Introduction
The history of the use of guns in India started from the middle of the 1800s. The use of greased cartridges had a catalyst effect on the religious sentiments of the Hindu and Muslim soldiers, which led to “Sepoy Mutiny” in 1857. The British were afraid that any such kind of rebellion in future would end the British rule in India. However, the rebellion failed. They decided to restrict the illegal use of firearms by the Indian soldiers and introduced The Arms Act, 1875 which was passed under the tenure of Viceroy Lord Lytton. The Act ensured that no Indian will possess a weapon until the Crown is satisfied that he is a loyal subject of the Crown.
After 12 years of independence, a new Act was passed which was The Arms Act, 1959. For the acquisition, possession, manufacture, sale, export, import and transfer of firearms, any citizen now need a license. This Act at present is supported by the Arms Rules, 2016.
Chapter II and III of the Act explains about the acquisition, possession, manufacture, sale, import, export and transport of arms and ammunition of guns and provisions relating to licences, and Chapter III of Arms Rules, 2016 explains the licensing procedure.
Possession of Guns
Section 3 and 4 of the Arms Act, 1959 explains about the license for the possession and acquisition of firearms and ammunition and arms of specified description in certain cases.
According to Section 3 of the Act, no person can possess more than two firearms with them. Provided that, if they had more than two firearms before the commencement of the Arms (Amendment) Act, 2019, may retain any two firearms and deposit the remaining firearms with the officer-in-charge of the nearest police station or a licensed dealer or if he is the member of the armed force of the Union, then in a unit armoury, within one year of such commencement.
Section 4 of the Act explains that the Central Government can regulate the use of certain arms other than firearms in certain circumstances or area and only the person who holds the license issued per the provisions of this Act can possess or carry such arms.
Issuing of License
Chapter III of the Arms Rules, 2016 specifies the special categories of a license, or we can say specifies the reason for which the license can be issued:
- [Licence for destruction of wild animals which do injury to human beings or cattle and damage to crops (Section 35)
- Licence for training and target practice (Section 36)
- Licence for sport shooting association (Section 37)
- Licence for shooting ranges (Section 38)
- Licence for accredited trainers (Section 39)
- Quantity of ammunition to sports persons, shooting associations, etc. (Section 40)
- Licence to museums (Section 41)
- Licence for arms and ammunition for theatrical, film or television productions (Section 42)
- Acquisition, possession and export of arms or ammunition by tourists visiting India (Section 43)
- Licence to an International sports person for participation in shooting events in India (Section 44)
- Other temporary categories of import/export licences (Section 45)]
Other than these there some more reasons like:
- Self-defence: The procedure to get a gun license for self-defence is difficult and stringent. They are allowed only in special cases. So, to get a license to possess a gun for self-defence the person need to satisfy the licensing authority that there is a strong reason for applying for the license and before the application he/she has filed a First Information Report (FIR).
- Corp protection: In this the license is granted to the people working in security and guarding agencies, only to use for security purpose at work.
- Sports: The license is granted only to a full-time sports-person.
Procedure to be followed
The person applying for the license must be of minimum 21 years of age. The applicant has to fill an application and pay a prescribed fee. Certain documents are required to be attached with the application like:
1. [Four passport size recent photograph (with white background).
2. Date of birth proof
3. Identification proof:
- Aadhar card
- Passport or voter ID card or PAN card or ID card issued for employees with a declaration in the form of an affidavit, in case there is no Aadhar card.
- In case of exemptee sports persons, a shooters identification card issued by the National Rifle Association of India.
4. Residence proof
5. Safe use and storage of firearms undertaking.
6. Medical certificate for both mental and physical fitness.
7. Educational qualification, in case of professionals.]
[After the submission of the form the licensing authority calls for an enquiry report prepared by the officer-in-charge of the nearest police station. The report is supposed to be submitted within the prescribed time.] A strict background check-up takes place about the background of the person, the address is checked whether it is authentic or not, family and neighbours are interviewed about the behaviour and anger of that person. His mental and physical health is also checked.
The person undergoes a personal interview where he is supposed to state the purpose for which he has applied for the license and then the report is sent to the crime branch and National Crime Record Bureau for record-keeping.
[If the licensing authority is satisfied with the reason given by the applicant then the license for that reason is granted. They can refuse to grant the license if:
- The reason given by the applicant is prohibited by the Act or any law in force; or
- The applicant is of unsound mind; or
- To be of any reason unfit for granting a license under this Act; or
- Where the licensing authority deems it is necessary for the security of the public peace and public safety.]
Whatever may be the reason the licensing authority must record in writing the reason for refusal of granting the license.
Renewal of License
A license granted unless revoked earlier by the licensing authority in writing will continue in force for five years from the date on which it is granted. It can be granted for a shorter period also if the applicant desire or if the licensing authority considers, in any case, recording the reason in writing. The license should be renewed from time to time.
Variation, Suspension and Revocation of License
The licensing authority may vary the conditions subject to which the license, except those which are prescribed, was granted and for that purpose may also require the license-holder, through a notice to deliver-up the license to it within the specified time.
The licensing authority may also vary the condition on the application of the license-holder, except those which are prescribed.
[The licensing authority may suspend or revoke a license by an order in writing if:
- It is satisfied that the applicant is prohibited by the Act or any law for the time in force or is of unsound mind; or
- It deems it is necessary for the security of the public peace and public safety; or
- The applicant has not given complete information or fabricated the information; or
- Any condition for giving the license is contravened; or
- If the licence-holder has failed to comply with the notice provided by the licensing authority; or]
- On an application by the license holder.
- The license-holder has been convicted by the court, but in case if he is acquitted in the appeal then the suspension and revocation becomes void; or
- The Central Government by an order in an Official Gazette orders the licensing authority to suspend or revoke all or any license granted; or
Grant of a License to Legal Heirs
[The licensing authority may grant the license to the legal heirs if:
- The licensee is dead; or
- The licensee has attended the age of seventy years or has been holding the firearm for twenty-five years, whichever is earlier, to any legal heir nominated by him; or
- The licensee has left behind more than one legal heir they decide among themselves that who will retain the firearm of the deceased, the nominated heir may apply for the license with the following documents:
- A declaration of no-objection from the remaining legal heirs;
- An indemnity bond executed by the applicant giving full details of the licence and the arm or arms endorsed thereupon; and
- A copy of the death certificate of the deceased licensee.]
Conclusion
The rules regarding the possession of guns in India are very strict. The Washington Post in 2016 posted an article which stated that “India already had some of the strictest gun laws in the world.” The Arms Act, 1959 punishes the possessors of illegal weapons under Section 25. The position of Arms laws at present is such that it has always been subject to debates and various rebuttals.
References:
- https://blog.ipleaders.in/how-to-get-the-gun-license-in-india/
- https://indianlegalsolution.com/how-to-obtain-gun-license-in-india-full-process/
- https://www.legistify.com/blogs/view_detail/1515-the-latest-on-how-to-get-a-gun-license-in-india/
- https://lawrato.com/indian-kanoon/documentation-law/how-to-apply-for-arms-licence-in-india-578
- https://legaldesire.com/what-are-gun-laws-in-india-how-can-one-get-a-gun-in-india/
- https://www.prsindia.org/billtrack/arms-amendment-bill-2019
- https://www.scconline.com/blog/post/2020/02/14/arms-amendment-rules-2020-notified-by-centre/
- https://www.mha.gov.in/sites/default/files/TheArms%28Amendment%29Act_17122019.pdf
- https://www.indiacode.nic.in/bitstream/123456789/10495/1/arms_and_ammunition_act_1959.pdf
- https://www.manifestias.com/2020/03/03/amendments-in-arms-act-1959-and-arms-rules/
- http://www.thenrai.in/PDF/ed3503ce-c32d-4d97-8dfe-887ec49fd55c.pdf
- https://economictimes.indiatimes.com/news/politics-and-nation/ls-passes-bill-for-stringent-punishment-to-those-possessing-illegal-arms-indulging-in-celebratory-gunfire/articleshow/72442811.cms
- https://www.washingtonpost.com/world/asia_pacific/india-had-the-one-of-the-strictest-gun-laws-in-the-world-it-just-got-tighter/2016/08/01/affd9422-51da-11e6-b652-315ae5d4d4dd_story.html
This article is authored by Isha Anand, Fourth-Year, B.A. LL.B (Hons.) student at the Central University of South Bihar.
Also Read – Who Can Get Gun Licence In India?
