Firearms Laws in India & Obtaining Gun License – Eligibility, Process and Responsibilities

In India, firearms sector is heavily regulated by the Government. To procure and operate such weapons/firearms in India, individuals/ entities are required to obtain a license from the competent authorities. Through this article, we will understand the legal complexities and the process of procuring a valid firearm license in India.

Applicability of Firearms Laws in India

Primarily, the laws that are formed to regulate the usage of firearms in India are the Arms Act, 1959 and Arms (Amended) Rules 2016. The said laws in place aim to regulate the usage of such weapons by ensuring that individuals/ entities possessing such weapons hold a valid license permissible under law. The Act also ensures that in case of any non- compliance or any fault/offence committed, the said entity/ individual faces stringent penalties/ punishments.

The said laws are applicable to the following entities:

• Manufactures of such weapons: Specially to those who are in the business of manufacturing such firearms/ weapons. The entities are required to obtain a valid license from the authority to operate/ manufacture.

• Individuals/ Professionals intending to own such weapons: Those persons/ entities intending to obtain such firearms that are permissible by the Government are required to obtain a valid license to operate and own. Individuals who professionally represent India are also required to obtain prior permission of the government.

• Importers and Exporters of such weapons: Those intending to export and import such firearms are required to obtain prior license from the concerned authorities to carry out such activities.

Individuals/ Entities Eligible to Obtain a Firearm/ Gun License in India

To obtain a firearm license in India, the Entities and individuals are required to fulfil the conditions enlisted below:

For Individuals:

• The said individual needs be an Indian citizen and should be atleast 21. However, the age condition is not applicable in cases, which involves shooting as a sport.

• The concerned entity/ individual should not have any criminal record against him/her.

• The Individual must be mentally and physically fit to operate such weapons.

• The Individual must have a valid reason/purpose to own such weapon/ firearm.

For Manufactures / Entrepreneurs:

• Manufacturer/ Entrepreneur needs be an Indian citizen.

• The Manufacturing Company/Entity must be duly registered in accordance with the provisions of the Companies Act, 2013.

• The company must be owned by the Indian Residents, however, in case, if there is any infusion of Foreign Direct Investment (FDI) of 49% in the Indian Company, the majority shares must belong to the Indian shareholders and the Chief Executive of that company must be an Indian Citizen.

• The concerned entity should not have any criminal record against him/her.

Process of Obtaining Firearms/ Gun License in India

• The first and foremost step is to submit an application for procurement of gun license at the concerned Licensing Authority i.e. the applicant is required to submit an application along with requisite documents and fees to the licensing authority of the respective state.

• Upon submission, the Licensing Authority shall review and verify the application, and the documents submitted by the applicant. Some of the documents that need to be submitted by the applicant are as follows:

• Further, the Licensing Authority/ Department of Police shall conduct a preliminary inquiry i.e., the department will verify and check to determine whether the applicant holds any criminal history. On the basis of this investigation, a report will be sent to the commissioner of the respective crime branch for review.

• In case, if the commissioner is satisfied with report, the report shall be forwarded to the concerned state government/ MHA within 45 to 60 days. It is relevant to note that broadly there are two types of licences procured:

• Thereafter, the application will be examined by the concerned authority and in case, if the authority is satisfied with the application, a license shall be granted for a maximum tenure of 5 years or less depending upon the decision of the concerned department. In case, if the concerned department is not satisfied, the application will be rejected.

Note:

• In case, if the application is rejected by the Licensing Authority, the applicant has a right to file an appeal within 30 days from the date of the order. The appeal can be made to the Hon’ble Licensing Appellate Authority.

• For renewal purpose, the applicant will be required to submit a written request to the Licensing Authority for renewal of the license. However, the approval or rejection of renewal will be based on the discretion of the Authority. In case of rejection, the aggrieved can file an appeal before the Hon’ble Licensing Appellate Authority within 30 days from the date of order. However, in case, if the appeal is rejected, then the applicant in such a case, has the right to approach the Hon’ble High Court for seeking appropriate directions.

• For manufactures/ entrepreneurs, the said process for procurement of license can also be carried out online i.e. the said entities are entitled to obtain a firearm license through an online process as well.

Responsibilities of Individuals / Entities/ Manufactures having a Valid License

Following are the responsibilities of the concerned persons having a valid license:

• It is the duty of the concerned entities to provide and disclose all the relevant information with the Licensing Authority/ any other concerned authority.

• It is the duty of the concerned entities to follow the directions/ rules/ notifications laid by the Licensing Authority/ any other concerned authority with respect to the usage and management of firearm.

• In case of any non-compliance or default committed by the individuals/entities, they shall be held liable and responsible for their actions by the Concerned Authority.

Conclusion

In view of the above, it is important to obtain a valid license to own/ manufacture/ import and export a firearm/ weapon in India. No individual/entity without the prior permission of the Government of India can own and operate such weapon. Every individual holding a valid license has the duty to ensure that the said firearm is not misused by anybody including the person holding the license. It is relevant to note that the person/entity holding a valid license is required to follow the directions laid by the Licensing Authority and in case of any non-compliance, the said entity or the concerned person shall be liable to bear the consequences of non- compliance. Therefore, it is advisable to seek assistance from a legal expert who is well equipped and has the requisite knowledge to deal with these issues.