USA's Gun Terror | Gist of Rajya Sabha TV / RSTV (now Sansad TV) - UPSC PDF Download

Context

• Mass shooting by lone gunmen has been experienced in the United States with a high frequency, putting the lives of civilians under threat.

Overview

• A horrendous incident took place at an elementary school in Texas where a lone gunman killed and injured children using assault rifles.
• This is the second such incident in under two weeks in the US.
• There have been a large number of mass shooting incidents reported in the USA. 
• According to a non-profit organisation called Gun Violence Archive, there have been at least 212 mass shootings in 144 days. 
• As a responsive move, the Biden administration had unveiled a new rule to control the ghost guns and ban the manufacturing of untraceable firearms. 
• The decision to overhaul gun laws was opposed at the federal level with very few areas of bipartisan agreement.
• Questions have been raised about the extent to which such terrible incidents of mass shootings can be averted by just changing the gun law. 
• It conveys a message to countries like India to assess the existing gun laws as the maintenance of law and order becomes challenging at times.

Firearms Law in India

• The Indian Arms Act 1959 is the governing firearms law in India which prescribes the relevant guidelines for possessing guns. 
• The law aims at preventing the illegal possession of firearms and its aftermath. 
• The Indian Government has a monopoly on the sale, manufacturing, import, and export of firearms and ammunition. 
• The Indian Ordnance Factory manufactures and sells arms and ammunition in India. 
•  The Indian Ordnance Factory is controlled by the Ministry of Defence across the country

The Background

• The Great Revolt of 1857 propagated a message of fear among the British that their rule in India might come to an end. 
• As the patriotic sentiments were at their peak against the British colonial rule, there were armed rebels who kept unauthorised arms and weapons with them.
• This resulted in the enforcement of the Arms Act of 1878 according to which no Indians were allowed to possess guns or any weapons unless the Crown was convinced.
• The Arms Act of 1878 came to an end after 12 years of independence in 1959. 
• A new law offering the guidelines for arms possession in the country took its advent in the form of the Indian Arms Act of 1959. 
• In addition to the Arms Act, there are Arms Rules 1962. 
• Under the Arms Rules, the manufacturing, selling, possessing, acquisition, import-export, as well as transport of firearms and ammunition without a valid license, is completely banned.

The Firearm Law at Present

• The Indian Arms Act and the Arms Rules have provided stringent characteristics to the firearms law in India making the process to obtain a license extremely difficult. 
• The Arms Act classifies the firearms into two categories:
  • Prohibited Bore and
  • Non-prohibited Bore

What is a bore?

• The bullet's diameter or thickness is known as the "bore."
• The bullet exits a barrel through the hole in the centre of the barrel.
• Weapons like pistols in a variety of calibres are considered non-prohibited bores.
• Chapters II and III of the Arms Act of 1959 discuss the proper procedure for applying for Non-Prohibited Bore weapons.
• Only members of the armed forces and heirlooms from the family were permitted to own prohibited bore category weapons before to the 2008 Mumbai Attacks.
• Weapons in the Prohibited Bore category include semi-automatic and fully automatic pistols (9mm), handguns, and rifles of calibre 0.303.
• The Indian government altered the laws governing gun ownership.
• As a result, citizens who are apprehended by a serious and impending threat to their lives, those who live in terrorist-prone areas, government officials who have unwittingly become targets in the eyes of terrorists, MLAs, MPs, citizens involved in anti-terrorist programmes, or members of their families are all permitted to possess firearms.
• Airgun licences are now required under the 2016 amendment to the Arms Act.

Conditions to apply for a firearm

• The individual must be a minimum of 21 years of age. 
• An application form for the same has to be filled by the individual where the form requires details of the criminal behaviour of the individual. 
• The licensed guns can only be used for three purposes such as sports, crop protection and self-defence. 
• The proof of an urgency to obtain weapons must be produced in front of the licensing authority. 
• Other details of the applicant entail the following:
  • Proof of identity
  • Proof of address
  • Proof of age
  • Proof of education
  • 4 passport size photographs
  • Income tax returns for the last 3 years
• Character certificate of the applicant post verification from notable locality members, physical and mental health certificates. 
• In case the applicant intends to collect the weapon from a factory, proper documentation is required along with a compulsory No Objection Certificate from the factory owner and the police. The factory must have a transportation license to transfer the weapon.

Walking ahead

• Despite the fact that India has strict laws to prevent unauthorised possession of guns which leads to violence, there are cases of mass shootings in different parts of the country with the availability of arms from illegal sources. The authorities with the jurisdiction of law and order must operate effectively with interventions to protect internal and national security. 
• The smuggling of guns across the country, especially through the notorious borders of India, must be identified and prohibited. 
• Experts pointed out that there is a considerable lack of systemic checks on the individuals who purchase the guns and as a result, it leads to mass killings. This is relevant to the United States. 
• The Ministry of Home Affairs, Government of India, has decided to maintain a National Database of Arms Licenses to have an official record of all the owners of arms licenses including old and new ones. These owners will be tracked by a Unique Identification Number. This can be a welcoming move to avert the violent ramifications of mass shooting incidents provided such interventions are done in a timely and effective manner.  
• There is a social dimension added as a reason behind such horrendous acts that emphasise the mental health of the lone gunmen. This could be a clarion call for the government of the US and other countries to promote mental health for the well-being of their citizens. 
• Therefore, it has been recommended that the US government must provide guns with a need-based approach for the individuals in dire need.