Punjab govt cancels 813 gun licenses in state: Who can possess firearms under the Indian Arms Act?

Arora added that as of date there are a total of 3,73,053 arms licenses in Punjab but the government is continuously taking action to end gun culture.

Why is Punjab clamping down on gun culture?

The Punjab government has been under pressure from the opposition over “worsening” law and order after the murders of kabaddi player Sandeep Nangal Ambian in March 2022, singer Sidhu Moosewala in May 2022, the November 2022 killings of Shiv Sena leader Sudhir Suri and Dera Sacha Sauda follower Pardeep Singh.

The state’s recent move to suspend licenses is one in a series of similar measures undertaken by the state previously. On November 13, 2022, the Punjab government ordered a complete ban on the public display of weapons and songs glorifying violence.

What is the 2022 order?

On November 13, 2022, the state’s Department of Home Affairs and Justice headed by Chief Minister Bhagwant Mann issued a letter to the state DGP, all district magistrates, commissioners, and SSPs forbidding the public display of firearms and songs glorifying weapons.

The order also called for a review of all licenses issued within three months and barred the issuance of new licenses for the next three months, except when authorities are personally convinced of its necessity in extraordinary circumstances. It required the officers to “immediately cancel the arms license” if found to be issued to any miscreant in their review.

However, in a significant dilution of the order, the Punjab Police said on November 29 that there is no restriction on the issuance of new arms licenses and carrying them for the purpose of self-defence.

Before this, the Punjab government 2020 wrote to the Union Information Technology (IT) and Information and Broadcasting (I&B) ministries, requesting the removal of content glorifying violence, drugs, and liquor from YouTube and other social media platforms. This came after the Punjab & Haryana High Court’s July 2019 order in ‘Reet Mohinder Singh vs State of Punjab and Others’ that directed the DGPs of Punjab, Haryana, and Chandigarh to ensure that no songs glorifying liquor, wine, drugs, and violence are played, even in live shows.

“The District magistrates/SSPs/SPs of each district shall be personally responsible to ensure due compliance of the directions issued,” the Division Bench said while observing that the glorification of violence has given rise to the culture of gangsters in Punjab, Haryana, and Chandigarh.

The 2019 order served as a basis for initiating action under the Indian Arms Act, 1959, and the Indian Penal Code against singers like Elly Mangat, who allegedly participated in a celebratory firing, and Sippy Gill for allegedly promoting violence and weapons in his song ‘Gundagardi’.

Who can possess firearms under the Indian Arms Act?

The Indian Arms Act of 1959 was passed after India attained independence. It scrapped the erstwhile Act of 1878, passed by the British in the aftermath of the 1857 mutiny, restricting Indians from possessing firearms.

According to the 1959 Act, no one can acquire, possess or carry any firearms in India without a license. The Act bars one person from carrying more than three firearms after its amendment in 1983, except if the person is a licensed dealer, belongs to the armed forces of the Union, or is a member of a rifle club or association licensed or recognised by the Centre.

The Arms Act allows Indian citizens aged 21 years and above to get Non-Prohibited Bore (NPB) guns. Bore refers to the diameter of a gun’s bullets. NPB guns adhering to .35,.33, .22, and .380 are permissible for a license. Meanwhile, Prohibited Bore guns of bores .38, .455, and .303 can only be issued to defence personnel or persons facing imminent threats to life. A license can only be granted for purposes of self-defence, crop protection, or sports.

Section 9 of the Act prevents persons of unsound mind or those out on bond from getting such a license. Applications for the grant of arms license for NPB weapons are dealt with by the State Government/DM concerned, based on the report of the police authorities, prepared after a thorough background check of the applicant’s antecedents and family details. However, the Centre is also empowered to prohibit the possession and distribution of arms in certain “disturbed areas.”

An amendment to the Act in December 2019 reduced the number of permitted firearms from three to one and provided a period of one year to deposit the excess firearms with the officer-in-charge of the nearest police station or with a licensed firearm dealer or unit armoury. The amendment also increased the duration of validity of a firearm license, from three to five years.

What are the Arms Rules, 2016?

In 2016, the Centre issued new Arms Rules, 2016, superseding the Arms Rules, 1962, whereby applying for an arms license, rifle club, association, or firing range required one to complete a safety training course involving safe handling and carrying procedures.

Provisions for granting restricted categories of arms to those living in militancy-hit areas and a decision on applications for arms licenses within two months were part of the rules issued by the Centre.