A Comprehensive Guide To Obtaining A Gun License In India

The Indian Arms Act of 1959 governs the comprehensive and regulated procedure of obtaining a gun license in India. This thorough reference describes the applicable laws, qualifying standards, kinds of firearm licenses, application procedure, necessary paperwork, and related costs. Anyone wishing to lawfully own and use a handgun in India must be aware of these factors in order to adhere to strict safety and regulatory requirements.

Legal Framework

Discussing the legal framework of gun licenses in India, the Indian Arms Act, of 1959, is directly related to the basics of it.

• The Indian Arms Act, which came into effect in 1959, governs the licensing, import, export, production, possession, sale, purchase, and transit of firearms and ammunition. India ranks 120th in the world for the percentage of residents who own weapons, with 5 out of every 100 citizens owning firearms, according to a 2016 census. According to data, Uttar Pradesh is home to more than 1.2 million licensed handgun owners. Under the Arms Act, carrying a firearm without a license is punishable by jail time and penalties.
• Weapons and firearms are only permitted to be owned with a district authority license. The Act also mandates the need for licenses for sharp instruments longer than nine inches, such as swords and knives.
• The Act was revised in 2016 to mandate safety training for anyone seeking arms licenses. This training covers a fundamental understanding of weapons and ammunition as well as safe handling procedures. The relevant authorities must give licenses to applicants within 60 days of the training completion.
• In 2019, an additional amendment was proposed that sought to lower the total quantity of licensed guns that a person may own and suggested severe consequences for both unlawful firearm ownership and careless shooting that pose a risk to life. Such actions might lead to a ₹1 lakh fine, two years in jail, or both. Life in prison was also added to the amendment's list of penalties for producing illicit weapons.

Eligibility Criteria

The Arms Act of 1959 and the Arms Regulations of 2016 specify the requirements for qualifying for a firearms license. The following are the general requirements, as of September 2021, for being eligible to apply for a firearms license in India:

• Age: A gun license applicant must be at least 21 years old. Certain groups may be exempt from this rule and qualify at a younger age, such as sports shooters and those working in professional security.
• Need and Justification: Candidates must give a convincing explanation for their need for a handgun. Hunting, sports shooting, self-defense, and jobs in professional security are typical justifications. During the licensing procedure, the applicant's requirement for a handgun is crucial.
• Clear Criminal Record: Candidates shouldn't have any prior convictions for major crimes. People who have a criminal history or who have active criminal charges against them are often ineligible to get a weapons license.
• Mental Health: To be eligible to own a handgun, applicants must present a certificate from a licensed physician attesting to their mental stability.
• Local Verification: The applicant's character and antecedents will be verified by the local police, who will also do an extensive background check.
• Training and Competency: Candidates may be required to finish a firearm safety and handling course from an accredited organization or shooting club, depending on the type of firearm and planned use.
• Proof of Address and Identity: Applicants must present a legitimate form of identification and proof of address, such as a voter ID card, passport, Aadhar card, or PAN card.
• References: Character references from law-abiding persons who can attest to an applicant's veracity and appropriateness as a gun owner are sometimes required of applicants.
• Waiting Period: A waiting period is often required from the time a gun license application is submitted to the time it is approved. This time frame enables appropriate confirmation and careful consideration.
• Restricted Groups: Gun licenses are typically denied to members of specific groups of people, such as those engaged in political or social activities. It is also illegal to possess military-grade or banned weapons.

Types Of Gun Licenses

Permits granted by authorities to own, carry, or operate weapons are known as gun licenses. Usually, these licenses are divided into groups according to how the firearm will be used. Licenses for self-defense, sports shooting, crop protection, and animal control are among the most popular kinds.

Licenses For Self-Defense

To carry a firearm for personal protection, one must get a license for self-defense. These licenses frequently come with strict restrictions, including training, background checks, and documentation of a legitimate need for self-defense.

Licenses For Sports Shooting

Those who engage in shooting activities like target shooting, skeet shooting, or competitive events are eligible to get a sports shooting license. Membership in an approved shooting club or association and compliance with stringent safety and storage guidelines are usually prerequisites for obtaining these licenses. The regulated, recreational, and competitive use of weapons is the main focus.

Licenses For Crop Protection

Farmers and other agricultural workers with crop protection licenses can use weapons to shield their crops from pests or wildlife that pose a threat to their livelihood. Proof of agricultural activity is often required for these licenses, and there may be restrictions on the kinds of guns that may be used and the situations in which they can be used.

Licenses For Animal Control

Those in charge of overseeing wildlife populations, such as pest controllers, park rangers, or game wardens, are granted animal control licenses. These licenses allow the use of guns for the management or eradication of animals that are dangerous to people, property, or the environment. Holders are frequently required to exhibit proficiency with guns and familiarity with wildlife control techniques.

Step-By-Step Guide To Applying For A Gun License

Making an application submission is the initial step to getting a gun license. Here is how to go ahead with the process:

• The district superintendent of police in the state in question is the source of the application form.
• Following receipt of the application, the police will investigate any prior criminal activity records and verify the authenticity of the address provided.
• A lot of information is gathered about the individual requesting a gun, including questioning neighbors and those in the immediate vicinity if they have witnessed any hostile behavior or if the person has been involved in fights out of rage or outbursts.
• The DCP interviews the applicant for a firearms license in order to ascertain whether or not the applicant is mentally or physically unwell.
• The primary question throughout the interview is: "Why do you need a gun?" One of the main justifications given by the majority of Indians for wanting a gun is self-defense, which is widely acknowledged. If someone wants to be protected against wild animals, they can also apply for a firearms license.
• Following the interview, the DCP forwards the reports to the National Crime Record Bureau and the Criminal Branch.
• After completing all of these procedures and providing the DCP with the necessary information, a citizen may get a firearms license.

When all these steps are fulfilled and DCP is satisfied with the information, the civilian is issued a gun license. Further, a few websites that can help you apply for a gun license online are, for Punjab - http://punjab.gov.in/, and for Maharashtra -  http://www.mhpolice.maharashtra.gov.in/Citizen/MH/Download.aspx

Document Required

Here are the checklists of documents that would be required for a gun license:

For Individuals, Sports Individuals & Institutions

• Completed Application Form (as per schedule III of Arms Rules 2016)
• Address Proof
• Identity Proof
• Recent Passport-sized Photographs.
• Proof of Age
• Proof of Residence
• Justified Reason for License (self-defense, sports shooting, etc.)
• No Objection Certificate (NOC) from the local police station
• Character References
• Medical Certificate (for physical and mental fitness)
• Membership Proof (if applicable, for shooting clubs or organizations)
• Affidavit of Responsible Usage
• Any Additional Required Documents (as per state regulations)

For Manufacturers Applying for a Fresh License

• Completed Application Form (as per schedule III of Arms Rules 2016)
• Proof of Incorporation (Certificate of Incorporation under Companies Act, 2013)
• Proof of Ownership and Control (resident Indian ownership and control)
• Chief Executive's Indian Residency Proof
• Board Representation Details
• Proof of FDI Percentage (if applicable)
• Any Additional Required Documents (as per state regulations)

For Individuals/Firms Applying for a Fresh Arms Dealer License

• Completed Application Form (as per schedule III of Arms Rules 2016)
• Proof of Identity and Residence
• Business Proof (for firms, including registration details)
• Detailed Business Plan
• Security Arrangements for Storage
• Financial Statements (if applicable)
• Any Additional Required Documents (as per state regulations)

Fees And Charges

Fees payable for a license according To Arms Rule-2016

PART I - LICENCES ISSUED UNDER SECTION 3 FOR ACQUISITION AND POSSESSION

Verification Process

The candidate must submit an application to the licensing authority in their district or state after meeting the qualifying requirements. The application must contain information on the intended firearm purchase as well as personal facts like name, address, and occupation. Subsequently, the licensing body will carry out an extensive background investigation, which will involve confirming the candidate's criminal history and mental health condition. The house of the applicant may also be physically inspected by the licensing authority to make sure that sufficient security measures are in place.

Training And Competency

Training isn’t necessary for all gun licenses, but depending upon the type of firearm and the intended use, applicants can be required to complete a firearm safety and handling training course from either a shooting club or an institution, as prescribed.

Renewal And Maintenance

Those who own weapons licenses may apply for a renewal in writing to the district magistrate. Before submitting the application, it is crucial to verify the applicant's eligibility. Further, as specified in Schedule III of the Arms Rules 2016, individuals and institutions must use Forms II, III, IV, and V to renew gun licenses falling under categories A2 and A4.

Responsibilities Of A Gun License Holder

It is critical to recognize that gun ownership entails serious obligations. The license holder is responsible for making sure the firearm is kept out of the hands of minors and other unauthorized individuals. In addition, the license holder is responsible for making sure the firearm is only used for the purposes allowed by the license. If these requirements are not met, the license may be withdrawn and criminal charges may be brought against the license holder. Lastly, it is important to remember that even though India's strict gun control laws have contributed to the nation's comparatively low crime rates, illicit guns remain a serious issue. The black market is frequently used by criminals to obtain illicit guns, and the government has started a number of programs to stop this illegal gun trade.

Penalties For Non-Compliance

Penalties For Misuse Of A Licensed Firearm

According to a straightforward interpretation of the Arms Act of 1959 Section 25 (1B), failure to comply with Section 3's requirements is subject to the section's penalties. Thus, in cases where all necessary conditions are met, the convicted party will face the following penalties:

• Two years in jail, with the possibility of an additional five years, as well as a fine.
• However, prior to Act 48 of 2019 adding the aforementioned clauses, the offender received a sentence of one year, with the possibility of an additional three years.
• A sentence of less than two years may be given, nonetheless, if the court finds it appropriate and under specific exceptional circumstances.

Conclusion

Getting a gun license in India requires you to fulfill a number of requirements, including being verified thoroughly, being eligible, and following the law. For those who are considering purchasing a gun, this book offers a comprehensive road map that covers every important detail, from application to renewal. It is lawful and safe for anyone to buy and use weapons in India if they adhere to the specified procedures and comprehend the associated obligations and limitations.

FAQs

1. How long does it take to get a gun license?

After two months of waiting up to three months in some circumstances, depending on the factory's manufacturing system, the buyer receives the handgun. An application for renewal can be used by anybody who wants to extend their firearms license. Along with the gun license and any other paperwork they attested to when they received their license, the client must present the weapon with the renewal form.

2. Is there a mandatory training requirement for obtaining a gun license?

Training isn’t necessary for all gun licenses, but depending upon the type of firearm and the intended use, applicants can be required to complete a firearm safety and handling training course from either a shooting club or an institution, as prescribed.

3. How often does the gun license need to be renewed?

In general, the license has to be renewed after its three-year expiration date.

4. Can a gun license be transferred to another person?

If the original gun license is still in effect at the time of the transfer, the owner may choose to transfer ownership of the weapon to their legal heirs by submitting an application on plain paper and attaching it to their Form A. You can resubmit the application using form A if the first license has expired. It will be necessary to obtain two passport-sized pictures, and the legal heirs shouldn't protest.

5. What should I do if my firearm is lost or stolen?

You would need to report the firearm theft or loss as soon as possible and make sure that your documents, especially the gun license prove your ownership.

6. Can I carry my licensed gun in public?

In India, it is strictly forbidden to carry a licensed gun in public, and often calls for separate permission in addition to the weapon license.

7. Are there any restrictions on where I can use my licensed gun?

In India, not everyone has access to a firearm. When buying a handgun in India, one must have a current gun license that has been granted by the relevant authorities, fulfill the eligibility requirements, and submit the application according to the guidelines.

8. What guns are legal to buy in India?

While automatic firearms are not allowed for public use in India, non-automatic pistols, shotguns, and rifles are lawfully available for purchase.

About The Author:

Adv. Gaurav Ghosh is a highly experienced lawyer with over a decade of practice across Courts and Tribunals in Delhi. His expertise spans constitutional, criminal, commercial, consumer, energy, environmental, medical negligence, property, sports, direct taxes, and service and employment matters. He also provides external counsel services as well as advisory and litigation services and support in Calcutta, Chennai and Lucknow through his team at DLC Partners. Known for his versatility and client-centric approach, Gaurav is a trusted legal advisor in complex cases across multiple jurisdictions, offering strategic and curated solutions for individuals and companies.