his defence step by step with any arithmetical exactitude Force used in self-defence ought not to be wholly disproportionate than necessary for
protection of self or property Person who is in imminent and reasonable danger of losing his life or limb may in exercise of selfdefence inflict any harm even extending to death on his assailant either when the assault is attempted or directly threatened"


Thanks & Regards,

[goodboy_mentor]

Hon'able view of Hon'able Court, but this right is pretty meaningless for unarmed citizens before organized criminals armed with arms of all types, unless the government starts encouraging rather than discouraging the citizens to equip and train themselves to effectively to exercise their Right to Self Defense. Government is actually denying effective exercise of Right to Self Defense by making firearms unaffordable for common citizens and making issue of Arms Licenses difficult and lengthy procedure.

[tingriman]

There is nothing new in the ruling, rules look very good on piece of paper, what when it comes to the implementation they are always subject to the distinct interpretations.

Hon'able view of Hon'able Court, but this right is pretty meaningless for unarmed citizens before organized criminals armed with arms of all types, unless the government starts encouraging rather than discouraging the citizens to equip and train themselves to effectively to exercise their Right to Self Defense. Government is actually denying effective exercise of Right to Self Defense by making firearms unaffordable for common citizens and making issue of Arms Licenses difficult and lengthy procedure.

regards,
tingriman

[nagarifle]

a great step in the right direction.

[Virendra S Rathore]

Friends,

Is it possible to use this ruling in any way at the forthcoming legal battle?
I don't know exactly how things go down in court .. but I guess this is something referrable in legal context.
I think we can keep all such rulings /case laws as and when they come to our attention.
Who knows what lies ahead .. might be of help in court...

[ravi.sharma]

Virendra,

The ARMS ACT, is very clear, it gives the person the right to acquire liecence under self defence, if the person is in the right state of mind, physically fit to handle the firearm and has no police record. The problem lies with the Authorities sanctioning the liecence. So even if challenged in the court, the ARMS ACT will stand clear. We need people, whose applications are rejected under self defence to stand for this cause and ask, why the applications were rejected, if the ARM's ACT has a clear provision for it.

Though as Abhijeet has mentioned,a lot of these things are being Mulled upon presently and after a long time, we might see something very constructive coming out for benefit of Indian Society.


Ravi.

[Virendra S Rathore]

What if one is unable to prove an imminent threat to life and is not the best shooting sportsperson??
What if I need the gun just for self-defense against the threat which no-one can tell will come when-how-and-where??
Authorities would pack me back to home saying "We're here for your protection."

[goodboy_mentor]

What if I need the gun just for self-defense against the threat which no-one can tell will come when-how-and-where??

There have been a number of rulings by Hon'ble High Courts that "no threat" cannot be a reason to deny a firearm license.
http://www.allahabadhighcourt.in/ILR/il ... ec2002.pdf Page 867 Civil Writ Petition No. 31573 of 1999
Also additional firearms cannot be denied:
http://www.zeenews.com/news576187.html
http://timesofindia.indiatimes.com/city ... 197224.cms

[pandian1948]

MOHAN SUNDAR PANDIAN
Advocate
11/48, Pandian Street
Sankaran Avenue
Velachery, Chennai-600 042


Phone: 044 - 2245 2079
Cell: 9444563051

4th January, 2010

Mr. S.K. Malhotra
Deputy Secretary
Ministry of Home Affairs
9th Floor
Lok Nayak Bhawan
Khan Market
New Delhi.


Dear Mr. S.K. Malhotra

Sub:- Draft Arms & Ammunition Policy for individuals
Arms Section – International Security – II Division

Ref:- Your circular dated 21st December, 2009

I am not surprised to read the proposed points in the Arms & Ammunitions Policy for Individual. Arms Act & Rules is a complicated subject and one has to read it combining the act, rules, schedules, forms and the notifications. If read separately it will be like five blind men who have seen an elephant and had formed their own ideas about an elephant.

First of all you must understand that the arms & ammunitions are classified as follows by the act & rules and not otherwise.

Classification of Arms & Ammunitions.

1. Prohibited Arms & Ammunitions. (Only for the use of Defense / Police)
2. Restricted Arms & Ammunitions. (Used by both Defense / Police & Civilians)
3. Customs Guns & Ammunitions. (Civil use)

Classification of Licenses.

1. License to import arms & ammunitions for the use of Defense, Police and Government use only. (Arms Rules, 1962 Schedule III Form I)
2. License to manufacture and convert, shorten & proof test arms & ammunitions. (Arms Rules, 1962 Schedule III Forms IX / X / XIV / XV / XVI / XVII / XVIII / XIX / XX )
3. License to purchase, sell, transfer, repair, keep for safety /Deposit of arms & ammunitions. (Arms Rules, 1962 Schedule III Form XI / XII / XIII / XIV / XV / XVI / XVII / XVIII / XIX / XX )
4. License to practice shooting as a sport by clubs or associations. (Arms Rules, 1962 Schedule III Form VI)
5. License for individuals. (Arms Rules, 1962 Schedule III Forms II / III / III-A / III-B / IV / V / VII )
6. Travelers’ License. (Arms Rules, 1962 Schedule III Form VIII / XXII)
7. Nepal Government only. ( Arms Rules, 1962 Schedule III Form XXI )

All licensing forms detailed in Schedule II of The Arms Rules, 1962 will automatically fall in any one of the above subjects.

Most import thing you must understand is that PROHIBITED ARMS & AMMUNITIONS can never be owned by any manufacturer, dealer, club, association or individual. Any word which deal with giving licence to possess PROHIBITTED ARMS & AMMUNITIONS is illegal as per the act & rules. If the Home Department of Government of India has issued such licences it is void and illegal. You must see that such weapons are confiscated and delivered to the Defense / Police Departments for their use. These licensees can be permitted to acquire N P Bore weapons.

Prohibited Arms & Ammunitions

Arms & Ammunitions only for the use of Defense and Police forces and not to be possessed or used by general Public are called prohibited arms and ammunitions. The Arms Act 1959 has given clear explanations on these terms. To know what are prohibited arms & ammunitions one has to refer the act, rules, schedules, forms and also the notifications made under the act.

There is a general confusion by the licensing authorities. They are advised that we have Prohibited Arms & Ammunitions, Restricted Arms & Ammunitions and Custom Guns & Ammunitions.

Please have clear view and do not confuse on this point.

Prohibited Ammunitions

The Arms Act, 1959 gives a clear definition on what are prohibited ammunitions.

Section 2 (h). “Prohibited Ammunition”

Prohibited ammunition means any ammunition containing or designed or adapted to contain any noxious liquid, gas or other such thing, and includes rocket, bombs, grenades, shells, (missiles), articles designed for torpedo service & submarine mining, and such other articles as the Central Government may, by notification in the Official Gazette, specify to be prohibited ammunition.

Notification under Arms Act, 1959

G.S.R. 990: In exercise of the powers conferred by clause (h) of sub-section (1) of Section 2 of the Arms Act, 1959 (54 of 1959), the Central Government hereby specifies the following articles as prohibited ammunitions in addition to those mentioned in that clause, namely:-

Ammunition for any of the prohibited arms, articles designed for land mining and ammunition containing or designed or adapted to contain any fissionable material or any noxious liquid, gas or other such things.

G.S.R. 375 (E) (June 21, 1980): In exercise of the powers conferred by clause (h) of sub-section 2 of The Arms Act, 1959 (54 of 1959), the Central Government hereby specifies the following as prohibited ammunitions within the meaning of the said clause:

Any multiple projectile ammunition in which any projectile has a dimension of 5 mm or more.

G.S.R. 376 (E) (June 21, 1980) In exercise of the powers conferred by Section 11 of The Arms Act, 1959 (54 of 1959), the Central Government hereby prohibits the bringing in to India ammunition of the following description namely:

Any multiple projectile ammunition in which any projectile has a dimension of 5 mm or more.

Prohibited Arms

Arms & Ammunitions for which no license is to be granted by any authority to individuals

The Arms Act, 1959 gives a clear definition on what are prohibited arms.

Section 2 (1) (i) - (i) & (ii) – “Prohibited Arms”

(i) Fire arms so designed or adapted that, if pressure is applied to the trigger, missiles continue to be discharged until pressure is removed from the trigger or the magazine containing the missile is empty.

(ii) Weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing, and include, artillery, anti-aircraft and anti-tank fire arms, and such as other arms as the Central Government may, by notification in the Official Gazette, specify to be prohibited arms.

Notification under Arms Act, 1959

G.S.R. 989: In exercise of the powers conferred by clause (i) (ii) of sub-section (1) of Section 2 of the Arms Act, 1959 (54 of 1959), the Central Government herby specifies the following arms in addition to those mentioned in that clause, namely:-

Hand grenades, riot pistols, firearms for discharging projectiles by atomic energy, cannon, mortars and other ordnance and machine-guns, all carriages, accessories and appliances for mounting, transporting and servicing the same.

Section 7 – Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or ammunitions

Section 7 – Prohibition of acquisition or possession, or of manufacture or sale, of prohibited arms or ammunitions, -

No person shall –

(a) acquire, have in his possession or carry; or
(b) use, manufacture, sell, transfer, convert, repair, test or prove; or
(c) expose or offer for sale or transfer have in his possession for sale, transfer, conversion, repair, test for proof,

any prohibited arms or ammunitions unless he has been specifically authorized by the Central Government in this behalf.

List of Prohibited Arms & Ammunitions

Please note that all automatic weapons are prohibited. But semi-automatic weapons are not prohibited but are only restricted.

Arms

Section 2 (1) (i) (i) Automatic guns

S. No. Bore

1. 7.62 mm S L R

2. 7.62 mm Inchats

3. 7.62 mm L7A2 GPMG

4. 7.62 mm LMG L4 A1 with box magazine

5. 7.65 Czech Skorpion Machine Pistol

6.. 0.303 - 1920 Hotchkiss with 22 round strip feed

7. 0.303 LMG Vickers Berthier with top magazine

8. Lewis gun with drum magazine

9. Soviet A K M

10. Brownin VMMG

11. UK L7A1 GPMG (SF)

12. UK MAG 58 GPMG

13. Vickers Medium Machine Gun

14. Lewis Gun

15. US M60 GPMG

16. German MG 42

17. Heckier & Koch Machine Pistol

18. L M G

19. Hughes Chain Gun

20. 9 mm Carbine

21. 9 mm sten sub-machine gun

22. A K. 47

23. A. K. 56


Section 2 (1) (i) (ii) Other weapons

1. Weapons of any description designed or adapted for the discharge of any noxious liquid, gas or other such thing,
2. Artillery
3. Anti-aircraft and anti-tank fire arms
4. Hand grenades
5. Riot pistols
6. Firearms for discharging projectiles by atomic energy
7. Cannon
8. Mortars and
9. Other ordnance and machine-guns,
10. All carriages, accessories and appliances for mounting, transporting and servicing the same.

Ammunitions

1. All ammunitions that can be used in the above weapons
2. Ammunitions for any prohibited arms
3. Articles designed for land mining
4. Ammunitions containing or designed or adapted to contain any fissionable material or any noxious liquid or gas or other such things
5. Any multiple projectile ammunition in which any projectile has a dimension of 5 mm or more.


Arms Rules, 1962

Rule 3. Classification of arms or ammunitions.

For the purpose of the Act and these Rules, “arms” or “ammunitions” shall be of the categories specified in columns 2 and 3 respectively of Schedule I and references to any category of arms or ammunitions in these rules shall be construed accordingly.

Restricted arms & ammunitions

Restricted Arms & Ammunitions means Guns which can be possessed by general public but license has to be sanctioned by Home Ministry, Government of India, through the District Magistrate and to be renewed by the District Magistrate, since these weapons are used by Defense and Police also.

Arms Rules, 1962

Schedule I

Category I (b)

Semi-automatic weapons, other than those included in categories I ( c ) and III (a): smooth bore guns having barrel of less than 20 inches in length.

Category I ( C )

Bolt action or semi-automatic rifles of .303” or 7.62 mm bore or any other bore which can chamber and fire service ammunition of .303” or 7.62 mm caliber; muskets of .410” bore or any other bore which can fire .410” musket ammunition; pistols, revolvers, or carbines of any bore which can chamber and fire .38” or .455” rimmed cartridges or service 9 mm or .45 rimless cartridges.

Category I (d)

Accessories for any firearm designed or adapted to diminish the noise or flash caused by the firing thereof. (Silencers)

Rule 8. Restriction in granting licences for acquisition, possession or carrying of arms or ammunitions of Category I.

(a) No licence shall be granted for acquisition, possession or carrying of arms or ammunition of categories I (b), I (c), and I (d) unless they have been lawfully imported into India or are being imported into India with the sanction of the Central Government.

(b) A licence for acquisition , possession or carrying of ammunitions of categories I (b) and I (c) 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 purpose or with pistols or revolvers which have been lawfully imported into India; and the amount of ammunition which the licensee may possess during each period of 12 months immediately succeeding the date of grant of licence shall be entered in the licence.

Rule. 9. Copies of licenses of Categories I & II to be sent to certain authorities.

A copy of every licence granted for arms & ammunitions of categories I (a), I (b), I (c) & I (d) and II, shall forthwith be sent:

(a) To the District Magistrate of the place in which the arms or ammunitions are to be kept, or
(b) To the State Government, if such place is in the state of Jammu & Kashmir.

Refer Schedule II (Rule-4). Licensing Authorities for Restricted Arms & Ammunitions

Item No: 2 (3)

Purpose: Acquisition / Possession / Carrying and use for protection / sport / target practice / display

Categories of arms / ammunitions as defined in Schedule I: I (b) & (c)

Place / class of persons: Whole India

Licensing Authority: Central Government in the Ministry of Home Affairs

Area for which licence can be granted: Whole of India or specified part thereof

Renewing Authority: District Magistrate

Form No: III

Conditions: - to be specified

Please also note that no license shall be issued for silencers defined under category I (d) of Schedule I of The Arms Rules, 1962.

Restricted Arms (Arms which are not fully automatic but semi-automatic)

1. Semi automatic fire arms other than those included in Categories I (C ) and III (a).

2. Smooth bore guns having barrel of less than 20” in length.

3. Bolt action or semi-automatic rifles of .303” or 7.62 mm

2. Or any other bore which can chamber and fire service ammunition of .303” or 7.62
mm caliber.

3. Muskets of .410” bore (Rifles).

4. Or any other bore which can fire .410” muskets ammunitions

4. Pistols, Revolvers or carbines of any bore which can chamber and fire .38” or .455” rimmed cartridges

5. Or Service 9 mm or .45 rimless cartridges.

Restricted arms in detail

Arms which are not fully automatic but semi-automatic


S. No. Bore

1. Semi automatic fire arms other than those included in Categories I (C ) and III (a).

2. Smooth bore guns having barrel of less than 20” in length.

3. .303” Rifle

4. 7.62 mm Rifle

5. .410” Musket (Rifle)

6.. .38” Revolver

7.. .455” Revolver

8. 9 mm Revolver

9. .45” Revolver

10.. .38” Pistol

11. .455” Pistol

12. 9 mm Pistol

13. .45” Pistol

14. .38” Carbine

15. .455” Carbine

16. 9 mm Carbine

17. .45” Carbine

18. Any Rifle, Musket, Revolver, Pistol or Carbine which can chamber and fire ammunitions of the above size

19. 30 Carbine

20. Any ammunitions of the above category

United States ( a few pistols & Revolvers)

S. No. Bore Diameter of bullet

1. .38 Short Colt .375 inch

2. .38 Colt N.P .359 inch

3. .38 Colt Special .358 inch

4. .38 Colt Long .358 inch

5. P.38 Automatic Colt .359 inch

6. .38 Automatic Colt Super .356 inch

7. .38 Smith & Wesson .3585 inch

8. .38 Winchester .3595 inch

9. .45 Colt .455 inch

10. .45 Colt Automatic .4505

11. .455 Colt .458

Continental (pistol or revolver)


S. No. Bore Diameter of bullet

1. 9 mm .354 inch

Table of relation between American / English / Continental Calibers
(a few pistols & revolvers)

American Caliber English Caliber Continental Caliber
In millimeters

.22 inch .220 inch 5.6 mm

.25 inch .250 inch 6.5 (6.35) mm

.28 inch .280 inch 7 mm

.30 inch (.32 Rev) .300 inch (.303) 7.65 mm

.32 inch .320 inch 8 mm

.35 inch (.351) .350 inch 9 mm

.38 inch .360 inch 9.3 mm

.38 inch .370 inch 9.5 mm

.38 / 40 / 41 inch .410 inch 10 mm

405 inch 10.5 mm

.44 inch .440 inch 11 mm

.45 inch .450 inch (.455) 11.25 mm

CUSTOM GUNS

Guns which can be possessed by general public

Licence to be granted & renewed by the District Magistrate within state

Liocense to be granted by Home Ministry of the State for more than one state or All India

& to be renewed by the District Magistrate

Muzzle loading guns

Muzzle loading S.B.M.L & D.B.M.L guns of all bores & lengths

Shot Guns (S.B.B.L & D.B.B.L Guns & Combination Guns)


S. No Bore Diameter of bore

1. 8 bore 0.835 inch

2. 10 bore 0.775 inch

3. 12 bore 0.729 inch

4. 16 bore 0-662 inch

5. 20 bore 0.615 inch

6. 28 bore 0.550 inch

7. .410 bore 0.410 inch

Center fire Pistols & Revolvers
United States

S. No: Bore Diameter of the bullet

1. .25 Automatic Colt .251 inch

2. .32 Smith & Wesson .315 inch

3. .32 Smith & Wesson long .315 inch

4. 7.63 mm. Mauser .3105 inch

5. 7.65 mm. Luger .3095 inch

6. .32 Short Colt .315 inch

7. .32 Long Colt .313 inch

8. .32 Long Colt .300 inch

9. .32 Colt N.P. .314 inch

10. .32 Automatic Colt .3125 inch

11. .32 Winchester .312 inch

12. 9 mm Luger .3555 inch

13. .380 Automatic Colt .357 inch

14. .41 Short Colt .406 inch

15. .41 Long Colt .387 inch

16. .44 Smith & Wesson Am. .420 inch

17. .44 Smith & Wesson Russ .431 inch

18. .44 Smith & Wesson Special ..431 inch

19. .44 Winchester .4255 inch

20. .320


Continent

S. No. Bore Diameter of the bullet

1. .5 mm .1968 inch

2. 5.6 mm .2165 inch

3. 5.35 mm .250 inch

4. 7 mm .276 inch

5. 7.63 mm .300 inch

6. 7.65 mm .302 inch

7. 8 mm .315 inch

8. 11 mm .433 inch

9. 12 mm .472 inch


I have tried my best to explain what are Prohibited Arms & Ammunitions, Restricted Arms & Ammunitions and Custom guns (Civil weapons). Now I shall answer each point in your circular noted above.

1. The Law: The Arms Act & Rules are fine. No change is required.

2. Prohibited Arms & ammunitions: The power to issue licence to acquire, possess / import and transport firearms & ammunitions of categories I (a) (prohibited arms & ammunitions) and II (machinery for manufacture or proof testing of a fire arm) always rests with the Government of India in Form I. This provision is only for the purpose of supply to Defense & Police use only. And not for private use. See Rule 24. As per this rule the ammunition for I (b) & I (d) can be given to certain dealers. Do not confuse. No change is required. And import of firearms and ammunitions of categories I (b), I (c) & I (d) (restricted arms & ammunitions) also rests with the Central Government as per rule 8 of the Arms Rules, 1962.

3. Law & Order: This does not require any change in the arms act & rules. We need strict punishments in the Indian Penal Code.

4. Acquisition and possession of firearms by individuals. Sections 3 (1) & 3 (2) and 9 are fine and does not require any change. The provision 3 (3) for dealers and members of Rifle Club & Associations to hold more than three weapons is also fine and does not require any change.

5. Police verification before grant of arms licenses. Section 13 (2) is fine. But clearly mention the time limit to send his report as 45 days. And also include his reason for any negative report if any for not-recommending the issue of an arm licence. This will remove any corrupt practice. The discretionary power included in 13 (2-A) part must be retained. This power must be used according to the situation by the District Magistrate concerned.

6. Grant for arms licenses for PB weapons. Do not confuse Prohibited Bore weapons with Restricted Bore weapons. The law on this is fine and needs no change. Does it mean that you wish to issue licence to posses AK 47 or rockets or bombs. No licence can be issued for a Prohibited Bore weapon / ammunitions. So forget it.

7. Grant of arms licenses for NPB weapons. There is no need to change the law to issue Non-Prohibited Bore weapons. It is fine. Government can issue a G O and advice the local Police to follows certain norms.

8. Report by licensing authorities. This also requires a G O to the licensing authorities and does not require any change in law.

9. Grant of arms licenses under family heirloom. No licence can be issued for a Prohibited Bore weapon. So forget it. But if any weapon is more than 100 years old it automatically comes under the provisions of The Antiquities & Art Treasures Act, 1972 and as such they must be advised to apply to the Registering Officer under the above said act and get the weapon registered as an Antiquity. Then the Licensing Authority may exempt the weapon under Section 45 ( C ), even otherwise it is automatically exempted from the provisions of The Arms Act, 1959. Otherwise the applicant will only follow the existing law (if it is not an antiquity, absolute bore or beyond repair) to possess his family weapon or can present to one of the Museums, with a request to display the same with his family name.

10. Grant of arms licence to defense allottees. In issue of licenses to Ex-Service men, the Licensing Authority will only follow the regular law. But make sure that they are not supplied with any Prohibited Bore weapon by their parent departments. Because it is illegal. You have to issue a G O to the Defense department on this point. No change in law is required. Any prohibited Bore arm & ammunitions must be taken back by the parent department if already delivered to them.

11. Grant of arms licence to Overseas Citizens of India under threat perception policy. It makes no sense and must not be considered at all.

12. Grant of arms licence to Overseas Citizens of India (OCI’s) under family heirloom category. Most of the guns held by such families are antiquities / absolute pattern / beyond repair: and hence advice them accordingly. The provisions of The Antiquities & Art Treasures Act, 1972 and section 45 (( C ) of The Arms Act, 1959 shall apply. If the guns are new they have to follows the existing law only as suggested by you.

13. Grant of licence to Police personnel who are awarded weapons. No licence can be issued for a Prohibited Bore weapon, so forget it again. But otherwise such persons have to follow only the existing law. So no change is required.

14. Quantity of ammunitions permitted under various categories. PB weapons and ammunitions cannot be owed by any person. So forget it. For NPB weapons the present limit must continue. Otherwise it will only lead to un-necessary litigation by the license holders. Any reduction in possession of ammunitions will only lead to black marketing, smuggling. Sincerely speaking the quantity must be fixed based on the usage. In needs increase and not decrease. For example rifle club / association members use un-limited quantity during practice. In addition to that they have to purchase occasionally from outside dealers.

15. Area validity of arms licenses. No licence can be issued for a Prohibited Bore weapon, so forget it again. For N P Bore weapons the present system can continue. But in case of Defense Personnel, Government of India Employees and N R A I members the licenses can be issued for All India.

16. Renewal of Arms licenses. No licence can be issued for a Prohibited Bore weapon, so forget it again. Section 15 of The Arms Act. 1959 very clearly states that the provision of Section 13 & 14 shall apply to the renewal of a license as they apply to the grant thereof. So no changes are required. But advice the licensing authorities to follow the existing law.

17. Sale of ordinary weapons. The law is very clear on this point. But there is a practical problem. Only in Delhi the licensing authority stamps in the licence book itself that 45 days notice has been given to sell the weapon covered by the license. But this is not followed in other states. So advise the licensing authorities in all the states to follow what is done by the Delhi licensing authorities. A G O will do.

18. Sale of imported weapons. No licence can be issued for a Prohibited Bore weapon, so forget it again. No change is required in The Arms Act, 1959, since it is import & export policy that decides such things.

19. Sale of imported sports weapons by sports persons. The present system is fine. But if you want our shooters to win in international shooting events, we must permit them to import new weapons every three years and the old weapons can be sold to any existing club or association member. Change the import & export policy.

20. Replacement of unserviceable / defective weapons. Read Section 45 ( C ) of The Arms Act, 1959. Any damaged weapon can be kept for display purpose after getting a certificated from an arms dealer or manufacturer and the licensing authority can either cancel the license or grant permission to purchase a new weapon as required by the applicant. There is no need for any change.

21. Storage / disposal of obsolete, obsolescent, confiscated, seized and recovered weapons. Obsolete weapons are covered by 45 ( C ) of The Arms Act, 1959. Any obsolete weapon can be kept for display purpose after getting a certificate from an arms dealer or manufacturer and the licensing authority can either cancel the license or grant permission to purchase a new weapon as required by the applicant. There is no need for any change. But for confiscated, seized and recovered weapons, if they are of Prohibited Bore it must be handed over to Defense or Police use. If they are of Non Prohibited Bore they can be sent to state government armoury and sold to Dealers in Arms & Ammunitions.

22. Request for liberalizing grant of arms licenses. No licence can be issued for a Prohibited Bore weapon, so forget it again. The existing law for grant of licenses to others is fine and no change is needed. Even for Private Security Agencies the present system of Retainer-ship is there to care take care of. So there is no need for a new provision for them. See Form III-A / III-B of Schedule III of The Arms Rules, 1962. Refer Notification No: S.O. 954, dated December, 8, 1987, in which a Bank / Company /

Establishment / Firms are excluded from the provisions of Section 3 (2) and can keep more than three weapons.

23. Grant of licenses to sports persons. Refer Section 3 (3) of The Arms Act, 1959. It is fine. No change is required. A shooter can keep any number of NP Bore weapons.

24. Import of arms & ammunitions. Import or export is decided by the Import & Export Policy of the government. Hence no change is required.

25. Data base for licenses issued. This is delicate subject. No change in law is required. But the Government of India can issue a G O to all Licensing Authorities to record the details of licenses and weapons and can monitor from New Delhi. It must never be made public. Otherwise it will be misused.

Conclusion

In the above paragraphs I have tried my best to explain the law as it stands. I request you once again to study the following:

(A) No license can be issued by any licensing authority or Government of India to possess Prohibited Bore weapons by individuals / clubs / association. Item No: 1 of Schedule II of The Arms Rule, 1962 is only for the supply of PB weapons noted as I (a) in Schedule I of The Arms Rule, 1962 to Government of India for Defense or Police Use. This can be only issued to a dealer in arms & ammunitions or to a manufacturer of arms & ammunitions and not to others. License to acquire any machinery for the manufacture or of proof-testing can be granted only to gun manufacturers as noted in item No: 1 of schedule II and item No: II of Schedule I of The Arms Rules, 1962. Read Section 2 (h) & ( i) / (i) & (ii) and 7 of The Arms Act, 1959.

(B) Please do not confuse Restricted weapons noted as item No: I (b) & (c) in Schedule I of The Arms Rules, 1962 with Prohibited Bore weapons, as noted as item No: I ( a ) of Schedule I of The Arms Rules, 1962. For Restricted weapons the licence can be issued by Ministry of Home Affairs, Government of India and can be renewed by the District Magistrate as noted in item No: 3 of Schedule II of The Arms Rules, 1962. This includes semi-automatic weapons and certain other weapons as noted.

(C) The policy of issuing customs guns to civilians and private security personnel and shooters are fine.

(D) Do not confuse Import & Export Policy with the Arms Act & Rules. They are different.

(E) Please read and understand The Antiquities & Art Treasures Act, 1972 and its rules and notifications.

(F) Access to any date base that may be created must be restricted, and not open for general public.

(G) As per G.S.R. 991 certain persons are exempted prom certain provisions of the Arms Act & Rules made there under.

(H) Refer Notification No: S.O. 954, dated December, 8, 1987, in which a Bank / Company / Establishment / Firms are excluded from the provisions of Section 3 (2) and can keep more than three weapons.

(I) If you wish Indians to win medals, issue All India licenses to all N R A I members. Increase the quantity of ammunitions to them. Permit them to import new weapons like, Skeet / traps D B B L guns, .22 Rifles, .22 Pistols / Revolvers, .177 Pistols and .177 Rifles, every three years. Permit them to sell old weapons to other club members. Relax import & export policy on this regard.

(J) The Act, 1959, The Arms Rules, 1962, Schedules, Forms and the Notifications are fine. Our law is so perfect even other countries can follow this. But we only need a few G. Os. To implement them properly & a few exemptions for sports persons.

(K) Terrorism can be tackled only by a few changes in Indian Penal Code.

Hope I have made myself clear. It is up to you make use of my knowledge. You are welcome to invite me for any discussion on these subjects at New Delhi, since I practice in New Delhi also.

Thanking You


Yours Faithfully



(Mohan Sundar Pandian)
Member r
National Rifle Association of India
Chennai Rifle Club



Copy to

1. National Rifle Association of India, New Delhi.

2. Chennai Rifle Club, Chennai.



MOHAN SUNDAR PANDIAN Adcocate
11 / 48, Pandian Street
Sankaran Avenue
Velachery
Chennai-600 042

Phone: 044 - 2245 2079
Cell: 9444563051
4th January, 2010
To Her Excellency
The President of India
Presidential Palace
New Delhi

Most Respected Excellency

Sub:- Draft Arms & Ammunition Policy for individuals
Arms Section – International Security – II Division

Ref:- Circular dated 21st December, 2009 from Ministry of Home affairs

Recently the Ministry of Home affairs has circulated a proposal for some changes in Arms Act & Rules. The Home Ministry, Home Department, Defense Department, Police Department, & Licensing Authorities, act like five blind men who went to see an elephant and formed their own opinions as to how an elephant will look. Arms Act, 1959, Arms Rules, 1962, the Schedules, Forms, Notifications are one of the best laws made in India. It is so perfect that all the other countries in the world can follow it. But unfortunately the above departments do not understand them properly.

But with an idea of preserving the internal security, actually they are trying the make it worse. They do not even understand the basic law that PROHIBITED ARMS & AMMUNITIONS, are only for the use of Defense & Police, but are already issuing licenses and try to make it more liberal, which will lead to acquiring sophisticated weapon by terrorists.

I have a fair knowledge of arms law, use of arms, arms & ammunitions, because I am a lawyer, member of rifle clubs and my family runs an armoury at Chennai. I pray your Excellency to advise your office to officially forward my letter to the Ministry of Home Affairs and save our country from further terrorism.

JAI HIND
I remain Your Most Obedient Servant

[vkjalan]

Dear IFGian mmspandian,

I must say this, Ur simply amazing, You have written and amazing draft oppositions,

I must say hats off to ya, Also we need more help from you in the coming days for the worse yet to come.

I hope something good is in store for people like me who are right fully deserving a Gun and being denied without a reason.

Happy Shooting,
Vkjalan.

[goodboy_mentor]

A very good response by Mr. Pandian, as far as the motive to stop the proposed amendment is concerned. But I tend to disagree with the following points:

25. Data base for licenses issued. This is delicate subject. No change in law is required. But the Government of India can issue a G O to all Licensing Authorities to record the details of licenses and weapons and can monitor from New Delhi. It must never be made public. Otherwise it will be misused.

Any implicit encouragement of such database, whether "secret" or public should be strongly opposed. Are license holders criminals? Database of license holders is not going to serve any purpose whatsoever of preventing, tracking or deterring crime. The real motive behind creation of such database itself is a big suspect. The only reason for creation of such database can be, if the government has some hidden motive to discriminate against licensed firearms holders/applicants in the long term in future. Instead it will lead to only wastage of crores of taxpayers money and harassment of license holders, and help reinforce the prejudices against license arms holders. The criminals of any manner do not depend on legal purchase of licensed weapons nor are they going to get their illegal arms/firearms registered in the database.(this fact about maximum crime being committed with illegal weapons, is confirmed by statistics available with National Crime Records Bureau). Creation of such databases has utterly failed in preventing crime in other countries, except incurring very high cost and cosmetic sense of security.(Ref: http://www.gunfacts.info/index.html)

J) The Act, 1959, The Arms Rules, 1962, Schedules, Forms and the Notifications are fine. Our law is so perfect even other countries can follow this.

In practice it can be nothing more far from the truth. The Arms Act 1959, The Arms Rules, 1962, Schedules, Forms and the Notifications are nothing but an extension the policies of distrust/repression followed by the colonial rulers of our country. Arms Act etc. has actually outlived it's shelf life and time has come for it to go. It is nothing but a burden on citizens, essentially to create hurdles in way to their exercise of the right for self protection. Such act does not deserve any place in a true democratic country where every citizen has legal right for self protection clearly granted by Section 96 to Section 106 of the Indian Penal Code(http://indiansforguns.com/viewtopic.php ... 1&start=18), unless every citizen of this country is a suspect. What is needed is a few changes to Indian Penal Code dealing with violent crime and enforcement of the law, without any prejudice or favour to tackle any form of crime. In any case not the curbs on citizens by Arms Act etc. to create restrictions/difficulties/delays in obtaining credible tools, for self protection as allowed by Section 96 to Section 106 of the Indian Penal Code.

Some thoughts:
Has anybody ever thought, why is it that the police "recovers" Kattas(country made guns) in maximum cases of Arms Act? Some are of the view that police is one of the largest buyer of kattas to falsely implicate innocents for various reasons/considerations(everyone is aware of level and reach of corruption in Police, and needs no mention here). And same view is of opinion that since "foreign make" firearms sell at a premium when compared with kattas in illegal arms market, hence in maximum cases, recovery of "foreign make" firearms are rarely recorded by corrupt policmen(except in high profile cases that have the media attention) and these "foreign make" firearms get re-circulated by corrupt policemen in black market for profit.

I can recall a particular incident that I heard many years ago to have taken place near premises of Barasat District Court(Headquarters of North 24 Paraganas district of West Bengal). The lawyers were protesting for some grievance and police was called to suppress the protesting lawyers, police immediately rounded up the leader of lawyers and booked him under Arms Act. Is this not an example of the same policy of repression followed by British being implemented with the help of Arms Act? Is this the kind of laws a democracy should have? If lawyers can be implicated by police in false cases of Arms Act, then what is the plight of ordinary citizens?

In states like U.P., Bihar, M.P. etc. were the law and order is bad, even law abiding citizens are compelled by circumstances to keep kattas for self protection, since getting a firearm license is very difficult in practice as per Arms Act as it stands today and the extortionate prices of legal firearms. Thus these people are suffering both from threat of criminals as well threat of prosecution by Police under Arms Act.

We all know that the line of business of terrorists and gangsters is not served by kattas, but with illegally smuggled in "foreign make" firearms especially the fully automatics(the prohibited bore types), then how come the police is recovering kattas in maximum cases? Or the police is not so much interested chasing real terrorists and gangsters, but more interested in "recovering" kattas?

[arjuna]

great job guys