_edited_edited.jpg)
In a country like the USA, acquiring a gun is a fairly easy task. In fact, it's a constitutional right that's given to all citizens. However, the procedure of acquiring a gun in India is very rigorous and rigid. Before 1987, the District Magistrate or any State Government personnel had the power to give a license of possessing a gun. This changed in 1959 when the new Arms Act came into existence.
In the present scenario, the Indian Government holds a complete monopoly in the manufacture, sale, export, and import of arms and ammunition. There are Indian Ordnance factories (Headquater: Kolkata) located in various states which fall under the control of The Defense Ministry of India. These factories produce and sell all the arms and ammunition in our country.
In the Arms Act, 1959, firearms got categorized as Prohibited Bore (PB) and Non-Prohibited Bore (NPB). Weapons like pistols (9 mm) and handguns of calibre .38, .455, and calibre .303 rifles belong to the PB category (including semi-automatic and automatic guns). NPB category contains weapons like handguns of caliber .35, .32, .22 and .380.
In order to possess these guns, it's mandatory to acquire a license. However, the mere presence of the cartridges will not hold you liable for punishment. In the ruling of Rachelle Joel Oseran v. The State of Maharashtra, the Bombay High Court stated that the possession of a cartridge without the knowledge of that individual will not amount to punishment.
The laws provide certain reasons that allow an individual to apply for the license of PB guns. No civilians get the authorization to obtain NPB guns. These reasons include:
Destruction of wild animals that threatens the lives of civilians.
Target and Training (Trainee's age must be between 15 and 21 years and the Trainer must be an adult.)
Sports Shooting Association, Shooting Ranges, and License for accredited trainers.
Museums or for film and television production.
Self-defence, crop protection, and sports.
As long as an individual has passed the age of 21 years with a sound mind, he can apply for the license of PB guns under the aforementioned reasons. Any interested person can file an application that requires their past criminal behaviour and the reason to get a gun.
The applicant will also have to attach certain documents like identity proof, residence proof, proof of age, proof of education, residence proof, 4 photographs, last three years’ income tax returns, character certificate after verification from eminent members in the locality, health certificates both mental and physical. After the submission of the required documents, the police will conduct a strict background check for two months.
The background check will include interviewing the applicant's family, friends, neighbours, and checking the mental health of the applicant. These interviews get submitted to Criminal Branch and National Crime Record Bureau for record-keeping. After this submission, the licensing authorities interview the applicant and the reason for their license is also documented.
If the license gets approved, the applicants have to observe mandatory arms handling course where they learn safe handling, firing, and transporting a gun. Moreover, the license must get renewed after every three years, and the government has the right to confiscate the weapons at any time. As a result, it may be stated that Indian firearms rules are extremely severe, putting a stop to Indians' desire to imitate the American tendency of collecting guns.
For a more detailed understanding, refer to the" Rachelle Joel Oseran v. The State of Maharashtra" case study by clicking the case below.
Comments