Firearms regulation and rights

THE ARMS ACT, 1878   The Arms Act of 1878 is a significant piece of legislation in Pakistan that governs the possession, sale, and use of firearms and other related weapons. This act aims to regulate the firearms industry, ensure public safety, and prevent the misuse of firearms. It establishes legal provisions for the licensing, acquisition, and possession of arms by individuals, institutions, and businesses, contributing to the responsible management of firearms in the country. __________ PREAMBLE I.-PRELIMINARY SECTIONS: Short title. Local extent. Savings. Commencement. [Repealed.] Interpretation-clause. II.-MANUFACTURE, CONVERSION AND SALE Unlicensed manufacture or conversion prohibited. III.-IMPORT, EXPORT AND TRANSPORT Unlicensed importation and exportation prohibited. Importation and exportation of arms and ammunition for private use. Sanction of Federal Government required to warehousing of arms, etc. [Repealed.] [Repealed.] Updated till 06.12.2022 Page 2 of 10 [Omitted.] Power to establish searching stations. [Omitted.] IV.-GOING ARMED AND POSSESSING ARMS, ETC. [Omitted.] [Omitted.] [Omitted.] [Omitted.] V.-LICENSES Power to make rules as to licenses. Cancelling and suspension of license VI.-PENALTIES For breach of sections 5, 6, 10, 13 to 17. For secret breaches of sections 5 and 6. For concealing arms, etc. For breach of license. [Omitted.] Penalty for breach of rule. Power to confiscate. VII.-MISCELLANEOUS [Omitted.] [Omitted.] Power to exempt. Information to be given regarding offences. [Omitted.] Page 3 of 10 [Omitted.] Operation of other laws not barred. [Omitted.] Notice and limitation of proceedings. THE FIRST SCHEDULE. – [Repealed.] THE SECOND SCHEDULE. – [Repealed.] Page 4 of 10 THE ARMS ACT, 1878 1ACT No. XI OF 1878 [15th March, 1878] An Act to consolidate and amend the law relating to Arms, Ammunition and Military Stores. Preamble. WHEREAS it is expedient to consolidate and amend the law relating to arms, ammunition and military stores; It is hereby enacted as follows:__ I.-PRELIMINARY Short title Local extent. __This Act may be called the 2 * Arms Act, 1878; and it extends to 3 [the whole of Pakistan]. Savings. But nothing herein contained shall apply to− (a) arms, ammunition or military stores on board any seagoing vessel and forming part of her ordinary armament or equipment, or (b) the manufacture, conversion, 4 [import or export] of arms, ammunition or military stores by order of 5 [the 6 [Federal Government] or any Provincial Government], or by a public servant or 7 [a member of the forces constituted by the Pakistan Territorial Force Act, 1950 (L of 1950)] in the course of his duty as such public servant or 8 [member]. 1For the Statement of Objects and Reasons, see Gazette of India, 1877, Pt. V, p. 650; for discussions in Council, see ibid., 1877, Supplement, pp. 3016 and 3030; ibid., 1878, Supplement, pp. 435 and 453. The functions of the Central Government under certain provisions of this Act, subject to certain conditions, were entrusted to- (a) Provincial Governments with their consent, for a period of three years (with effect from the 1st April, 1951), see Gaz. of P., 1951, Pt. I, 181; and (b) The Chief Commissioner of Karachi, for the period 28th April, 1952 to 31st March, 1957, see Gaz. of P., 1954, Pt. I, p.136. The Act has been applied to___ (i) Balochistan by Regulation III of 1940 with certain restrictions and modifications. (ii) Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., subject to certain modifications; see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. (iii) Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from 1st June, 1951; see N.W.F.P. Gazette, Ext., dated 1st June, 1951; and (iv) The Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950, (G.G.O. 3 of 1950); and applied in the Federated Areas of Balochistan ; see Gazette of India, 1937, Pt. I, p. 1499. It has been extended to the Balochistan States Union by the Balochistan States Union (Federal Laws) (Extension) Order, 1953 (G.G.O. 4 of 1953), as amended. The Act has been and shall be deemed to has been brought into force in Gwadur with effect from the 8th September, 1958, by the Gwadur (Application of Central Laws) Ordinance, 1960 (37 of 1960), s. 2. A license granted under the Explosives Act, 1884 (4 of 1884), for the manufacture, possession, sale, transport or importation of an explosive may be given the effect of a like license granted under the Arms Act. 1878 (11 of 1878), see Act 4 of 1884, s. 15. As to further law relating to unlawful manufacture and possession of explosive substances, see the Explosive Substances Act, 1908 (6 of 1908), ss. 4 (b) and 5. This Act bas been repealed in its application to the Province of West Pakistan except certain provisions by West Pakistan Ordinance 20 of 1965, s. 29 (with effect from the 8th June, 1965). The Act has been amended in the N..W.F.P. by the Indian Arms (N.W.F.P. Amdt.) Act, 1934 (N.W.F.P. 1 of 1934) and Sind Act 10 of 1953, s.12. 2The word “Indian” omitted by A. O., 1949, Sch. 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), for “all the Provinces and the Capital of the Federation” which had been subs. by A. O., 1949, Arts. 3(2) and 4, for “the whole of British India”. 4Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and IInd Sch., for” sale, import, export, transport, bearing or possession”. 5Subs. by A.O., 1949, Sch., for “any Govt. in British India”, which had been subs. by A. O., 1937, for “the Govt.”. 6Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 7Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and III Sch., for “a member of either of the forces constituted” by the Indian Territorial Force Act, 1920 or the Auxiliary Force Act,