How to get a Gun License in India

This Article on “How to get a Gun License in India” is written by Ishita Mehta.

Getting a Gun License in India comes under the Arms Act of 1959. Civilians or citizens of India who want to own a gun are allowed to purchase only NPB guns ( Non- prohibited bore). This Act allows civilians to get a gun license if they have a major threat to their life.

But, how to prove the threat?

Proving threats is not a major task as it just needs the FIR ( first information report ) but, the process of obtaining a Gun license in India is long.

How to get a Gun License

The first step is to apply. One can get the application form from the district superintendent of the police of the particular state it is in.
After getting the application, the police will check if there are any records of any kind of criminal activity and they will also check if the address given is authentic or not.
There is a lot of information gathered about the person who wants to obtain a gun, which also includes asking the people in the surrounding neighborhood if they see any kind of malicious treatment or if they have seen the person getting involved in fights due to anger or bursting out.
To determine if the person is mentally or physically ill or not, the DCP interviews the person who wants to get a gun license.
In the interview, the main question is- why do you need a gun? Self-defense is stated as one of the major reasons why most people in India want a gun and it is accepted also. One can also ask for a gun license if he/she wants protection from wild animals.
After the interview, the DCP sends the reports to both the criminal branch and the National Crime Record Bureau.

If all these steps are fulfilled and the DCP is satisfied with the relevant information, a civilian can get a gun license after this.

Now, after getting the gun license, the customer has to contact the dealer for the procurement of the gun. For this, the customer will have to book a pre-order to get the gun from any licensed shop of their choice.

Gun License forms are easily available on the website of the Indian ordnance factory.

Documents required for getting the gun from the factory-

Issued license with valid date and place and should be either in English or in Hindi.
A photocopy of the Gun license.
One copy of the NOC for the factory owner and one copy of the NOC for Police authorities. NOC is the no objection certificate(in case the gun license is valid across India then, there is no need to provide with NOC certificate).
There is also a need for a transport license for the place where the factory is located.

One cannot issue letters just based on the authorities but, the delivery can be permitted to the retainer only on behalf of the customer. Now, this also requires some additional information including the name of the retainer along with

How To Procure A Gun In India

It takes about two months of waiting time for the gun to be received by the customer and in some cases, it can go up to three months based on the manufacturing system of a particular factory.

If somebody wants to renew their gun license, there is a renewal form available for them.

In the renewal form, the customer is obligated to produce the weapon with the gun license, along with all the other documents that they’d already attested at the time of getting their license.

If the gun license is issued in another state and there is a need to issue it again in different states, the customer should take the following steps-

They have to get a re-registration form from the authority and then attach another copy of the license that was issued to them earlier.
Attachment of the residential proof should also be provided.
NOC should be attached if the license is not valid all over India.
Police statement with their remarks on the nearby areas.

How To Sell Your Licensed Gun

If somebody wants to sell their weapon they should submit an application with Rs 5/- court stamp on it with an attached copy of the original gun license and inform the arms branch that they’re interested in selling their weapon.

They should provide all the documents that they earlier submitted for getting the weapons issued.

Can The Gun Be Transferred?

If the original gun license is present during the lifetime of the person who wants to transfer the ownership of the weapon to the legal heirs by making an application on plain paper this paper will be attached with the Form A 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 form A. There will be the requirement of two passport-size photos and there should be no objection from the legal heirs.

Can Overseas Indian Citizens Get Gun License In India?

Getting a gun license in India for overseas citizens of India depends on the particular residence of the overseas citizen.

It has to prove that the state of residence is permanent.
It’ll have to give a valid reason why it wants the gun license.

For instance, if he wants the license for hunting purposes.

But, for overseas citizens who come to India for a short period, it gets very hard for them to attain a license.

Cancellation Of Gun License

If the person during getting a gun license, suppresses or does not convey the right material facts for obtaining the gun license then the officials can cancel the license. The officials can also suspend a gun license for a particular period.
The license officer can suspend a gun license if he is satisfied that the owner of the gun has prohibited certain provisions under the act.
They can also suspend a gun license if there is a threat in the public space and if the delivery of the weapon is not done after the end of the license term.

Obtain a License To Import and export Guns

In the general law, it is given that no citizen can import or export guns based on foreign trade policies. But, there are certain exceptions to this to import any item to another country-

Firstly, the user or importer should get a license from the authority.
The importer can directly contact the government agency and from there he will get the procedure to import the arms.
Under the import of goods, documents regarding the imports and customs clearance certificates are necessary. They should also have the origin of the certificate.
Now, we need to understand that the imports of goods from the least developing countries need to be certified before the export.

Number of Guns to be Owned with one Gun license

An Indian citizen can own more than one gun on one arms license. However, each type of firearm needs to be individually endorsed after obtaining the due permission from the license authority.

So, For example, let’s say you initially apply for an arms license for a handgun (NPB pistol/ revolver), the license is granted and you purchase and have the handgun endorsed on your license.

Later, if you wish to purchase a rifle/ additional handgun/ shotgun, you will need to write an application to the licensing authority, requesting for an addition of the type of firearm you wish to have added (rifle/ handgun/ shotgun) and stating/explaining your need for the same.

The licensing authority should approve the application only then can another arm be purchased. There is a maximum limit of 3 firearms that an individual can own at any given point in time.

Latest News Regarding Arms Rules

Now, every person who is applying for an arms license has to go through a safety training course relating to arms.

This course will involve safeguard principles including-

Safe handling.
Firing technique.
The whole procedure for their safekeeping or transportation.

The authority also says that the arms license will be given to the individuals who confront grave and foresee risk to their life because of being inhabitants of their region or zones, where they have a threat to their lives and the extremists are most active.

Now, the license authority can grant the license or refuse to give it just within a period of 60 days.

Licenses will be issued only for three categories–

Self-defense
Sports
Crop protection

The government has allowed citizens to own licensed electronic disabling devices such as taser guns. The main purpose of issuing taser guns is to enhance women’s safety.

Area validity of Arms licenses

In respect of Prohibited Bore (PB) weapons, extension area to one state or more than one state or all over India is to be considered by the Central Government on the merits of the reasons given by the retainer of the weapon. For NPB weapons, instructions have been issued to the State Governments to carefully consider requests for allowing All India Validity (AIV) judiciously based on the recommendations of the DM concerned depending upon the genuineness of the request, local factors, and the law and order situation.

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

(i) Sitting Union Ministers/Members of Parliament,

(ii) Personnel of Military and Para-Military,

(iii) Officers of All-India Services,

(iv) Officers with liability to serve anywhere in India, of applicants may be approved at the level of Secretary (Home) of the State concerned.

For the applicants not covered by the above categories, the State Government shall seek prior concurrence of MHA(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 3 years by the State Government with prior concurrence of MHA. The State Government may send data of All-India validity on a quarterly basis to MHA.

Grant of Arms licences under Family Heirloom

PB/ NPB weapons of an existing licensee can be transferred to his/her legal heir. If the licensee had held the weapon for a period of 25 years or more or the licensee has attained the age of 70 years or more. Applications can be filed for transfer of PB and NPB weapons with the MHA and State Government/DM, subject to the condition that the legal heir should be eligible to get the license under the Arms Act and should be capable of handling the weapon.

Currently, son/daughter/wife/husband are considered as ‘legal heirs’ and the licensee can file an application to transfer the license in favor of. After the death of the licensee, the license can be transferred to his/her legal heir without any objection.

There are cases where the licensee has requested to transfer the license in favor of the son-in-law, daughter-in-law, brother, and sister of the licensee. These cases arise when the licensee does not have any son/daughter of his own or they have settled abroad and is unwilling to hold the license. So it has ?>daughter-in-law, brother, and sister of the licensee on the merits of the case, in addition to son, daughter, wife, and husband, to whom the licensee will be free to transfer his weapon as per his wish during his lifetime. After the death of the licensee, the license can be transferred to one of the legal heirs subject to a ‘No Objection Certificate’ from other legal heirs.

Addition to

Number of Guns to be owned under a license.

If a person owns more than three guns under one license before or at the commencement of the Arms (amendment) Act,1983 then he is given the option to to retain any three guns and submit the rest to the officer in charge of the nearest police station or with a licensed dealer or, where such person is a member of the armed forces of the Union

License To Import – Export Guns

In the case when the import-export is not for selling but for personal use then any person who is authorized under the arms act to have such an arm can bring it in and out of India such arm without any specific license.

In the case of a noncitizen i.e. belonging to any other country is not prohibited by the laws of that country from having in his possession any arms and ammunition then he can bring within India arms and ammunition in reasonable quantities for use by him for purposes only of sport and no other purpose.

LICENSE EXEMPTION FOR DEFENCE PERSONNEL

A military officer is allowed to keep one personal firearm (this is beside their service issue firearm) without the need for a license. They need to inform their CO about the firearm and have the CO(Commissioned Officer) enter the make, serial number, etc in their register. They must also get a license once they are discharged from service. This is covered in the Defence Service Rule. Rule says that the Commissioned officer can keep a handgun and those from the rank’s a shotgun or rifle without a license during their service.

According to sections 3 and 4 of the Armed Act,1959 all persons in India can have a license issued for possessing, acquiring, or carrying any arm or firearm. Section 41 of the Armed act is a penal provision for contravention of the act. Enacted to notify in the official gazette, exempt any person or class of people or exclude any description of arms from the operation of all or any of the provisions in this act.

Under Rule 57(3) of the act the central government has issued a general order i.e, all junior commissioned officers, warrant officers, petty officers, non-commissioned officers, and soldiers of armed forces whether in service or retired are exempted from payment of fees for grant or renewal of any license for the sporting gun or rifle with reasonable quality of ammunition.

Section 17 of The Arms Act, 1959; Variation, suspension, and revocation of licenses.—

Provision for variation in firearm license

Variation of firearm license means any kind of changes or alteration or any difference from that of the existing condition in the license typically within the given limits. The licensing authority can vary the condition to which a license is already granted except for the ones which are prescribed through the act and are mandatory.

The license-holder by a notice in writing is asked to deliver the licence to the licensing authority within the specified time.
The license authority may make changes, on receiving the application from the license holder or also change the conditions of the license except for the prescribed.

Provision for suspension or revocation of firearm license

Suspension of firearm license means temporary or permanent prohibition of holding a license or having the possession or use of the firearm. Revocation means total cancellation of the license. The licensing authority may by order in writing suspend the license of a license holder for a period as it may think fit to it or revoke (cancel) the license.

Condition for suspension or revocation

If the licensing authority is satisfied that the license holder is prohibited from holding the firearm license under The Arms Act, 1959 or any other law that is in force for the time being for acquiring, having the possession, or carrying of such arms and ammunition.
If the license holder is found to be of unsound mind (mental, lunacy, or any other mental disorder).
For any other reason that is unfit under The Arms Act.
If any condition of the license is violated, or
If the license holder has failed to deliver the license within the time specified in the notice.
The licensing authority may also revoke the license on the application of the license holder.
An authority that is superior to the licensing authority may order in writing to suspend or revoke a license on the grounds of suspension or revocation of license on which the licensing authority may suspend or revoke the license.
A court convicting the holder of a license can suspend or revoke the license of such holder. Exception, if the conviction is set aside through an appeal or otherwise then the suspension or revocation will be void.
When the appellate court or the high court exercises their power of revision they can also suspend or revoke the license of the license holder during the trial.
Central government may by order in the Official Gazette, suspend or revoke the license or direct the licensing authority to do so all or any license granted under The Arms Act, 1959 throughout India or even in part of it.

The licensing authority makes an order for varying in the license or an order for suspension or revocation, it should record all the reasons in brief writing and provide to the holder on demand unless the authority feels that the statement will not be of public interest.

On the suspension or revocation of the license, the license holder is supposed to surrender the license immediately to the authority by whom it is been suspended or revoked or to any other authority as specified in the order of suspension or revocation.