- The procedure to procure an Arms license in India, is governed the by Arms Act, 1959 and Arms Rules, 2016.
- As per section 3 of the Arms Act, No person can possess or carry with himself a firearm unless he has a license or written authority to that effect.
Purpose for which License can be procured –
As laid down under the arms act and the arms rules a license for an Arm, can be applied for the following purposes –
- Protection of Crops from Animals
- Self Defence
- License for training and target practice
- License for sport shooting associations
- License for shooting ranges
- License for accredited trainers
- License to museums
- License for arms for theatrical, film and television production
- License to tourists visiting India
- License to an International sports person visiting India for a shooting event
Procedure for procuring a License –
- Depending upon the category of License, an applicant has to apply for the License in Form 1A to Form 14 as applicable.
- Application has to be sent through post or be made in person to the licensing authority, applications can be made online too.
- On receipt of such application the concerned licensing authority calls for an detailed report from the police station in whose jurisdiction such applicant resides.
- Police officer of the concerned police station has to submit such report within a period of thirty days from receipt of such application, the Central Government however has powers to extend such period upto ninety days for certain regions or states, also if no report has been submitted the licensing authority may make an order granting or refusing such license.
- The licensing authority has to pass a speaking order granting or refusing the license within a period of sixty days from the date of receiving the police report and also specify the type of arms and ammunition to be procured by the applicant.
- Application for a license from a Member of the Armed Forces is to be made through his Commanding Officer to the licensing authority in respect of the place to which such applicant is posted.
Validity of the License –
- Once issued the Arms License is valid for a period of 5 Years, unless the holder of such license commits such crime and attracts provisions of Section 9 of the Arms Act, 1959.
- The area validity of a license for license holders under form III can be extended subject to the need of the license holder.
License not a Fundamental Right –
- In a matter decided by the Full Bench of the Allahabad High Court between Kailash Nath Vs. State of U.P. the Hom’ble Court held –
- That a license for acquisition and possession of fire-arm is merely personal privilege for doing something which without such privilege would be unlawful and the obtaining of a license for acquisition and possession of fire-arms under the Arms Act is, therefore nothing more than a privilege and it is not a fundamental right.
- This right cannot even remotely be comprehended within the ambit of Article 21 of the Constitution which postulates the fundamental right of protection of life and personal liberty.