 bill no 368 of 2019 the arms (amendment) bill, 2019 a billfurther to amend the arms act, 1959be 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, 2019short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5amendment of section 254 of 19592 in the arms act, 1959 (hereinafter referred to as the principal act), in section 2, after clause (e), the following clause shall be inserted, namely:—'(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;'3 in section 3 of the principal  act  in sub-section (2),—amendment of section 3(i) for the words "three firearms", the words "one firearm" shall be substituted; (ii) for the proviso, the following provisos shall be inserted, namely:—5 10"provided that a person who has in his possession more firearms than one at the commencement of the arms (amendment) act, 2019, may retain with him any one of such firearms and shall deposit, within one year from such commencement, the remaining firearms 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 one firearm shall not be exceeded"15amendment of section 54 in section 5 of the principal act, in sub-section (1), in clause (a), for the word"manufacture,", the words "manufacture, obtain, procure," shall be substitutedamendment of section 65 in section 6 of the principal act, 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 inserted20amendment of section 86 in section 8 of the principal act, in sub-section (1), for the word "firearm", the words "firearm or ammunition" shall be substitutedamendment of section 137 in section 13 of the principal act, in sub-section (3), in clause (a), in sub-clause (ii), for the words and figures "point 22 bore rifle or an air rifle", the word "firearm" shall be substituted258 in section 15 of the principle act, in sub-section (1),—amendment 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:—30"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"9 in section 25 of the principal act,—amendment of section 25(i) in sub-section (1),—35(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;40(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;(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:—5"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:—10"(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;15(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;20(vi) after sub-section (5), the following sub-sections shall be inserted, namely:—25'(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,—30(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; or35(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 fineexplanation—for the purposes of sub-sections (6) and (7),—40(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;(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 crime5(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 fine10explanation—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 ammunition15(9) whoever uses firearm in a rash or negligent manner 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'20amendment of section 2710 in section 27 of the principal act, in sub-section (3), for the words "shall be punishable with death", the words "shall be punishable with imprisonment for life, or death and shall also be liable to fine" shall be substituted11 in section 44 of the principal act, in sub-section (2), in clause (f), —amendment of section 4425(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:—30'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;' statement of objects and reasonsthe arms act, 1959 was enacted to consolidate and amend the law relating to arms and ammunition the arms act, 1959 and rules made thereunder regulate the acquisition, possession, use, manufacture, transfer, sale, transport, export and import of arms and ammunition and punishment for contravention of the provisions of the act, in order to curb illegal weapons and violence stemming from them2 the law enforcement agencies indicate growing nexus between possession of illegal firearms and commission of criminal offences   with the advancement in technology, the fire power and sophistication of  illegal firearms have increased significance over the years  the trans-border dimensions of illegal arms trafficking are causing threat to internal security and to prevent the usage of illicit firearms so trafficked has also become a prime concern   to effectively curb crimes related to or committed by using illegal firearms and to provide effective deterrence against violation of law, there is an urgent need to strengthen the existing legislative framework by making appropriate amendments in the arms act, 1959 simultaneously, there is also a requirement for rationalising and facilitating the licensing procedures for use of firearms by individuals and sports persons3 in order to implement the above measures effectively,it is proposed to amend the arms act, 1959  accordingly, a bill, namely, the arms (amendment) bill, 2019, has been, inter-alia, proposed,—(i) to define new offences and prescribing punishment for them, such as for taking away firearms from police or armed forces,involvement in organised crime syndicate, illicit trafficking including smuggled firearms of foreign make or prohibited arms and prohibited ammunition, use of firearms in rash and negligent manner in celebratory gunfire endangering human life, etc;(ii)  to enhance the punishment for existing offences like illegal manufacture, sale, transfer, etc;illegal acquiring, possessing or carrying prohibited arms or prohibited ammunition; and illegal manufacture, sale, transfer, conversion, import, export, etc, of  firearms; and(iii) to enhance the period of arms licence from three years to five years and also to issue arms licence in its electronic form4 the bill seeks to achieve the above objectivesnew delhi;amit shahthe  27th november, 2019 annexure extracts from the arms act, 1959 (54 of 1959)     chapter ii acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition3 (1)    (2) notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms:licence for acquisition and possession of firearms and ammunition25 of 1983provided that a person who has in his possession more firearms than three at the commencement of the arms (amendment) act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms 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    5 (1) no person shall—(a) use, manufacture, sell, transfer, convert, repair, test or prove, or    licence for manufacture, sale, etc, of arms and ammunition6 no person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm unless he holds in this behalf a licence issued in accordance with the provisions of this act and the rules made thereunderexplanation—in this section, the expression "imitation firearm" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or notlicence for the shortening of guns or conversion of imitation firearms into firearms    8 (1) no person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm    prohibition of sale or transfer of firearms not bearing identification marks chapter iii provisions relating to licences13 (1)     grant of licences(3) the licensing authority shall grant—(a) a licence under section 3 where the licence is required—    (ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the central government;|     |     |     |     |    ||------|------|------|------|-----|15 (1) a licence under section 3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted:duration and renewal of licenceprovided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period|     |     |     |     |    ||------|------|------|------|-----| chapter v offences and penalties25 (1) whoever—punishment for certain offences(a) manufactures, sells, transfers, converts, repairs, tests or proves, or exposesor offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of section 5; or(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or|     |     |     |     |    ||------|------|------|------|-----|shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine(1a) whoever acquires, has in his possession or carries any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than five years, but which may extend to ten years and shall also be liable to fine(1aa) whoever manufactures, sells, transfers, converts, repairs, tests or proves, or exposes or offers for sale or transfer or has in his possession for sale, transfer, conversion, repair, test or proof, any prohibited arms or prohibited ammunition in contravention of section 7 shall be punishable with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life and shall also be liable to fine|     |     |     |     |    ||------|------|------|------|-----|(1b) whoever—|     |     |     |     |    ||------|------|------|------|-----|shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and shall also be liable to fine: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 one year    27 (1)    punishment for using arms, etc(3) whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable with death    44 (1)    power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—    (f) the manner in which the maker's name, the manufacturer's number or other identification mark of a firearm shall be stamped or otherwise shown thereon;     ———— a billfurther to amend the arms  act, 1959————(shri amit shah, minister of home affairs)mgipmrnd—3839ls(s3)—28-11-2019