Section 8 of THE ARMS ACT, 1959
Prohibition of sale or transfer of firearms not bearing
identification marks.-(1) No person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a firearm.
- (2)No person shall sell or transfer any firearm which does not bear the name of the maker, manufacturer's number or other
identification mark stamped or otherwise shown thereon in a manner
approved by the Central Government.
- (3)Whenever any person has in his possession any firearm without
| such name, | number or other identification mark or on which such name, | |||
|---|---|---|---|---|
| number or | other identification | mark has | been obliterated, | removed, |
altered or forged, it shall be presumed unless the contrary is proved,
that he has obliterated, removed, altered or forged that name, number
or other identification mark:
Provided that in relation to a person who has in his possession
at the commencement of this Act any firearm without such name, number
| or other | identification mark | stamped or otherwise shown thereon, the |
|---|---|---|
| provisions of | this sub-section | shall not take effect until after the |
expiration of one year from such commencement.
9.
Prohibition of acquisition or possession by, or of sale or transferto, young persons and certain other persons of firearms, etc.
Summary
- No person is allowed to erase, remove, change, or forge any name, number, or identification mark on a firearm or ammunition.
- No person is allowed to sell or transfer any firearm that does not have the maker's name, manufacturer's number, or other approved identification mark.
- If someone is caught possessing a firearm with erased or altered marks, the law presumes they did the erasing or altering themselves.
- A person has one year from the start of the Act to possess a markless firearm before this presumption of guilt applies.
Practical examples
FAQ
1. Is there any exception for old firearms that never had identification marks when this law started?
Yes, if you possessed a firearm without identification marks at the time this Act commenced, the legal presumption of guilt for possessing a markless firearm did not apply to you until one year after the Act started.
Test yourself
Q1.Under Section 8 of The Arms Act, 1959, if you are found possessing a firearm with an altered identification mark, what does the law presume?
Q2.Under Section 8 of The Arms Act, 1959, what details must a firearm bear before it can be legally sold or transferred?
Q3.Under Section 8 of The Arms Act, 1959, how long was a person allowed to keep a markless firearm after the Act started before the presumption of alteration applied?
Q4.Under Section 8 of The Arms Act, 1959, which of the following actions is prohibited regarding the identification mark shown on a firearm or ammunition?