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HOW TO GET A GUN LICENSE IN INDIA

Author: Abhinav Pandey, I year of B.A.,LL.B.(Hons.) from University of Lucknow


Introductions to Arms License

What is License?

A Arms License is also Known as License or Gun License permit issued by a government authority typically by the police, that allows the licensee to buy, own, possess, or carry a arm, often subject to a number of conditions or restrictions, especially with regard to storage requirements or the completion of a firearms safety course, as well as background checks, etc.


The permit or license scope varies according to what fire arms or activity it allows the holder to legally do with the firearm. Some jurisdictions may require a firearm license to own a firearm, to engage in target shooting or collecting, or to carry a concealed firearm, or operate a business such as being a gun dealer or a gunsmith. Some jurisdictions may require separate licenses for shotguns, or rifles


The guns in India are strictly regulated by the law. The Arms act 1959 along with the Arms rules 1962 provides for all the provisions regarding the sale, manufacture, acquisition, import-export transport of arms and ammunition unless a license which is difficult to obtain.


History of Gun License

It is a very interesting fact in history that the Arms Act was introduced by British Raj in 1878 to limit the sale, manufacture and use of arms and ammunition so to suppress the rebellion by Indian rebels because the people then especially in part of Rajasthan had the knowledge of metal extraction and making arms out of them could be a possible future risk for the British. Later, the Act was amended and reintroduced in1959 after independence.


Issuing of Gun 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:

Section 35:

Licence for Destruction of Wild Animals which do injury to Human Beings or Cattle and Damage to Crops

Section 36:

Licence for Training and Target Practice .

Section 37:

Licence for Sport Shooting Association.

Section 38:

Licence for Shooting Ranges.

Section 39:

Licence for Accredited Trainers.

Section 40:

Quantity of Ammunition to Sports Persons, Shooting Associations, etc.

Section 41:

Licence to Museums.


ELIGIBILITY

He or She Must Be ACitizen of India And Must Show The Identification Documents While Applying For A Gun License

He or She Should Have Completed At Least 21 Years Of Age.


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.Date of Birth Proof

2.Aadhar Card

3.Identification Proof

4.Residence Proof

5.VoterID card or Passport or Pan Card or Identification document issued for employees with a declaration in the form of an affidavit

6.Medical Certificate for Both mental and physical fitness

7.Education qualification, in case of professionals


After the submission of the License form the licensing authority calls for an enquiry report prepared by the incharge 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, family and neighbours are interviewed about the behaviour of that person. His Physical and Mental 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 National Crime Record Bureau for record-keeping.So once the whole process is over and therefore the investigating officer is satisfied that the person won’t use the open for the other purpose then the mentioned one then the person gets the approval but getting an approval doesn’t mean that an individual can now get the weapon in hand. Now, after the Arms license, the customer obviously possesses to contact the dealer for the procurement of the gun. For this, the customer will be got to book a preorder to urge the gun from any licensed shop of their choice


DOCUMENTS REQUIRED FOR GETTING THE GUN FROM FACTORY

1.One Copy of the Non-Objection Certificate for the Owner of the factory and one copy of Non-Objection Certificate for the Police authorities. just in case if the Arms license is valid across whole India then no Non-Objection Certificate is required.

2.Issued License with Place and Valid Date.

3.There is also a requirement for the transport license of the place where the factory is found.


REFUSAL TO LICENSE

To be prohibited by this Act or by any law for the non effective from acquiring, having in his possession or carrying any arms or ammunition, or to be of unsound mind, or the person is found unfit for a licence or where the licensing authority deems it necessary for the security of the overall public peace or for public safety to refuse to grant such licence.


HOW TO SELL YOUR LICENSED GUN

If somebody wants to sell their weapon they should submit an application with 5Rs Court Stamp on it with attached copy of the original Arm license and inform the Arms Branch that they’re interested in selling their weapon.they should provide all the documents which they earlier submitted for getting the weapons issued.


CAN THE GUN BE TRANSFERRED?

If the Original Arm license is present during the lifetime of the person who wants to transfer the ownership of the Gun to the legal heirs by making application on a plain paper and this paper will be attached with the A Form of the person to whom the transfer of license is given.If the original license has expired, then the application can be made again in the A form . There will be the requirement of passport size photos and there should be no objection from the legal heirs.


AREA VALIDITY OF ARMS LICENCES

The state governments have been advised to allow area validity upto a maximum of three adjoining States and also to consider AIV requests at State level for the following categories:

1.Sitting Union Ministers

2.Sitting Members of Parliament

3.Officers of All India Services

4.Personnel of Military and Para-Military


For the applicants not covered by the above categories, the State Government shall seek prior concurrence of Ministry of Home Affairs with full clarification in deserving cases. All India Validity can be allowed for three years in such cases and shall be re-considered after Three years by the State Government with prior concurrence of Ministry of Home Affairs. The State Government may send data of All-India validity on quarterly basis to Ministry of Home Affairs.


REFRENCES

1.Wikepedia

2.Articles

3. https://www.thehindu.com

4. https://blog.ipleaders.in

5.Oxford English Dictionary