Introduction
In India, the laws concerned with the grant of gun license are governed under Section 3, 4, 13, 14, 15, 16, 17, and 18 of the Arms Act of 1959 and the Arms Rule of 1962, and Arms Rule 2016. These acts are providing expensive and tougher ways to procure gun licenses in India, even though, it is pertinent to note; that in Indian society it is not that likely that a person would be killed by the firearm as compared to other societies around the world.
Reasons to procure a gun license in India
There could be various reasons for acquiring the gun license in India on the basis of which the civilians can apply for it. They are as follows.
From Section 35 to 46 of Arms Rule 2016 specifies special category for issuing the license namely:
- License for the destruction of wild animals which poses a threat to human beings and crops. This comes under the protection of life and property which is, in turn, a reason for self-defense.
- License for the purpose of target and training purpose (the trainer must be an adult and the trainee must not be below 15 years of age and not above 21 years of age).
- License for sports shooting association.
- Also License for shooting ranges.
- License for accredited trainers.
- Quantity of ammunition for sportspersons, shooting associations, etc.
- License to museums.
- License for arms and ammunitions for theatrical, film or television production.
- And License to an international shooter, who has come to India for participation at shooting events in India.
Procedure to obtain a gun license in India
There are certain prerequisites provided in order to procure a gun license in India. They are mentioned as follows.
Age criteria: a person should not be less than 21 years of age.
Other Qualifications:
- a person must be of sound mind.
- a person must have justified reason for procuring a gun license.
Procedure
Filing of an application
Section 13(1) of the Arms Act 1959 pertains to the procedure of application, which must be in accordance with Chapter II of Arms Act 1959, and also the prescribed fee must be paid.
Call for the report
Section 13(2) of the Arms Act 1959 empowers the licensing authority to call for the detailed report made by the police officer; of the nearest police station within a prescribed time period.
In case the police officer fails to submit the report. Then the licensing authority may use its discretion and may either approve the application or refuse it.
License for Different Purpose
In case of self-defense the license for a smoothbore gun can be grant. However, in the case of sports and crop protection the license for muzzleloading gun can be granted.
If in case the licensing authority is satisfy that muzzleloading gun is not sufficient. Then it may grant a license for any other gun.
Satisfaction of Licensing Authority
After undergoing all the due procedure and most importantly after the licensing authority is satisfy; with the justification give in the application. The license for a specific purpose is grant.
However, there can be times when the situation arises where the license may undergo variation, suspension and revocation, etc. While, the procedure for variation, suspension, and revocation is mentioned in Section 17 of the Arms Act, 1959.
- If in case the licensing authority is satisfied by the fact that the holder of the license is prohibited; under this Act or under any other law, or Statute abstaining him from possessing or acquiring or carrying any arms or ammunition; for the time being in force.
- If the licensing authority feels that it is necessary for peace, security, and public safety, it may suspend or revoke the license.
- And if the licensing authority confronts the fact that the license holder hides some information or has given false or wrong information it may suspend or revoke his license.
- Also if in case any condition for giving license is contravened and breached or there was a non-compliance of the notice by the holder of a license.
- The holder himself has given the application for revocation of a license to the licensing authority.
- When the holder of the license is convicted by the court, then his license may be suspended or revoked.
Conclusion
Concomitantly, it can be deduce from the procedure. That how tough and stringent laws are to curb the urge of Indians to acquire for themselves a gun license. This could be for more safety reasons, though, consider to be a heat debatable topic each time; when brought onto the table.
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