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Abstract

India has an uncompromising structure of gun laws in the world. In the said country firearm acquisition is not provided as fundamental rights rather it has been provided as a privilege to its citizens. In point of facts Arms Rule 2016 creates lisence mandatory even for air guns. The procedure for acquiring license is strenuous and frequently takes nearly a month. Firearms are granted after in-depth checks which also includes background.

According to the database of the Sydney University the rate of private gun ownership is per 100 Indians at 3.4. That’s nearly a paltry number compared with 101 guns for 100 Americans- which reflects more guns than people.

India might not be triggered happy however it is having its misfireings whenever it comes to the question of gun ownership. An uncompromising structure of gun laws provides restrictions over acquiring firearms in a legal way however an un licenced fire arm structure provides 85% of the civilian-owned stockpile. Secondly, India too has its gun hubs – areas with high gun ownership and fatalities.

India’s Firearm hub

It’s very tough to put a number over unlawfully held guns. However, putting a view over the license status of firearm seizures made in the past provides a fully transparent view of how prevalent unlicensed guns are. Sixtey percent of 100,000 Fire arms seized in India between the year of 2014-2015 were found to be unlicenced, with the state of Uttar pradesh accounting for most of it.

Arguments in favor of Access to Guns

A group of people strongly believe that guns can effectively make crime less likely by increasing the cost of committing a crime. They have particularly pointed out that it it is hard to estimate that the number of lives undoubtedly saved by civilians who held guns, leaving alone that the number of crimes that had never happend because they had probably been saved by the victims who held guns.

A group of researchers has found that there is a powerful relationship between access to firearms among blacks in the U.S. and incidents of lynching. The findings imply that access to firearms helped blacks better protect themselves against incidents of lynching.

The state of gun ownership in India

The Small Arms Survey of 2018 claimed that civilian gun ownership in India stands at an astounding 70 million, second only to the US.

The figure seems bizarre, given that gun licenses in India number just 3.4 million, over a third of them in Uttar Pradesh.

In 2016, India ranked 3rd in terms of gun-related homicides, and over 90 % of the cases involved the use of unlicensed weapons. This indicates that the seizure of illegal guns is just a small part of a larger problem.

According to the National Crime Records Bureau report of 2020, some 75,000 firearms were seized in that year, about half of them from UP, which is widely known to be the hub of illegal arms manufacture.

The gun control laws in India

Arms Act of 1959:

About:

It aims to be as extensive as possible to cover all aspects relating to the acquisition, possession, manufacture, sale, import, export, and transport of arms and ammunition in India.

Requirements for Acquiring Gun License:

The minimum age requirement for acquiring a gun license in India is 21 years.

The applicant must not have been convicted of any offense involving violence or moral turpitude five years before commencing the application, not of an ‘unsound mind’ and not a threat to public safety and peace.

Property qualification is not a criterion for acquiring a gun license.

Upon receiving an application, the licensing authority (i.e., the Home Ministry), asks the officer in charge of the nearest police station to submit a report about the applicant after thorough vetting within a prescribed time.

Other features of the above-said act

The above said act defines ‘prohibited arms’ as those that either discharge any noxious liquid or gas, or weapons that seek pressure to be applied on a trigger for discharge.

It permits the smoothbore gun with a barrel of not less than 20 inches for crop protection or sport.

No entity is permitted to sell or transfer firearms which does not bear the name of the makers, manufacturers number of any other visible or stamped identification marks.

Arms Amendment Act of 2019

The Arms Act amended in 2019 reduces the number of firearms that an individual can procure from 3 to 2.

The validity of the license has been increased from the present 3 years to 5 years.

It also enlists specific provisions on curtailing the use of licensed weapons to ensure social harmony.

The punishment of imprisonment is increased between 7 and 14 years, along with a fine for the offense of acquisition, possession, or carrying of prohibited ammunition without a license.

It prohibits the conversion of one category of firearms to another without a license.

Unlawful manufacture, sale, and transfer are liable for an imprisonment term of not less than seven years which could be extended to life, with a fine.

 

Mass shooting in Maine

The shooting in Maine’s second-largest city is the 36th mass killing in the United States this year, according to a database maintained by The Associated Press and USA Today in partnership with Northeastern University. The database includes every mass killing since 2006 from all weapons in which four or more people, excluding the offender, were killed within a 24-hour time frame.

The forty-year-old Robert Card of Bowdoin, Maine is been identified as the suspect in the deadly attack by the police of the jurisdiction. Soon after that, it was confirmed by Janet Mills that on Friday night the suspect of the deadly attack Card had been found dead at the location of Lisbon Falls.

It is been confirmed by the police that the Card’s cause of death was a self-inflicted gunshot

Jim Ferguson, the ATF special agent in charge in Boston, told The Associated Press that the weapons used in the shooting had been purchased legally. Many firearms were recovered although he declined to say their make, model, or how many exactly.

At a Saturday press conference, Sauschuck said Card had a history of mental illness, but there was no evidence that he had ever been involuntarily committed. “Just because there appears to be a mental health nexus to this scenario, the vast majority of people with mental health diagnosis will never hurt anybody,” he said.

As for why Card chose his targets, Sauschuck said it was likely due to paranoia, that he thought people were talking about him.

He also said that a note found in Card’s home was meant for a loved one with the passcode to his phone and bank account numbers. Sauschuck said he wouldn’t describe it as an explicit suicide note but that its tone indicated that was the intent.

The location for mass shooting

Lewiston Police said the shooting took place on Wednesday evening at Schemengees Bar and Grille and Just-In-Time Recreation, a bowling alley about 4 miles away.

Several parents and children were at Just-In-Time as part of a children’s bowling league

Maine has a longstanding culture of gun ownership tied to traditions of hunting and sport shooting. The state doesn’t require permits to carry guns.

Aftermath

According to Maine State Police, seven people died Wednesday night at the Just-In-Time Recreation bowling alley. Six were male and one was female. Eight more people, all male, died at Schemengees Bar and Grille. Three others died after being taken to hospitals.

The deceased ranged in age from 14 to 76. A teen bowler, a shipbuilder, and a sign language interpreter were among the dead.

The death toll was staggering for a state that had 29 homicides in all of 2022. The attack was the worst mass killing in state history.

Police and other authorities had issued a shelter-in-place order for residents during the massive search for Card on land and water

President Joe Biden has ordered all U.S. flags to be flown at half-staff until sunset on Monday.

In a statement following the announcement of Card’s death, Biden said the aftermath of the shooting “has been a tragic two days – not just for Lewiston, Maine, but for our entire country.”

“Tonight we’re grateful that Lewiston and surrounding communities are safe after spending excruciating days hiding in their homes,” said Biden. He praised law enforcement officers who “worked around the clock to find this suspect and prevent the loss of more innocent life — all while risking their own. They are the best of us.”

Conclusion

If we put a view over India it is to of pro-gun lobby there can be arguments regarding the access to guns that guns don’t kill people that if easy access to firearms is been provided by the government then the illegal sale of the gun will be down but if I put my view over the said matter then what I understand is more access to a gun means showing a clear corridor to crime.

As of today, India needs more exacting gun laws so that we can put a stop to the illegal purchase and acquisition of firearms.

Written by

Kaulav roy chowdhury