Guns Licensed For Self Protection Cannot Be Used For Celebratory Firing: Difference between revisions
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= Introduction = | = Introduction = | ||
Under specific legal jurisdiction, the use of licensed guns for self – protection is valid, to ensure safety of the individuals. In Indian context, it is allowed under various sections of Indian penal code, the Arms act of 1958 and the Arms rules of 2016. However, these right comes up with draconian responsibilities. Further, the use of firearm during celebration like marriage, new year eve, etc is strictly prohibited due to its societal implication. Celebratory firing means, the shooting of a firearm into the air during the celebrations [1] .This has resulted in death and severe injury to life and property. In India, the incident of ariel gunfire is very common in North. This paper explores the legal, social and the ethical implications of using the guns licensed for self-protection for celebratory purposes. | Under specific legal jurisdiction, the use of licensed guns for self – protection is valid, to ensure safety of the individuals. In Indian context, it is allowed under various sections of Indian penal code, the Arms act of 1958 and the Arms rules of 2016. However, these right comes up with draconian responsibilities. Further, the use of firearm during celebration like marriage, new year eve, etc is strictly prohibited due to its societal implication. Celebratory firing means, the shooting of a firearm into the air during the celebrations <ref>http://en.wikipedia.org/wiki/Celebratory gunfire [1]</ref>.This has resulted in death and severe injury to life and property. In India, the incident of ariel gunfire is very common in North. This paper explores the legal, social and the ethical implications of using the guns licensed for self-protection for celebratory purposes. | ||
= Legal framework = | = Legal framework = | ||
In the Indian context, according to the section '''96, 97, 100, 103, '''etc of the Indian penal code which states that any act done in response to the self-protection are not considered as offences, it also provides for the certain situation where we also have the right to kill the person for the self-defence [2] . Thus, the use of guns is valid, but the use of guns licensed for self-protection is strictly prohibited for celebratory firing due to risks associated with public safety. Here are some of the legislative frameworks that prevent the arbitrary use of the firearms: | In the Indian context, according to the section '''96, 97, 100, 103, '''etc of the Indian penal code which states that any act done in response to the self-protection are not considered as offences, it also provides for the certain situation where we also have the right to kill the person for the self-defence <ref>https://www.leadindia.law/blog/en/ipc-section-100/ [2]</ref>. Thus, the use of guns is valid, but the use of guns licensed for self-protection is strictly prohibited for celebratory firing due to risks associated with public safety. Here are some of the legislative frameworks that prevent the arbitrary use of the firearms: | ||
== The Arms Act, 1956 == | == The Arms Act, 1956 == | ||
This act governs the use of the firearms in India. '''Section 3''' of the act states that the individual must obtain a license specifying the permissible use of the firearms, primarily for the self-protection'''. Section 5 and 9 '''of the act states about the unauthorized use of firearms, including celebratory firing which is strictly prohibited. Further''' section 25 and 27''' of the act deals with punishment of the illegal possession of the firearms [3]. | This act governs the use of the firearms in India. '''Section 3''' of the act states that the individual must obtain a license specifying the permissible use of the firearms, primarily for the self-protection'''. Section 5 and 9 '''of the act states about the unauthorized use of firearms, including celebratory firing which is strictly prohibited. Further''' section 25 and 27''' of the act deals with punishment of the illegal possession of the firearms <ref>https://www.indiacode.nic.in/bitstream/123456789/1398/1/A1959_54.pdf [3]</ref>. | ||
== Arms Rules, 2016 == | == Arms Rules, 2016 == | ||
It provides the detailed regulation regarding the issuance, renewal and the use of firearm licensed under the Arms Act of 1959. '''Rule 10 and 20 '''states about safe use and secure storage of the firearm to prevent unauthorised access and that it should only be used for the purpose for which it is granted that is the self- protecting, explicitly banning celebratory firing, respectively.''' Rule 32''' deals with restriction on carrying of firearms to public places, and in such situations the weapons should be completely covered, and he should be able to exercise effective control over the firearms. Further discharge of firearm at public places is strictly prohibited, and it result in the seizure of the weapons and imposition of the penalties [4] . | It provides the detailed regulation regarding the issuance, renewal and the use of firearm licensed under the Arms Act of 1959. '''Rule 10 and 20 '''states about safe use and secure storage of the firearm to prevent unauthorised access and that it should only be used for the purpose for which it is granted that is the self- protecting, explicitly banning celebratory firing, respectively.''' Rule 32''' deals with restriction on carrying of firearms to public places, and in such situations the weapons should be completely covered, and he should be able to exercise effective control over the firearms. Further discharge of firearm at public places is strictly prohibited, and it result in the seizure of the weapons and imposition of the penalties<ref>https://indiankanoon.org/doc/121999084/ [4]</ref> . | ||
== The Arms Amendment Act, 2019 == | == The Arms Amendment Act, 2019 == | ||
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== Legal consequences of the celebratory firing == | == Legal consequences of the celebratory firing == | ||
Engaging in the celebratory firing with licensed firearm for self-protection led to immediate revocation or suspension of the firearm license under the '''section 17''' of the Arms act. Further unauthorised use may result in criminal prosecution, including imprisonment and fines. If it results in injury or death of any person, then the charges would be more severe, including culpable homicide under '''section 25''' of the Arms act [5] .They may also face charges under the local safety laws, which can further lead to legal action and charges. | Engaging in the celebratory firing with licensed firearm for self-protection led to immediate revocation or suspension of the firearm license under the '''section 17''' of the Arms act. Further unauthorised use may result in criminal prosecution, including imprisonment and fines. If it results in injury or death of any person, then the charges would be more severe, including culpable homicide under '''section 25''' of the Arms act<ref>https://www.indiacode.nic.in/bitstream/123456789/1398/1/A1959_54.pdf [5]</ref> .They may also face charges under the local safety laws, which can further lead to legal action and charges. | ||
= Ethical and Social consequences = | = Ethical and Social consequences = | ||
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= Concern for public safety = | = Concern for public safety = | ||
The celebratory firing is prohibited mainly due to the public safety concern. Bullet fired in the air during the celebration, can pose significant risk of death or injury to the person or the property during it descend. There have been numerous incidents where the celebratory firing has led to the misfortune. Here as some of them: the father of the groom was killed was shot dead during the celebratory firing during procession at Jagoti village in Ujjain district of the Madhya Pradesh on November 13, 2019 [6] . This are few of the instance were the celebratory firing has led to misery. In all these cases the authority has either revoked the license, and has charged for the criminal prosecution or penalties, or has launched multiple awareness campaign to educate the public about the dangers and legal consequences of the celebratory firing. | The celebratory firing is prohibited mainly due to the public safety concern. Bullet fired in the air during the celebration, can pose significant risk of death or injury to the person or the property during it descend. There have been numerous incidents where the celebratory firing has led to the misfortune. Here as some of them: the father of the groom was killed was shot dead during the celebratory firing during procession at Jagoti village in Ujjain district of the Madhya Pradesh on November 13, 2019<ref>https://timesofindia.indiatimes.com/city/indore/father-of-groom-shot-dead-in-pre-wedding-celebratory-firing/articleshow/72046136.cms<ref/>. [6]</ref> . This are few of the instance were the celebratory firing has led to misery. In all these cases the authority has either revoked the license, and has charged for the criminal prosecution or penalties, or has launched multiple awareness campaign to educate the public about the dangers and legal consequences of the celebratory firing. | ||
= Conclusion = | = Conclusion = | ||
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Revision as of 13:45, 15 June 2024
Introduction
Under specific legal jurisdiction, the use of licensed guns for self – protection is valid, to ensure safety of the individuals. In Indian context, it is allowed under various sections of Indian penal code, the Arms act of 1958 and the Arms rules of 2016. However, these right comes up with draconian responsibilities. Further, the use of firearm during celebration like marriage, new year eve, etc is strictly prohibited due to its societal implication. Celebratory firing means, the shooting of a firearm into the air during the celebrations [1].This has resulted in death and severe injury to life and property. In India, the incident of ariel gunfire is very common in North. This paper explores the legal, social and the ethical implications of using the guns licensed for self-protection for celebratory purposes.
Legal framework
In the Indian context, according to the section 96, 97, 100, 103, etc of the Indian penal code which states that any act done in response to the self-protection are not considered as offences, it also provides for the certain situation where we also have the right to kill the person for the self-defence [2]. Thus, the use of guns is valid, but the use of guns licensed for self-protection is strictly prohibited for celebratory firing due to risks associated with public safety. Here are some of the legislative frameworks that prevent the arbitrary use of the firearms:
The Arms Act, 1956
This act governs the use of the firearms in India. Section 3 of the act states that the individual must obtain a license specifying the permissible use of the firearms, primarily for the self-protection. Section 5 and 9 of the act states about the unauthorized use of firearms, including celebratory firing which is strictly prohibited. Further section 25 and 27 of the act deals with punishment of the illegal possession of the firearms [3].
Arms Rules, 2016
It provides the detailed regulation regarding the issuance, renewal and the use of firearm licensed under the Arms Act of 1959. Rule 10 and 20 states about safe use and secure storage of the firearm to prevent unauthorised access and that it should only be used for the purpose for which it is granted that is the self- protecting, explicitly banning celebratory firing, respectively. Rule 32 deals with restriction on carrying of firearms to public places, and in such situations the weapons should be completely covered, and he should be able to exercise effective control over the firearms. Further discharge of firearm at public places is strictly prohibited, and it result in the seizure of the weapons and imposition of the penalties[4] .
The Arms Amendment Act, 2019
It mentions about the celebratory gun firing, as it has stated that the person who uses the firearms for celebratory gunfire shall be punished with 2 years of imprisonment and a fine up to Rs. 1 lakh. It also stipulated life imprisonment for those who possessed weapons from unlawful trafficking. It also stated that it is duty of the government to educate the public through the awareness campaign and exercise strict control by the invigilation.
Legal consequences of the celebratory firing
Engaging in the celebratory firing with licensed firearm for self-protection led to immediate revocation or suspension of the firearm license under the section 17 of the Arms act. Further unauthorised use may result in criminal prosecution, including imprisonment and fines. If it results in injury or death of any person, then the charges would be more severe, including culpable homicide under section 25 of the Arms act[5] .They may also face charges under the local safety laws, which can further lead to legal action and charges.
Ethical and Social consequences
The owner of the firearm has the responsibility to use their weapons safely and legally. Misusing then by using it during the celebration may not only endanger the lives of the people but also undermines the public trust in responsible ownership of the firearms. The celebratory firing has vast societal implication like it disrupt the peace, and cause a sense of insecurity, and fear within the individual. Therefore, it is crucial for undertaking steps like public education and awareness campaigns to educate them about the implications of the celebratory firing, this will help in reducing the misuse of the firearm and in turn reduce the threat to life and property of the individuals. Some of the measures that can be taken to prevent celebratory firing are as follows: Policy upgradation strengthening the existing law by including harsher punishment or penalties for celebratory firing, which in turn forbid then in engaging in the dangerous practices. Further public awareness campaign helps in educating them about the risks and the consequences of the celebratory firing.
Concern for public safety
The celebratory firing is prohibited mainly due to the public safety concern. Bullet fired in the air during the celebration, can pose significant risk of death or injury to the person or the property during it descend. There have been numerous incidents where the celebratory firing has led to the misfortune. Here as some of them: the father of the groom was killed was shot dead during the celebratory firing during procession at Jagoti village in Ujjain district of the Madhya Pradesh on November 13, 2019Cite error: Closing </ref> missing for <ref> tag . This are few of the instance were the celebratory firing has led to misery. In all these cases the authority has either revoked the license, and has charged for the criminal prosecution or penalties, or has launched multiple awareness campaign to educate the public about the dangers and legal consequences of the celebratory firing.
Conclusion
The misuse of firearms, licensed for self-protection, for celebratory purposes poses a serious problem with significant legal, ethical, and social implications. Ensuring strict adherence to firearm regulations and promoting public awareness are essential steps in mitigating the risks associated with celebratory firing. Through collaborative efforts by lawmakers, law enforcement, and community organizations, it is possible to reduce the incidence of this dangerous practice and enhance public safety. Celebratory firing not only endangers the lives but also undermines the principles of responsible gun ownership. By acknowledging these dangers and committing to uphold legal and ethical standards, firearm owners can contribute to create safer communities and uphold the integrity of self-protection rights.
Citation
- ↑ http://en.wikipedia.org/wiki/Celebratory gunfire [1]
- ↑ https://www.leadindia.law/blog/en/ipc-section-100/ [2]
- ↑ https://www.indiacode.nic.in/bitstream/123456789/1398/1/A1959_54.pdf [3]
- ↑ https://indiankanoon.org/doc/121999084/ [4]
- ↑ https://www.indiacode.nic.in/bitstream/123456789/1398/1/A1959_54.pdf [5]