Sugath Kulatunga

Hon Minister,

This note is to bring to your notice an illegal circular issued by a former Secretary Defense restricting the issue of gun licenses to persons over 60 years of age. This is one of the reasons of the increase of crop loss due to animal damage which is estimated as 40 percent of the crop.

The present problem of inordinate increase in animal pests and serious damage to agricultural crops and danger of animal attack did not exist before the shotguns were withdrawn from farmers and property owners on an irrational action taken to restrict the issue of gun licenses on a circular issued to the Police by the Secretary of Defense. It is clear from the circular that the intention was to prevent guns being owned by terrorists. There is no terrorism today. Another reason may be to prevent the use of shot guns by criminals in serious crimes. It is well known that today the weapons used in crime are not shotguns but

T56 guns and 9mm pistols.

One does not understand why persons over 60 years were deprived from getting gun licence. Most of the older generation farmers would be over 60 years but quite capable of handling a shotgun. If a person can handle a mammootty he should be able to handle a shotgun. Use of a gun is not like driving a vehicle where physical fitness counts.

Shot guns were issued for protecting farms and property and for self-defense which is very important now. Penal code Sections 89 and

90 provide for the right of defense of body and property. One cannot expect an elderly person to exercise that right without the ownership of a weapon which is more a deterrent.

The present problem of animal damage accelerated after the introduction of that infamous circular which does not seem to be issued under any law. If it is a legal document, it should have been gazetted. According to the Ordinance licensing authority is the Government Agent. Also under this Ordinance (section 25.5 No rule made by the Minister under this section shall have effect until it is approved by Parliament, and notification of such approval is published in the Gazette.

In terms of Section 36.1. The Minister, whenever it appears necessary for the security of the public peace in any district that licences to possess and use guns should be cancelled or suspended, may, by Order published in the Gazette, cancel or suspend for a period. The circular issued to the Police on approving gun licenses by the Secretary Defense is legally invalid and can be questioned in a court of law.

In this context the gun control circular should be withdrawn, and we go back to the status quo ante and let the farmers tackle the problem as they did in the past. These monkeys are very intelligent animals and the very sight of a gun in the hands of a farmer will keep them away. This will also obviate the controversial issue of exporting monkeys.

It is suggested that the gun licenses issued for personal security are charged at least Rs 1000 which will bring an additional revenue to the government. It would be useful to examine the current process in a farmer renewing the annual license. It is estimated that a farmer has to spend at least a minimum of 6 days to go through the police station, the office of the ASP, and the Kachcheri, to obtain the license which cost him only Rs 250 but at a loss of 6 days of work of which the opportunity cost may be a minimum of Rs 6000.

In this context, I on behalf of over 60 years old gun owners of shotguns appeal to you to revoke that circular and direct the Police to release the guns surrendered to the police by them.

Yours truly,

Sugath Kulatunga