Gun law in Pakistan

Gun laws in Pakistan allow for the wide ownership of firearms. Only tribal areas of the province of Khyber Pakhtunkhwa permits the ownership of heavy weaponry including the use of rocket-propelled grenades, short, medium, and long-range rockets, anti-aircraft guns, mortars, etc. These heavy weapons may be made in Pakistan.

A Pakistani built MG-3.

The people of the provinces of Punjab and Sindh view the bearing and use of arms as a constitutional right whereas the people of Khyber Pakhtunkhwa and Baluchistan view it as part of their culture. Pakistan is also known for its indigenous gunsmith tradition. A notable centre of gun manufacturing is the town of Darra Adam Khel, near Peshawar, historically known for its Lee–Enfield .303 facsimiles and other Khyber Pass copies. However, the town now produces a broader range of ordnance including AK-47's, mini-Kalashnikovs, and hand-held firearms, including the "James Bond" pen gun.[1]

Other enduring customs and a strong culture of honor also promote the prevalence and importance of guns. In Khyber Pakhtunkhwa, where the Pashtun residents laud performances of strength and toughness, carrying an AK-47 or other gun is a sign of honour and respect. Aerial firing is fairly common on special occasions such as weddings and festivals, despite being illegal. As such, the broader Pakistani social necessity of portable and displayable wealth takes on an intimidating form among male members of provincial society.

History

Unlike gun politics in the United States which is frequently debated, there is little public debate in Pakistan on gun control.[2]

In no particular order, Pakistanis view weapons as important for one or more of these purposes:

Ownership

There are an estimated 20 million firearms in public ownership in Pakistan (both legal and illegal), of which 7 million are registered among the country's population of over 220 million.[6] According to the Small Arms Survey 2017, the rate of private gun ownership is 22.3 firearms per 100 people.[7] In a comparison of the number of privately owned guns in 230 countries, Pakistan ranks at No.24.[8][9] As of 2018, the homicide rate is 3.8 per 100,000 population, lower than the United States at 4.96 per 100,000 population.[10]

Main law dealing with firearm possession in Pakistan is Pakistan Arms Ordinance from 1965. It gives federal government power to establish rules for issuing firearm licenses via notification in the official Gazette.

Federal firearm licensing

Pakistani citizens and special category of foreigners can legally own firearms. A licence is required to purchase a firearm. Acquisition of the licence involves the payment of fees, a processing time ranging from a few days to months, and registration of the firearm with local authorities.

Two kinds of licences are currently issued: (1) Prohibited bore and (2) Non-Prohibited bore. They are issued by both the Federal government and Provincial governments. The federal government issues both Prohibited bore (which includes fully automatic weapons) and Non-Prohibited bore (which includes semi-automatic and other weapons) licences for all of Pakistan. Provincial government cannot issue Prohibited Bore licences and their licensing jurisdiction is restricted to their particular province. Federal prohibited bore permits for civilian fully automatic weapons are issued by the Ministry of the Interior and are valid throughout Pakistan.[3]

People who are prohibited from receiving any kind of firearm license include all convicted people (except those convicted for minor offenses or traffic violations), minors, insane people and people guilty of possessing more than one National Identity Card of Passport.[11]

People who apply for a firearm licenses must specify reason to own a weapon – sports, protection, display or other – with a simple declaration.[12]

Non-prohibited bore license

According to 2012 Army Policy published by Pakistani Ministry of Interior NPB weapons include shotguns, revolvers, pistols, rifles which do not fall into PB category and swords.[11] In 2013 Pakistan banned issuance of NBP licenses.[13] On 14 December 2018 government lifted ban on issuance of NBP licenses.[14] Currently there is a monthly quota on new arms licenses issued by federal government with 40 licenses allocated for Karachi and Lahore districts, 30 for Hyderabad, Sukkur, Multan, Faisalabad and Peshawar districts and 20 for other districts.[15]

Prohibited–bore license

According to 2012 Army Policy published by Pakistani Ministry of Interior PB weapons include revolvers and pistols with caliber over 0.46 inches, all fully and semi-automatic rifles, .303 and G-III rifles, Sten gun and carbines.[11]

In November 2017 interior ministry announced that automatic weapons were banned and all lawful owners had to turn them into semi-automatic or surrender to authorities until 15 January 2018.[16] However on 14 December 2018 government reversed the ban reinstating all Prohibited-bore licenses that were previously suspended. Issuance of new PB licenses has been limited to army generals and equivalent army officers.[17]

Only licensed gun owners may lawfully acquire, possess or transfer a firearm or ammunition. Applicants for a gun owner's license are not required to prove genuine reason to possess a firearm. Third party character references are not required. Where a past history, or likelihood of family violence exists, the law in Pakistan does not stipulate that a gun licence should be denied or revoked. An understanding of firearm safety and the law, tested in a theoretical and/or practical training course is not required for a firearm licence. Licensed firearm owners in Pakistan are permitted to possess any number of firearms as well as being permitted to possess any quantity of ammunition.[18][19]

Local regulations

Balochistan

From 2013 to 2015 government of Balochistan issued 4,000 firearm licenses. 85 percent of them were issued to member of armed forces and 15 percent to civilians.[20]

Khyber Pakhtunkhwa

According to Khyber Pakhtunkhwa arms rules from 2014 firearm license shall be granted to any citizen of Pakistan who is at least 21, possess national card, is not mentally insane, is not a criminal, is considered suitable by the local police in view of general conduct and fulfills any other conditions which may be announced by the government from time to time. The law specifies that government may establish a maximum number of licenses that may be issued in the state. Civilian possession of NBP firearm require filling form XVII. Applicant must specify reason to own a weapon – sports, protection, display or other – with a simple declaration.[21]

Punjab

In 2013 Punjabi government banned issuance of new firearm licenses. The ban was lifted on 4 August 2016.[22] Rules are similar to these in other states except minimum age is 25. Law states that getting a license is not a right and may be refused on any reasonable ground.[23]

Sindh

In September 2013 government of Sindh banned issuance of new licenses. In January 2019 Sindh High Court ordered government to establish policy on issuing new NBP and PB licenses. On 22 November 2019 the ban was lifted with new licenses being issued on the quota basis.[24]

Islamabad Capital Territory

On 3 May 2018 Islamabad lifted ban on issuance of arms licenses in place since 2013. Up to 100 licenses were permitted to be issued every month.[25]

Registration

In Pakistan, the law requires that a record of the acquisition, possession and transfer of each privately held firearm be retained in an official register.[26] Licensed firearm dealers are also required to keep a record of each firearm or ammunition purchase, sale or transfer on behalf of a regulating authority.[27] Licensed gun makers are required to keep a record of each firearm produced, for inspection by a regulating authority. State agencies are required to maintain records of the storage and movement of all firearms and ammunition under their control.[18][28][29]

Gun sales and transfers

In Pakistan, the private sale and transfer of firearms is permitted. Dealing with firearms by way of business without a valid gun dealer's licence is unlawful.[30] The minimum wait for a lawful firearm purchase to be completed is undetermined. Celebratory gunfire is illegal.

Storage and transport of firearms and ammunition

Firearm regulations in Pakistan do not include written specifications for the lawful safe storage of private firearms and ammunition by licensed gun owners. There are also no written specifications for the lawful safe storage of private firearms and ammunition, no inclusion of written specifications for the lawful safe storage of firearms and ammunition and no lawful safe storage of firearms and ammunition by state entities. However, there are written specifications for the lawful safe storage of firearms and ammunition while in transit.[31]

Marking and tracing firearms and ammunition

In Pakistan, a unique identifying mark on each firearm is required by law. State authorities carry out recognised arms tracing and tracking procedures but state authorities do not employ ballistic fingerprinting technology to trace guns and ammunition.[32]

Carrying firearms

Gun free zones

In Pakistan, private guns are prohibited in educational institutions, hostels or boarding and lodging houses, fairs, gatherings or processions of a political, religious, ceremonial or sectarian character, and on the premises of courts of law or public offices.[33]

Open carry

Open carry is considered to be a misdemeanor. A person may keep a firearm at their place of residence (including display on rooftops of private residences), in their vehicle and concealed carry. According to law, open carrying is prohibited without the approval of the Home Ministry, but still practiced in some rural areas. Open carry is practiced without restriction in some rural areas of Khyber-Pukhtunkhwa and Baluchistan.[34] Special permits are also required for carrying firearms during times when local authorities impose restrictions on public gatherings to preempt civil unrest or during protests that are expected to become violent. Target shooting facilities and shooting galleries exist for gun enthusiasts to practice.

In 2015 government of Punjab banned carrying unlicensed weapons and open carry of licensed weapons with minimum penalty of two years in prison.[35]

Misconceptions about gun carry age requirement

There have been some misconceptions in the recent years about the age requirement but the correct age to acquire a license is 21.

Penalty for illicit firearm possession

In Pakistan, the maximum penalty for illicit possession of firearms is 7 years prison.[36]

Evasion of law

Although owning or possessing a firearm requires licensing in most of Pakistan's provinces, journalist Naeem Sadiq states that most gun licenses are fake, mostly based on forged documents and through government connections and alliances of licenses holders. He also further states that gun licensing laws do not require any background checks or safety targeting or written tests. This also includes a lack of tests on mental health or drug usage by the applicant(s). He argues this to be a contrast to Pakistan's current war against militancy.[37] Sadiq also makes mention of private security guards who carry firearms in public, repeating the common concern of them harassing and intimidating ordinary citizens.[38] Another allegation he makes is that many of the rich elite in Pakistan manage to evade gun restrictions and are able to fabricate paper and digital licenses through connections in the government (i.e. friends and relatives). They are also allegedly able to avoid penalties on gun-related offenses, including murder because of the current diyat laws, allowing a wealthy person to pay compensation to a deceased victim's family.[39] Towards the end of the year 2017, Sadiq wrote an open letter to the government to retain its responsibility to protect citizens rather than allow the state to become ‘Republic of Private Security Agencies’.[40]

Collection, amnesty and destruction programmes

Authorities in Pakistan are known to have implemented voluntary firearm surrender schemes, and/or weapon seizure programmes in order to reduce the number of illicit firearms in circulation. In 2010 alone, more than 89,000 illegal firearms were voluntarily surrendered by Pakistani citizens for destruction. The total number of firearms destroyed following recent state amnesties, collection and seizure programmes is reported to be 641,107.[41] The Pakistani military routinely captures and destroy all weapons seized from the Taliban.

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