Objectives & Scope of Arms Act 1959

INTRODUCTION:

The Arms Act of 1959 is a significant piece of legislation in India, governing the possession, acquisition, manufacture, sale, transportation, import, and export of firearms and ammunition. Its primary objective is to regulate the arms trade, ensure public safety, and prevent the misuse of firearms. Key provisions include licensing requirements for individuals and entities involved in firearms-related activities, restrictions on the possession of certain categories of firearms, registration of firearms, and penalties for violations. The Act has been amended over the years to address evolving concerns and align with international standards on arms control.

The Arms Act of 1959 encompasses a wide scope, regulating various aspects related to firearms and ammunition within India. Here’s an overview of the scope of the Arms Act, of 1959:

1. Possession and Acquisition: The Act governs the possession and acquisition of firearms by individuals and entities. It outlines the procedures for obtaining licenses for possessing firearms, including requirements for eligibility, documentation, and background checks.
2. Manufacture and Sale: The Act regulates the manufacture and sale of firearms and ammunition within India. It stipulates licensing requirements for manufacturers and dealers, ensuring that firearms are produced and distributed lawfully and responsibly.
3. Transportation: The Act addresses the transportation of firearms and ammunition, specifying rules and regulations for the safe and legal transport of these items. It may include requirements for permits or licenses for transporting firearms across different regions or states.
4. Import and Export: The Act governs the import and export of firearms and ammunition into and from India. It sets forth procedures and regulations for obtaining permits or licenses for importing or exporting firearms, ensuring compliance with international laws and agreements.
5. Prohibited Arms: The Act prohibits the possession, sale, and use of certain categories of firearms, such as automatic and semi-automatic weapons, except under specific circumstances and with appropriate authorization. It aims to restrict access to weapons that pose a high risk of misuse or pose a threat to public safety.
6. Registration: The Act requires firearms owners to register their weapons with the authorities, providing essential information such as the make, model, serial number, and caliber of the firearm. Registration helps in maintaining a record of firearms in circulation and enables authorities to track ownership and usage.
7. Penalties and Enforcement: The Act prescribes penalties for violations, including fines and imprisonment, to deter individuals from contravening its provisions. It also establishes enforcement mechanisms to ensure compliance with the law, such as designated authorities responsible for issuing licenses, conducting inspections, and investigating offenses related to firearms.

Important Definitions:
Under the Arms Act of 1959, several key definitions help provide clarity and understanding of the provisions within the legislation. Here are some important definitions:

1. Arms: This term typically refers to firearms, including pistols, revolvers, rifles, and shotguns, as well as other weapons designed to discharge explosives or gas.
2. Ammunition: Ammunition encompasses any projectile, charge, or cartridge for use with firearms, along with any parts such as primers or propellants.
3. Firearm: A firearm is any weapon that can discharge a shot, bullet, or other projectile through a barrel by the action of an explosive substance. This includes pistols, rifles, shotguns, and any other portable weapon that can discharge projectiles.
4. Licensing Authority: This refers to the designated authority responsible for issuing licenses under the Arms Act. The licensing authority may vary depending on the specific provisions of the Act and the jurisdiction.
5. Prohibited Arms: Prohibited arms are firearms or weapons that are banned from possession, sale, or use under the Arms Act. This category often includes automatic and semi-automatic firearms, as well as other weapons deemed particularly dangerous or unsuitable for civilian use.
6. Person in Possession: This refers to any individual who has control or custody over a firearm or ammunition, whether as an owner, licensee, or otherwise.
7. Licenses: Licenses are legal permits issued by the licensing authority that authorize individuals or entities to possess, acquire, manufacture, sell, transport, import, or export firearms and ammunition, subject to the conditions specified in the license.

Types of Arms

1. Prohibited Arms:
   • Automatic Firearms: These are firearms capable of continuously firing rounds as long as the trigger is held down, such as machine guns.
   • Semi-automatic Firearms: These firearms automatically load the next round into the chamber but require a separate trigger pull for each shot.
   • Other Prohibited Weapons: This category may include grenades, bombs, and other explosive devices.
2. Non-Prohibited Arms:
   • Prohibited Bore Arms: These are firearms that use ammunition of a caliber prohibited by the Act, typically larger calibers.
   • Non-Prohibited Bore Arms: Firearms that use ammunition of a caliber permitted by the Act, including pistols, revolvers, rifles, and shotguns.
   • Airguns: Guns that use compressed air or gas to propel pellets or BBs.
3. Other Categories:
4. Antique Arms: Firearms that are considered antiques due to their age, historical significance, or obsolete design. These may be exempt from certain provisions of the Act.
5. Sporting Firearms: Firearms are specifically designed and used for sporting purposes, such as target shooting or hunting. They are subject to regulations governing their use and possession.

Penalties for Offences–
The Arms Act of 1959 prescribes penalties for various offenses related to the illegal possession, acquisition, manufacture, sale, transportation, import, and export of firearms and ammunition. The penalties may vary depending on the nature and severity of the offense. Here are some common penalties for offenses under the Arms Act

1. Unauthorized Possession or Acquisition of Arms:
   • Individuals found in unauthorized possession or acquisition of firearms or ammunition may face imprisonment for a term that may extend to three years, along with a fine.
2. Illegal Sale or Transfer of Arms:
   • Those involved in the illegal sale, transfer, or disposal of firearms or ammunition may face imprisonment for a term that may extend to seven years, along with a fine.
3. Manufacture or Possession of Prohibited Arms:
   • Manufacturing, selling, possessing, or using prohibited arms or ammunition may lead to imprisonment for a term that may extend to ten years, along with a fine.
4. Failure to Surrender Firearms or Licenses:
   • Failure to surrender firearms or licenses as directed by the licensing authority may result in imprisonment for a term that may extend to six months, along with a fine.
5. Tampering with Firearms or Identification Marks:
   • Altering, removing, or obliterating the identification marks on firearms or ammunition may lead to imprisonment for a term that may extend to three years, along with a fine.
6. Import or Export Violations:
   • Importing or exporting firearms or ammunition without proper authorization may result in imprisonment for a term that may extend to seven years, along with a fine.