If you’re searching for what the Arms Act, 1878 is all about and how it applies in Pakistan today, you’ve come to the right place. As an experienced criminal lawyer in Pakistan, I’ve dealt with dozens of cases involving illegal arms possession, misuse of licensed weapons, and wrongful arrests under this act.
In this blog, we’ll break down the Arms Act 1878 in plain English so whether you’re a student, law enthusiast, or someone facing legal issues involving firearms, you’ll leave with a clear understanding of your rights and the law.
The Arms Act, 1878 is a colonial era law originally enacted by the British in India to control and regulate the possession and use of arms. Its primary aim was to prevent uprisings by disarming the native population while giving selective access to loyal subjects.
After partition, the law remained in force in both India and Pakistan, although Pakistan has amended it several times to reflect modern realities.
The Act regulates the possession, manufacture, sale, and transport of arms and ammunition. Here are some of its important provisions.
Possession of firearms without a valid license is a punishable offence. Licenses are issued by the government and are subject to strict vetting.
The law defines “arms” broadly it includes firearms, ammunition, explosives, and even parts used to assemble a gun.
Under the Act, anyone found in possession of arms without a valid license can face imprisonment of up to 7 years, along with a fine.
Police and magistrates are empowered to search premises, seize illegal weapons, and arrest without a warrant under this Act.
While the Act dates back to 1878, its impact is very real and active in modern day Pakistan.
Whether you’re a security firm, an individual keeping a weapon for self-defense, or a collector you must comply with both federal and provincial arms laws.
If you’re found with an unregistered weapon or even an expired license, you can be arrested on the spot and face criminal charges.
Here are real world situations where the Arms Act may apply.
Many clients come to us after being arrested during police raids where a weapon was found without proper documentation.
Even licensed gun owners can fall foul of the law if they don’t renew their license in time.
Using a licensed gun for unlawful purposes like threats or assault can also result in penalties under this Act.
Here are some legal defenses that can be used.
Lack of intent: If you didn’t know about the presence of the weapon.
No men rea: The firearm was found in your house, but you weren’t in control of it.
Expired license: If the renewal process was underway.
Improper search: If police did not follow due process during search and seizure.
A qualified criminal lawyer can help you challenge the case and even get you bail under Section 3 or 13 of the Arms Act.
While the Arms Act, 1878 still applies in some contexts, much of the regulation has now shifted to the Pakistan Arms Ordinance, 1965. This newer law includes more updated classifications of weapons and enhanced penalties.
However, courts still refer to the 1878 Act for historical interpretation and in some provincial areas where it is still cited.
At MAH&CO., we specialize in criminal defense, particularly cases involving illegal weapon possession, arms licensing, and bail applications under arms laws.
Whether you’re:
Facing arrest under the Arms Act 1878
Need urgent bail
Want to apply for a gun license legally
Or simply want to understand your legal rights
We’re here to guide you, defend you, and protect your freedom.
Need urgent help? Contact MAH&CO. your trusted criminal law experts in Karachi, Lahore, and Islamabad.
The Arms Act, 1878 may be over a century old, but its implications are very real in today’s Pakistan. Whether you’re an arms license holder or someone accused of illegal possession, it’s crucial to understand your rights and the law.
If you or a loved one is facing charges under the Arms Act, don’t face it alone. Contact a professional criminal lawyer who understands both the letter of the law and the ground realities of how these cases unfold in Pakistan’s courts.