The Arms Act, 1959: A Legal Analysis and Comparative Study with USA

To maintain law and order in a country, the government lays down various laws and regulations. The defense and security agencies help to defend the state against any kind of internal or external threats. These agencies are equipped with guns and weapons and empowered to use reasonable force and at times excessive power depending upon the situation to maintain peace and security of the state. In India, the authority to use firearms and ammunition is restricted to only the armed forces and law enforcement agencies. But, the laws relating to owning and using guns by citizens are very strict and highly regulated. The principal gun control legislation in the country is the Arms Act, 1959, which prohibits the sale, manufacture, possession, acquisition, import, export, and transport of firearms and ammunition unless under a license. The gun control regulations in India were first introduced by the British as a measure to restrict Indians from owning guns and to prevent any kind of revolt or mutiny against the British rulers. However, not all countries have such strict control over the ownership of guns. Countries such as the United States of America have a strong gun culture and the citizens of the country have a fundamental right to own guns. Thus, in a country like India where gun ownership is a privilege, it is a matter of right in the United States. The present paper primarily focuses on the Arms Act, 1959 as security legislation and the historical background of arms control legislation as well as its present legal scenario in India with a comparative study with the gun control laws and policies of the United States.