SPECIAL STORY

Getting illegal weapons is easier than obtaining licensed arms

The reasons behind their disappointments, however, focused especially not to the changes, but to the unnecessary delay, rejection and over all political motivation while granting licenses by the issuing authorities.

Biswabrata Goswami 

Hummingbird News

KRISHNAGAR, 26 AUG: With ambitious restructuring of arms rules in more than five decades, the Center has made the laws even tougher. After coming into power in 2014, Narendra Modi government had quickened the restructuring process and the rules put into effect in 2016.

The Arms Act of India 1959 was subsequently amended in 2019.

Indian law allows citizens to own and carry guns, but it is not a right enshrined in the constitution. Getting a gun license in India is a difficult task that can take years.

Prospective gun owners will have to show they have been trained, and they must carry their firearms only in holders and secure them in a “knocked down” condition in gun lockers at home.

An official in the Ministry of Home Affairs, said on the condition of anonymity, the changes are intended “to bring in transparency in the arms-control regime, prevent, combat and eradicate illicit trade in small arms and light weapons… and bring in the contemporary practices in international laws.”

General citizen (license holders) will no longer be allowed to carry more than two firearms. Those who have more than two firearms must submit the third or more permanently to the local police station or to arms dealers by 31/12/2020.  Sports shooters have special exemptions under the law, allowing shooters to possess more weapons and ammunition than ever before.  Army, paramilitary, police, ex-police personnel and shooters will get special benefits in getting licenses.

But, the changes have riled the several rifle shooting associations, arms dealers and many law-abiding persons who applied for arms licenses. The reasons behind their disappointments, however, focused especially not to the changes, but to the unnecessary delay, rejection and over all political motivation while granting licenses by the issuing authorities.

Hitting out at the state government, arms dealers in the state have alleged that getting illegal weapons was easier than obtaining licensed arms. The circumstances in the state are such that a person now essentially requires arms and weapons for self-defense and safety or for sports, but obtaining license for the same is surprisingly quite impossible.

“Manufacturing and selling of illegal arms has become a form of skill development and self-employment in the state. It is so that if one wants arms, he should move to open markets to purchase the same at cheaper price from illegal arms dealers,” an arms dealer in Nadia who did not wish to be named said on condition of anonymity.

There are considerable numbers of cases where sports persons are being harassed for years.

Sports shooters have special exemptions under the law, allowing shooters to possess more weapons and ammunition than ever before.  Army, paramilitary, police, ex-police personnel and shooters will get special benefits in getting licenses.

There is a time limit for all firearms related work and government departments will work according to that table.  But no circular has yet been issued by the state government till date and no one knows the role of the concerned department.

The district magistrate or empowered commissioner of police will call for a report from the head of the concerned police station directly and the report should submit to the licensing authority within 30 days by the concerned police station. Based on this, the licensing authority decide who is eligible to get license within 30 more days but in practice it has not been done, alleged Mirza Azahar Abbas Beg, a sports person and resident of Midnapore.

There are also a number of applicants who the government or the administration has provided armed security guards for protection. But when they applied for arms license, the licensing authority has under mysterious circumstances rejected his plea. This has happened in Nadia.

One of the leaders of the ruling party in Nadia convicted U/s. 376/302 IPC who is currently on bail by the Supreme Court, also has a firearms license. It's completely against the law. Although the application for conversion from individual license to sports category has been passed but it has not been metiralized yet.

Thousands of such complaints are coming up from Murshidabad, Midnapore, 24 Parganas, Nadia, especially those who have licenses but are not getting their due service after providing the fees. Most of them are present or former army or paramilitary personnel.

The arms license application of the members of Serampore Rifle Club has been rejected, though the police report recommended for them.

Ashim Chakraborty, a resident of Krishnagar and CFO of a company alleged, “I have applied for getting an arms license before the Nadia district magistrate where I mentioned that my son is an ethical hacker and for his security I want to get arms license. But, my application has been rejected while the issuing authority has not cited the reason behind the cancellation”.

Vibhu Goel

Magistrates, influential people, a special group of the ruling political party is getting arms license effortlessly, while it is alleged many eligible persons have been denied getting the same. Even, many applicants get licenses in a single day, sources said.

An administrative official said several public hearings were arranged in Nadia district recently. The Additional District Magistrate (General) has rejected the pleas of about 240 applicants and nearly 200 of the rejected, the authority cited reason that they have no threat perceptions. While the police report of these applicants stated that they have life threats.

When asked, Vibhu Goel, district magistrate said, “The people who have applied for arms licenses will get according to the law. All will not get license. We will have to realize foremost the use of the arms."