Arms Licenses

The Arms Act, 1959 is an Act of the Parliament of India to solidify and revise the law identifying with arms and ammunition in order to control unlawful weapons and brutality coming from them. It supplanted the Indian Arms Act, 1878.

The Arms Act was passed in 1959.

 

Chapters

The act is separated into six chapters.

  • Chapter I: Preliminary (Section 1 and 2)

Gives a short title and definitions of terms utilized in the act

  • Chapter II: Acquisition, Possession, Manufacture, Sale, Import, Export, and Transport of Arms and Ammunition (Section 3 to 12)

Clarifies rules and guidelines around acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition in India.

  • Chapter III: Provisions identifying with licenses (Section 13 to 18)

Subtleties how to secure license, rules around grant, refusal, expenses for license.

  • Chapter IV: Powers and Procedure (Section 19 to 24B)

Gives subtleties on the powers that the government authorities need to implement this demonstration.

  • Chapter V: Offenses and penalties (Section 25 to 33)

Clarifies punishments related with defying guidelines identified with this act.

  • Chapter VI: Miscellaneous (Section 34 to 46)

Manages the other miscellaneous parts of the act like exceptions.

 

Current affairs

The Act has gone through numerous progressions since 1959, the latest being in 2010 through anamendment for the Arms Act. There was likewise debate around air guns to be incorporated as a component of this act which was dismissed by the Supreme Court of India.

 

 

 

Previous legislation

The Indian Arms Act, 1878 was anact managing the manufacture, sale, possession, and carry of firearms.

Before the Indian Mutiny of 1857 (these days alluded to in India as the First War of Independence), there were not many gun control laws in India.

The act incorporated the compulsory licensing to convey a weapon, however contained prohibitions for certain gatherings and people, for example "all people of Kodava (Coorg) race".

In a 1918 recruitment leaflet for World War I, Gandhi voiced dissatisfaction with regards to the act:

"Among the numerous offenses of the British rule in India, history will view the Act denying an entire country of arms as the blackest. Assuming we need the Arms Act to be cancelled, assuming we need to become familiar with the utilization of arms, here is a brilliant chance. On the off chance that the middle classes render deliberate assistance to Government in the hour of its trial, doubt will vanish, and the prohibition on having arms will be removed."

In The New Cambridge History of India: Science, Technology and Medicine in Colonial India, researcher David Arnold inspects the impact of the British Raj on Indian weapons, mining and metallurgy:

The British knew about the part metal-working had played in supporting native forces in the past through the creation of arms and ammunition, and, similarly as they presented an Arms Act in 1878 to confine Indian admittance to firearms, so they tried to restrict India's capacity to mine and work metals that may support it in future conflicts and uprisings. This was particularly the situation with Rajasthan, an area wealthy in metals. During the 1820s James Tod recognized the 'mines of Mewar' as one of the means that had empowered its lords 'so long to battle against prevalent force, and to raise those glorious structures which would do respect to the most strongkingdoms of the west'. Indian ability in the troublesome art of projecting brass cannon had made Indian artillery a considerable adversary from the rule of Akbar to the Maratha and Sikh conflicts 300 years after the fact. Yet, by the early nineteenth century the majority of the mines in Rajasthan had been abandoned: the caste of miners was ‘extinct’.

 

Who Is Eligible?

Each manufacturer applying for a new licence under these principles will be an Indian company joined under the Companies Act, 2013 (18 of 2013); Provided that the candidate company is claimed and controlled by resident Indian citizens or by Indian companies, possessed and controlled by resident Indian citizens besides in regard of a company having Foreign Direct Investment (FDI) past 49%; Provided further that the Chief Executive of the company is a resident Indian and the management of the candidate company is in Indian hands with larger part portrayal on the Board barring nominee or independent directors besides in regard of a company having Foreign Direct Investment (FDI) past 49 percent.Every person, sports individual and institution applying for a new arms licence for the licence on FORM II, III and IV under A1/A3 according to schedule III of Arms Rules 2016.Every individual, sports individual and institution applying for renewal of arms licence for the licence on FORM II, III, IV and V under A2/A4 according to schedule III of Arms Rules 2016.Every individual/firm applying for new arms dealer licence for the licence on FORM VIII and VIII A under A6 according to schedule III of Arms Rules 2016.