**Executive Summary:**
The Arms Amendment Act, 2019, further amends the Arms Act of 1959. It received presidential assent on December 13, 2019, and is published for general information. Key changes include revisions to the number of firearms allowed, enhanced penalties for certain offenses, and provisions related to organized crime and illicit trafficking. The Act comes into force on a date appointed by the Central Government.
**Key Points / Main Content:**
* **Amendment to Section 2:**
* A "licence" includes one issued in electronic form.
* **Amendment to Section 3:**
* Reduces the allowable number of firearms from three to two.
* Individuals possessing more than two firearms at the commencement of this Act have one year to deposit the excess firearms with the authorities, a licensed dealer, or a unit armoury for members of the armed forces.
* Firearms must be delicensed within ninety days from the date of expiry of aforesaid one year.
* The limit of two firearms shall not be exceeded while granting arms licence on inheritance or heirloom basis.
* **Amendment to Section 5:**
* Expands clause (a) to include "obtain, procure," in addition to "manufacture".
* **Amendment to Section 6:**
* Includes converting firearms from one category to another as a prohibited activity.
* **Amendment to Section 8:**
* Extends the provision to include "ammunition" in addition to "firearm".
* **Amendment to Section 13:**
* Replaces "point 22 bore rifle or an air rifle" with "firearm".
* **Amendment to Section 15:**
* Extends the license renewal period from three to five years.
* Licenses granted under section 3 are subject to conditions specified in subclauses ii and iii of clause a of subsection 1 of section 9.
* Licensees shall produce the license along with the firearm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed.
* **Amendment to Section 25 (Penalties):**
* Increased penalties for manufacturing, obtaining, or procuring illegal arms.
* Increased penalties for converting imitation firearms or converting firearms from one category to another.
* Increased imprisonment terms for certain offenses, potentially up to life imprisonment.
* Introduces a minimum imprisonment term of ten years for taking a firearm from police or armed forces using force, extendable to life imprisonment, along with a fine.
* Increased imprisonment terms for contraventions, extendable up to five years and subject to a fine.
* Addresses offenses related to organized crime syndicates with imprisonment that may extend to life imprisonment and also liable to fine.
* Introduces penalties for illicit trafficking of firearms and ammunition, including imprisonment that may extend to life imprisonment and also liable to fine.
* Penalties for using firearms rashly or negligently or in celebratory gunfire that endangers human life.
* **Amendment to Section 27:**
* Replaces "punishable with death" with "punishable with imprisonment for life, or death and shall also be liable to fine".
* **Amendment to Section 44:**
* Adds "for the purposes of tracing" to the stamping or marking of firearms and ammunition.
* Defines "tracing" as the systematic tracking of firearms and ammunition from manufacturer to purchaser for detecting, investigating, and analyzing illicit manufacturing and trafficking.
**Impact Analysis**
**Individual Firearm Owners/Licensees:**
* *Impact:* Affected by the reduced limit on the number of firearms allowed, changes to license renewal processes, and increased penalties for violations.
* *Action Required:* Must deposit excess firearms within one year of the Act's commencement. Must adhere to new license renewal requirements, including producing the license and firearm for inspection every five years.
**Firearm Manufacturers/Dealers:**
* *Impact:* Affected by stricter regulations on manufacturing, converting, and trafficking firearms and ammunition.
* *Action Required:* Must comply with new marking and tracing requirements.
**Law Enforcement and Judiciary:**
* *Impact:* Enhanced powers to investigate and prosecute offenses related to firearms, including those involving organized crime.
* *Action Required:* Enforce the new provisions of the Act, including increased penalties and regulations on firearm ownership and trafficking.
**Members of Organized Crime Syndicates:**
* *Impact:* Subject to significantly increased penalties for firearms-related offenses.
* *Action Required:* Avoid involvement in any activity contravening the provisions of the Act.
Key Entities Referenced
The Arms Amendment Act, 2019: An Act further to amend the Arms Act, 1959, receiving the President's assent on December 13, 2019.
Arms Act, 1959: The principal Act which The Arms Amendment Act, 2019 amends.
Parliament: The legislative body that enacted the Arms Amendment Act, 2019.
Central Government: The government authorized to appoint the date on which the Arms Amendment Act, 2019 comes into force.
Arms Rules, 2016: A set of rules related to firearms, mentioned in the context of categorization of firearms.
India: The territory within which illicit trafficking of firearms is addressed.
New Delhi: Location of Ministry of Law and Justice
Dadra and Nagar Haveli and Daman and Diu: Union Territories, subject of CORRIGENDA The Dadra and Nagar Haveli and Daman and Diu Merger of Union Territories Act, 2019
jftLVªh lañ Mhñ ,yñ—(,u)04@0007@2003—19
REGISTERED NO. DL—(N)04/0007/2003—19
vlk/kkj.k
EXTRAORDINARY
Hkkx [k.M
II — 1
PART II—Section 1
izkf/kdkj ls izdkf'kr
PUBLISHED BY AUTHORITY
lña ubZ fnYyh] 'kqØokj] fnlEcj 13] 2019@vxzgk;.k 22] 1941 ¼'kd½
72]
No. 72] NEW DELHI, FRIDAY, DECEMBER 13, 2019/AGRAHAYANA 22, 1941 (SAKA)
bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 13th December, 2019/Agrahayana 22, 1941 (Saka)
The following Act of Parliament received the assent of the President on the
13th December, 2019, and is hereby published for general information:—
THE ARMS (AMENDMENT) ACT, 2019
NO. 48 OF 2019
[13th December, 2019.]
An Act further to amend the Arms Act, 1959.
BE it enacted by Parliament in the Seventieth Year of the Republic of India as
follows:—
1. (1) This Act may be called the Arms (Amendment) Act, 2019. Short title and
commencement.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
54 of 1959. 2. In the Arms Act, 1959 (hereinafter referred to as the principal Act), in section 2, after Amendment
clause (e), the following clause shall be inserted, namely:— of section 2.
'(ea) "licence" means a licence issued in accordance with the provisions of this
Act and rules made thereunder and includes a licence issued in the electronic
form;'.2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
Amendment 3. In section 3 of the principal Act, in sub-section (2),—
of section 3.
(i) for the words "three firearms", the words "two firearm" shall be substituted;
(ii) for the proviso, the following provisos shall be inserted, namely:—
"Provided that a person who has in his possession more firearms than
two at the commencement of the Arms (Amendment) Act, 2019, may retain with
him any two of such firearms and shall deposit, within one year from such
commencement, the remaining firearm with the officer in charge of the nearest
police station or, subject to the conditions prescribed for the purposes of
sub-section (1) of section 21, with a licensed dealer or, where such person is a
member of the armed forces of the Union, in a unit armoury referred to in that
sub-section after which it shall be delicensed within ninety days from the date
of expiry of aforesaid one year:
Provided further that while granting arms licence on inheritance or heirloom
basis, the limit of two firearms shall not be exceeded.".
Amendment 4. In section 5 of the principal Act, in sub-section (1), in clause (a), for the word
of section 5.
"manufacture,", the words "manufacture, obtain, procure," shall be substituted.
Amendment 5. In section 6 of the principal Act, after the words "convert an imitation firearm into
of section 6.
a firearm", the words and figures "or convert from any category of firearms mentioned in the
Arms Rules, 2016 into any other category of firearms" shall be inserted.
Amendment 6. In section 8 of the principal Act, in sub-section (1), for the word "firearm", the
of section 8. words "firearm or ammunition" shall be substituted.
Amendment 7. In section 13 of the principal Act, in sub-section (3), in clause (a), in sub-clause (ii),
of section 13. for the words and figures "point 22 bore rifle or an air rifle", the word "firearm" shall be
substituted.
Amendment 8. In section 15 of the principal Act, in sub-section (1),—
of section 15.
(a) for the words "period of three years", the words "period of five years" shall
be substituted;
(b) after the proviso, the following proviso shall be inserted, namely:—
"Provided further that the licence granted under section 3 shall be subject
to the conditions specified in sub-clauses (ii) and (iii) of clause (a) of
sub-section (1) of section 9 and the licensee shall produce the licence along
with the firearm or ammunition and connected document before the licensing
authority after every five years from the date on which it is granted or renewed.".
Amendment 9. In section 25 of the principal Act,—
of section 25.
(i) in sub-section (1),—
(a) in clause (a), for the word "manufactures,", the words "manufactures,
obtains, procures," shall be substituted;
(b) in clause (b), after the words "convert an imitation firearm into a firearm",
the words and figures "or convert from any category of firearms mentioned in
the Arms Rules, 2016 into any other category of firearms" shall be inserted;
(c) in the long line, for the words "three years but which may extend to
seven years", the words "seven years but which may extend to imprisonment
for life" shall be substituted;SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
(ii) in sub-section (1A),—
(a) for the words "five years but which may extend to ten years", the
words "seven years but which may extend to fourteen years" shall be substituted;
(b) the following proviso shall be inserted, namely:—
"Provided that the Court may, for any adequate and special reasons
to be recorded in the judgment, impose a sentence of imprisonment for a
term of less than seven years.";
(iii) after sub-section (1A), the following sub-section shall be inserted, namely:—
"(1AB) Whoever, by using force, takes the firearm from the police or
armed forces shall be punishable with imprisonment for a term which shall not
be less than ten years but which may extend to imprisonment for life and shall
also be liable to fine.";
(iv) in sub-section (1AA), for the words "seven years", the words "ten years"
shall be substituted;
(v) in sub-section (1B),—
(a) in the long line, for the words "one year but which may extend to three
years", the words "two years but which may extend to five years and shall also
be liable to fine" shall be substituted;
(b) in the proviso, for the words "one year", the words "two years" shall
be substituted;
(vi) after sub-section (5), the following sub-sections shall be inserted, namely:—
'(6) If any member of an organised crime syndicate or any person on its
behalf has at any time has in his possession or carries any arms or ammunition
in contravention of any provision of Chapter II shall be punishable with
imprisonment for a term which shall not be less than ten years but which may
extend to imprisonment for life and shall also be liable to fine.
(7) Whoever on behalf of a member of an organised crime syndicate or a
person on its behalf,—
(i) manufactures, obtains, procures, sells, transfers, converts, repairs,
tests or proves, or exposes or offers for sale or transfer, conversion, repair,
test or proof, any arms or ammunition in contravention of section 5; or
(ii) shortens the barrel of a firearm or converts an imitation firearm
into a firearm or converts from any category of firearms mentioned in the
Arms Rules, 2016 into any other category of firearms in contravention of
section 6; or
(iii) brings into, or takes out of India, any arms or ammunition of
any class or description in contravention of section 11,
shall be punishable with imprisonment for a term which shall not be less than ten years
but which may extend to imprisonment for life and shall also be liable to fine.
Explanation.—For the purposes of sub-sections (6) and (7),—
(a) "organised crime" means any continuing unlawful activity by
any person, singly or collectively, either as a member of an organised
crime syndicate or on behalf of such syndicate, by use of violence or
threat of violence or intimidation or coercion, or other unlawful means,
with the objective of gaining pecuniary benefits, or gaining undue
economic or other advantage for himself or any person;4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—SEC. 1]
(b) "organised crime syndicate" means a group of two or more
persons who, acting either singly or collectively, as a syndicate or gang
indulge in activities of organised crime.
(8) Whoever involves in or aids in the illicit trafficking of firearms and
ammunition in contravention of sections 3, 5, 6, 7 and 11 shall be punishable
with imprisonment for a term which shall not be less than ten years but which
may extend to imprisonment for life and shall also be liable to fine.
Explanation.—For the purposes of this sub-section, "illicit trafficking"
means the import, export, acquisition, sale, delivery, movement or transfer of
firearms and ammunition into, from or within the territory of India, if the firearms
and ammunition are not marked in accordance with the provisions of this Act or
are being trafficked in contravention of the provisions of this Act including
smuggled firearms of foreign make or prohibited arms and prohibited ammunition.
(9) Whoever uses firearm in a rash or negligent manner or in celebratory
gunfire so as to endanger human life or personal safety of others shall be
punishable with an imprisonment for a term which may extend to two years, or
with fine which may extend to rupees one lakh, or with both.
Explanation.—For the purposes of this sub-section, "celebratory gunfire"
means the practice of using firearm in public gatherings, religious places, marriage
parties or other functions to fire ammunition.'.
Amendment 10. In section 27 of the principal Act, in sub-section (3), for the words "shall be
of section 27. punishable with death", the words "shall be punishable with imprisonment for life, or death
and shall also be liable to fine" shall be substituted.
Amendment 11. In section 44 of the principal Act, in sub-section (2), in clause (f),—
of section 44.
(a) for the words "firearm shall be stamped or otherwise shown thereon", the
words "firearm or ammunition shall be stamped or otherwise shown thereon for the
purposes of tracing" shall be substituted;
(b) the following Explanation shall be inserted, namely:—
'Explanation.—For the purposes of this clause, "tracing" means the
systematic tracking of firearms and ammunition from manufacturer to purchaser
for the purpose of detecting, investigating and analysing illicit manufacturing
and illicit trafficking;'.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
————
CORRIGENDA
The Dadra and Nagar Haveli and Daman and Diu (Merger of Union Territories)
Act, 2019 (44 of 2019) as published in the Gazette of India, Extraordinary, Part II, Section 1,
dated the 9th December, 2019 (Issue No. 68):—
1. At page 3, in line 36, for "Union to", read "Union terriroty to".
2. At page 4, in line 49, for "section 16", read "section 15".
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
MGIPMRND—4470GI(S3)—13-12-2019.