Guns & Laws

Continued from https://cvshreejeev.wixsite.com/website/post/lie-detector-test

It is generally seen in movies and TV serials that anyone and everyone has a gun as if it can be bought off the counter like vegetables. In one TV serial, a female receptionist of a private company was shown to possess a fancy pistol which she bought to kill her rival in the office. But the reality is very different in India. Unlike in the US, it is very difficult to procure a gun license in India. Even after procuring a license, the cost is anywhere around Rs.1 lakh or more for an average pistol or revolver.

The Indian Arms Act is the law that regulates the manufacture, sale, possession and carrying of firearms in India. Procuring a gun license in India is a difficult task. It may sometimes take years.

Gun licenses are broadly categorized into Prohibited Bore and Non-Prohibited Bore.

1. Prohibited Bore licenses can be issued only by the Central Government and includes fully automatic and semi-automatic guns which can be issued to only specific groups of people, generally the armed forces of the Government.

2. Non-Prohibited Bore can be issued both by the Central and State Governments and includes all the remaining types of guns that ordinary citizens can use. This license is issued to people who perceive a threat to their lives and want it for self-defense. However, the person should have good reason to believe that there is a danger to his life. The Government is not obligated to issue a license to everyone who applies for it. It is given after carrying out all due diligence and proper application of mind. Approximately 50% of the license applicants are generally issued licenses. The government is not bound to give reasons for the rejection of any application. It is mandatory that all firearms must be carried in specially designed holsters. Gun licenses must be renewed every three years.

The various categories of people who would want to use a Gun in India are :

1. Members of the Armed forces, Police, etc.

2. Sportspersons who are into shooting sports

3. Members of the public who perceives a threat to their lives

4. Security guards

5. People who organize games like paintball – Paintball guns

6. Film industry – blank firing guns

While no license was earlier required to own air guns and air rifles and even toy shops could sell them, the new rules say that manufacturing and selling of air rifles will require a specific license under the Arms Act. Also, a license will be required for any air rifle generating more than 20 joules of energy.

Many misconceptions are floating around about the eligibility to possess a gun in India. The most recent that I heard was when a friend argued that anyone who possesses more than 5 acres of land in his or her name is eligible for a gun license. However, to put things in perspective, the thumb rule is the private person’s need to get a license, the most common being a threat perception to his life.

If we delve into the psyche of the human mind about the reasons why any private person might want to possess a gun, the following are the inferences :

• For self-defense

• It gives a sense of power to the holder

• People generally respect a person possessing a gun, with the belief that he is powerful

• Many people feel that flaunting a gun is stylish

The National Crime Records Bureau (NCRB) mentions that gun-related deaths in India increased from 3063 to 3655 between the period from 2010 to 2014. During the same period, United States had 10 times that number. At the same time, the NCRB says that only 14% of the victims in 2014 in India were killed by licensed guns. The rest were killed by illegal weapons, largely prevalent in the hinterlands. In many parts of the country, the manufacture of illegal guns, largely called a “Katta”, is clandestinely carried out as a cottage industry, where such country-made guns are manufactured with crude parts such as pipes of bicycles, etc. So one can only imagine the number of illegal guns in possession of unauthorized people in India. And crimes related to guns need not always be killing someone with a gun. Even brandishing a gun to threaten someone will land you in jail.

My next Blog titled “007… License to Kill?” will be about the most famous Secret Agent James Bond whose image as a gun-toting Super Cop is etched in everybody’s mind.