How to get a Gun License in India? All about Guns!

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https://www.lawordo.com
https://www.lawordo.com

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

But, how to prove the peril?

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

How to get Gun License

  • The first step is to render an application. One can receive the application form from the district superintendent of the police of the particular state it is in.
  •  After receiving the application, the police will check if there are any past records of any kind of criminal activity and they will also check if the address given is authentic or not.
  • There are a lot of information gathered about the person who wants to obtain a gun, which also includes asking the people in the surrounding or neighborhood if they see any kind of wicked treatment or if they have seen the person getting engaged in fights due to anger or burst out.
  •  To decide if the person is mentally or physically ill or not, the DCP does an interview of the person who wants to get the gun license.
  • In the interview, the main question is- why do you need a gun? Self-defense is declared as one of the major reasons why most people in India want a gun and it is affirmed also. One can also ask for a gun license if he/she wants protection from the wild animals.
  • After the interview, the DCP sends the reports to both the crime branch and the national crime record bureau.

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

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

https://www.lawordo.com/
https://www.lawordo.com/

Get Application Form For Gun License

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

Documents required for getting the gun from the factory-

  1. Issued a license with valid date and place and should be each in English or in Hindi.
  2. A photocopy of the Gun license.
  3. 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 if the gun license is valid across India then, there is no need to provide with NOC certificate).
  4. There is also a need of transport license of the place where the factory is located.

One cannot dispense letters just on the basis of the authorities but, the delivery can be permitted to the retainer only on the behalf of the customer. Now, this also requires some further information including the name of the retainer along with the passport size picture and an authorization letter signed by the retainer himself.

Get A Gun From-

Guns For customers Price (Excluding TAX)
0.32″ Revolver MK-III 64,000 Rupees
0.32″ Revolver (Long Barrel) (ANMOL) 87,500 Rupees
0.32″ Revolver MK-III(L) (Nirbheek) 96,500 Rupees
0.32″ Revolver (MK-IV) 68,000 Rupees
0.32″ Pistol 70,000 Rupees
0.22″ Sporting Rifle 38,200 Rupees
0.30-06″ Sporting Rifle 86,250 Rupees
0.315″ Sporting Rifle 56,100 Rupees
0.22″ Revolver 40,900 Rupees
0.22″ Revolver NIDAR 40,400 Rupees

How To Obtain A Gun In India?

It demands about 2 months of waiting time for the gun to be secured to the customer and in some cases, it can go up to 3 months based on the manufacturing system of a particular factory.

If somebody wants to renew the gun license, there is a revival 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 which they’d already attested at the time of getting their license.

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

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

How To Sell Your Licensed Gun

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

They should give all the documents which they earlier submitted for getting the weapons issued.

Can The Gun Be Transferred?

If the original gun license is present throughout the lifetime of the person who wants to transfer the ownership of the weapon to the legal heirs by making application on a plain paper and this paper will be attached with the Form A of the person to whom the transfer of the license is given.

If the original license has lapsed, then the application can be made again in the form A. There will be the requirement of 2 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 abroad citizens of India depends on the particular residence of the overseas citizen.

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

For example, if he wants the license for hunting purpose.

But, for the overseas citizens who come to India for a short span of time, it gets very tough for them to attain a license.

Cancellation Of Gun License

  • If the person during the course of getting a gun license, suppresses or does not communicate the right material facts for obtaining the gun license then the officials can revoke the license. The officials can also suspend a gun license for a particular period of time.
  • The license officer can suspend a gun license if he is convinced 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 also if the delivery of the weapon is not done after the end of the license term.

Obtain a License To Import – 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 definite exceptions to this to import any item to another country-

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

Amount of Guns to be Owned with one Gun license

An Indian citizen can hold more than 1 guns on one arms license. But, each type of firearm needs to be individually endorsed after taking the due permission from the licensing authority.

So, For example, let’s say you initially apply for an arms license for a handgun (NPB pistol/ revolver), the license is allowed 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 the 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 allow the application only then can another arm can be purchased. There is a supreme limit of three firearms that an individual can own at any given point.

Latest News Regarding Arms Rules

Now, every person who is applying for arms license has to go through a protection 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 people who confront grave and foresee risk to their life by the logic of being an inhabitant of their region or zones, where they have a threat to their lives and the extremists are most active.

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

Licenses will be issued only for 3 categories

  1. Self-defense
  2. Sports
  3. Crop protection

The government has allowed citizens to hold licensed electronic disabling devices such as taser gun. The central purpose of issuing a taser gun 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 1 states or all over India is to be examined 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 thoroughly 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 directed to allow area validity up to a maximum of three adjoining States and also to consider AIV requests at 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 candidates not covered by the above categories, the State Government shall seek the prior concurrence of MHA(Ministry of Home Affairs) with full clarification in deserving cases. All India Validity can be allowed for 3 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 licenses 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 twenty-five 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 circumstance that the legal heir should be qualified to get the license under the Arms Act and should be capable of handling the weapon.

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

There are cases where the licensee have requested to transfer the license in favor of 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 unwilling to hold the license. It has a 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 heir subject to ‘No Objection Certificate’ from other legal heirs.

LICENSE EXEMPTION FOR DEFENCE PERSONNEL

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

According to section 3 and 4 of Armed act,1959 all person in India can have a license issued for possessing, acquiring or carrying any arm or firearm.  Section 41 of Armed act is penal provision for contravention of the act. Established to notify in the official Gazette, exempt any person or class of people or reject 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 assigned a general order i.e, all junior commissioned officer, warrant officer, petty officers, non-commissioned officers and soldiers of armed forces whether in service or retired are excused 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 denotes any kind of changes or alteration or any difference from that of the present condition in the license typically within the given limits. The licensing authority can vary the condition to which license is already granted except for the ones which are prescribed through the act which are mandatory.

  1. The license-holder by a notice in writing is asked to deliver the license to the licensing authority within the specified time.
  2. The licensing authority may enact 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 a temporary or permanent ban of holding a license or having the possession or use of the firearm. Revocation means a total abandonment 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.

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