Types of Arms under the Arms Act, 1959

The Arms Act, 1959, along with the Arms Rules, 2016, governs the regulation of arms and ammunition in India. It classifies arms into distinct categories, primarily Prohibited Bore (PB) and Non-Prohibited Bore (NPB), and imposes restrictions on their acquisition, possession, manufacture, sale, import, export, and transport. Below are detailed notes on the types of arms, their classifications, and associated regulations under the Arms Act, 1959.

1. Classification of Firearms

Firearms in India are broadly categorized into two types based on their bore and functionality:

a. Prohibited Bore (PB) Firearms

• Definition: Prohibited Bore firearms include weapons that are restricted due to their high lethality or potential for misuse. These are firearms capable of chambering and firing specific calibers or those with certain design characteristics.
• Specific Calibers:
  • .303
  • 7.62mm
  • .410
  • .380
  • .455
  • .45 rimless
  • 9mm
• Types of Firearms:
  • All automatic firearms (e.g., machine guns, where missiles are discharged continuously until the trigger is released or the magazine is empty).
  • Semi-automatic firearms (except pistols).
  • Smooth bore guns with barrels less than 20 inches in length.
• Regulation:
  • Possession and use are generally restricted to armed forces, police, and other security personnel.
  • Licenses for PB firearms are issued by the Central Government under exceptional circumstances, such as a proven threat to life where police protection is inadequate.
  • Private ownership requires stringent licensing and is heavily restricted to curb illegal use and violence.
• Prohibited Ammunition:
  • Includes ammunition containing or designed to contain noxious liquids, gases, or other substances (e.g., rockets, bombs, grenades, shells, missiles).
  • Also includes articles designed for torpedo service, submarine mining, or other items specified by the Central Government via notification in the Official Gazette.
• Legal Consequences:
  • Acquiring or possessing prohibited arms or ammunition in contravention of Section 7 of the Arms Act can lead to imprisonment for not less than 10 years, extendable to life imprisonment, and a fine (Section 25(1AA)).

b. Non-Prohibited Bore (NPB) Firearms

• Definition: These are firearms that are less restricted and can be licensed for civilian use under specific conditions.
• Examples:
  • Double-barreled shotguns (e.g., 12-gauge DBBL).
  • Bolt-action rifles (e.g., 0.315 rifles with a magazine capacity of 5 cartridges).
  • Revolvers (e.g., 0.32 Smith & Wesson Long with a chamber capacity of 6 cartridges).
  • Semi-automatic pistols (e.g., 0.35″).
  • Pump-action shotguns (12 Bore).
• Regulation:
  • Licenses for NPB firearms are issued by State Governments.
  • Civilians can apply for licenses for purposes such as self-defense, sport, or crop protection.
  • An individual can own up to three firearms under the Arms Act, 1959.
• Eligibility:
  • Applicants must provide proof of identity, residence, and a police verification report.
  • The licensing authority considers factors such as criminal history, mental health, and the stated purpose for owning the firearm.

2. Edged Weapons and Other Arms

The Arms Act also regulates edged weapons and other sharp or pointed implements, which are subject to specific restrictions.

a. Regulated Edged Weapons

• Examples:
  • Swords
  • Machetes
  • Spears
  • Bowie knives
  • Stilettos
• Regulation:
  • Possession and carrying require a license under the Arms Act.
  • Carrying such weapons in public places, educational institutions, airports, railway stations, and metro stations is illegal unless authorized.
  • Knives with a blade length exceeding 9 inches or a blade width exceeding 2 inches are considered illegal to carry without a valid reason or license.

b. Prohibited Edged Weapons

• Examples:
  • Sword sticks
  • Daggers
  • Throwing knives
  • Bayonets
  • Switchblades
• Regulation:
  • These are illegal to possess or carry without special exemptions, as they are considered highly dangerous due to their concealable or specialized nature.

c. Exceptions for Religious and Cultural Practices

• Kirpan (Sikhs):
  • The Arms Act explicitly exempts Sikhs from needing a license to carry a kirpan, recognizing it as an essential part of their religious practice.
  • However, some states may impose restrictions on the size of the kirpan carried in public.
• Nihang Sikhs:
  • Allowed to carry edged weapons and firearms with a license under the Arms Act.
• Gurkha Community:
  • Permitted to openly carry khukris (traditional curved knives) without a license in certain contexts.
• Kodava Community:
  • Allowed to carry swords and firearms without a license, but only within the Kodagu district.
• Ananda Marga Sect:
  • Permitted to carry trishulas (tridents) and knives during religious processions, as allowed in 2004.

3. Other Restricted Arms

• Stun Guns and Tasers:
  • Considered prohibited arms under Section 25(1A) of the Arms Act, 1959, and are illegal to own without special authorization.
• Pepper Spray:
  • Legal to possess and does not require a license or documentation for purchase.
  • Manufacturers require a government license to produce pepper spray.
  • Carrying pepper spray in public transport, particularly metro trains, is subject to the discretion of the Central Industrial Security Force due to concerns about potential misuse (e.g., poison gas disguised as pepper spray).

4. Licensing and Regulatory Framework

• Licensing Requirements:
  • No person shall possess, use, manufacture, sell, transfer, or test arms or ammunition without a valid license (Section 5).
  • Licenses for PB firearms are issued by the Central Government, while NPB firearm licenses are issued by State Governments.
  • Licenses are valid for three years unless revoked earlier or issued for a shorter period at the discretion of the licensing authority.
• Application Process:
  • Applicants must submit an application to the licensing authority with details such as proof of identity, residence, and purpose.
  • The licensing authority evaluates the applicant’s criminal record, mental health, and necessity for the firearm.
• Restrictions on Import/Export:
  • No person can import or export arms or ammunition without a license (Section 10).
  • The Central Government may prohibit the import or export of specific classes of arms via notification in the Official Gazette (Section 11).
• Exemptions:
  • The Central Government may exempt certain individuals or groups from provisions of the Act for public interest, such as for cultural or religious practices (Section 41).
  • Bona fide tourists from specified countries may bring arms for sport in reasonable quantities without a license, subject to conditions.

5. Penalties for Violations

• Unlicensed Possession:
  • Possession of an unlicensed firearm is a serious offense, punishable by imprisonment up to 3 years, a fine, or both.
• Prohibited Arms/Ammunition:
  • Acquiring or possessing prohibited arms or ammunition without authorization can result in 10 years to life imprisonment and a fine.
• Illegal Sale or Transfer:
  • Selling or transferring arms to prohibited individuals or without notifying the authorities (e.g., district magistrate or police) is punishable under the Act.

6. Historical Context

• The Arms Act was first introduced by the British in 1878 to restrict Indian access to firearms following the Indian Rebellion of 1857. It aimed to curb potential uprisings by limiting the manufacture, possession, and carrying of arms.
• The Arms Act, 1959, replaced the 1878 Act after India’s independence, balancing the need for public safety with the rights of law-abiding citizens to possess arms for legitimate purposes like self-defense, sport, or crop protection.

7. Key Provisions of the Arms Act, 1959

• Chapter II (Sections 3–12): Governs acquisition, possession, manufacture, sale, import, export, and transport of arms and ammunition.
• Chapter III (Sections 13–18): Details the process for obtaining licenses, including grant, refusal, and fees.
• Chapter IV (Sections 19–24B): Outlines the powers of government officials to enforce the Act.
• Chapter V (Sections 25–33): Specifies offenses and penalties for violations.

8. Practical Implications

• Self-Defense: A valid reason for obtaining a gun license, provided the applicant meets eligibility criteria.
• Cultural/Religious Exemptions: The Act accommodates specific communities (e.g., Sikhs, Gurkhas, Kodavas) to respect their traditions while maintaining regulatory oversight.
• Public Safety: The stringent regulations aim to prevent illegal arms proliferation and misuse, reflecting the Act’s origins in colonial efforts to control uprisings.