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Overview Firearm/Gun license
In India, a gun license is an official permission to buy, possess, own, or carry a handgun issued by local police. There are NPB (Non-Prohibited Bore) and PB (Prohibited Bore) licenses, the latter for defence personnel. The license is valid for three years, extendable a month before expiry. Regulated by the Arms Act of 1959 and Arms Rules of 1962, the process involves complexity and costs. The scope depends on firearm type, and in serious threats, citizens can obtain a gun permit.
Benefits of Firearm/Gun license
Enhanced Security Measures
Acquiring a firearm/gun license empowers security personnel to establish a robust security presence, dissuading potential threats and unauthorised access.
Prompt Crisis Response
Licensed and trained security staff enable swift responses during critical situations, reducing potential harm and minimising losses.
Asset Protection
Businesses dealing with valuable assets can leverage firearm/gun licenses to safeguard against theft and protect sensitive materials from unauthorised access.
Comprehensive Employee Training
Obtaining a firearm/gun license involves rigorous training, elevating security personnel's skill set and confidence for more effective protection.
Liability Management
Adhering to legal firearm ownership and usage requirements lowers business liability, showcasing commitment to responsible practices and risk mitigation.
Tailored Security Solutions
Licensed personnel offer the flexibility to tailor security strategies to match specific needs, leading to efficient and effective security protocols.
Industry Compliance
Certain industries mandate licensed firearm holders for lawful operations, ensuring alignment with sector-specific regulations and standards.
Safeguard Reputation
Responsible firearm ownership, backed by licensing, reflects positively on the business's reputation, promoting a safe and secure environment.
Customised Training Programs
Licensed staff can provide specialised training to employees, enhancing their ability to handle security-related matters efficiently.
Legal Protection
By obtaining and maintaining a firearm/gun license, businesses ensure they are operating within the bounds of the law, minimising legal complications.
Eligibility Criteria
The eligibility criteria for obtaining a gun license are outlined by the Arms Act, 1959, and the Arms Rules, 2016. As of my last knowledge update in September 2021, here are the general eligibility criteria for obtaining a gun license in India:
- Age: Applicants for a firearm license must be at least 21. There are exceptions for certain categories, such as sport shooters and individuals engaged in professional security work, who may be eligible at a younger age.
- Need and Justification: Applicants must provide a valid reason for needing a firearm. Common reasons include self-defence, sports shooting, hunting, and professional security roles. The applicant's need for a firearm is critical in the licensing process.
- Clean Criminal Record: Applicants should not have a history of serious criminal offences. Individuals with a criminal record or pending criminal cases are generally disqualified from obtaining a gun license.
- Mental Health: Applicants are required to provide a certificate from a registered medical practitioner indicating mental stability and fitness to possess a firearm.
- Local Verification: The local police will conduct a thorough background check and verify the applicant's character and antecedents.
- Training and Competency: Depending on the type of firearm and intended use, applicants may need to complete a firearm safety and handling training course from a recognized institution or shooting club.
- Proof of Address and Identity: Applicants must provide valid proof of residence and identity, such as an Aadhar card, passport,PAN card, or voter ID.
- References: Applicants often need to submit character references from respectable citizens who can vouch for their credibility and suitability to possess a firearm.
- Waiting Period: There is usually a mandatory waiting period between applying for a gun license and its approval. This period allows for proper verification and due diligence.
- Restricted Categories: Certain categories of individuals, such as individuals involved in political or social activism, are generally not granted firearm licenses.
- Limitations: The number and type of firearms an individual can own are often limited based on the purpose and need. The law usually prohibits owning military-grade or prohibited weapons.
Checklist for Applying for a Firearm/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-defence, 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 organisations)
- 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).
Documents Required
- Application Form
- Address Proof
- Identity Proof
- Passport-size Photographs
- Proof of Income
- No Objection Certificate (NOC)
- Character Reference
- Self-Declaration
- Medical Certificate
- Firearm Training Certificate
- Proof of Membership
- Proof of Need
- Affidavit
Procedures to Get a Firearm/Gun License
Step 1: Submit your application
Our experts will review and submit your application on your behalf.
Step 2: Application Review and Community Input
Police will review your application, checking for criminal history and correct address. They talk to people around you to assess your behaviour. This helps determine your eligibility for a firearm license and keeps the process secure.
Step 3: Evaluation and License Issuance
After a thorough review, your application is submitted, and if approved, you receive your gun license. You can then legally purchase a firearm from certified dealers.
Renewal of Firearm/Gun License
Individuals possessing firearm licenses can submit a written request to the district magistrate for renewal. Confirming the applicant's eligibility before proceeding with the application is important.
Suspension and Revocation of Firearm/Gun License
Suspending or revoking a gun license are distinct terms with differing implications. While the grounds for both actions may be the same, the licensing authority holds the discretion to choose between suspension and revocation based on the case's specifics. To ensure order and tranquillity, reasons like providing false information and violating conditions determine whether a gun permit is suspended or revoked.
The licensing authority can suspend a gun permit for a defined period under the conditions stipulated by the act. However, the suspension order only takes effect once the concerned party is given an opportunity to be heard and any obligations they might have are examined.
Transfer of Firearm/Gun License
Transferring a firearm license is necessary when an individual relocates permanently to a different state. This process involves re-registering the license with the new state's authorities and providing documentation to support the transfer.
Cancellation of Firearm/Gun License
- Concealing crucial facts or providing incorrect information during the gun license application process can lead to license cancellation
- Officials have the power to suspend gun licenses temporarily
- A licensing officer can initiate license suspension if the gun owner violates certain provisions of the act
- Suspensions may also occur due to public safety concerns or failure to surrender the firearm after the license's expiry.
Retaining or Surrendering Guns
Individuals holding more than three guns under a single license before or after the 1983 amendment must surrender excess firearms. The surrendered firearms can be submitted to designated authorities or retained by union armed forces members.
Prohibited Bore (PB) and Non-Prohibited Bore (NPB) Weapons
Aspect | Prohibited Bore (PB) Weapons | Non-Prohibited Bore (NPB) Weapons |
---|---|---|
Definition | High-powered firearms with restrictions | Firearms with less power and restrictions |
Typical Examples | High-calibre handguns, assault rifles | Small-calibre handguns, rifles, shotguns |
Regulations and Restrictions | Subject to stricter regulations | Subject to comparatively fewer regulations |
Licensing Requirements | More stringent criteria for ownership | Relatively less stringent ownership criteria |
Licensing Authority Discretion | Licensing authority exercises greater discretion | Licensing authority exercises moderate discretion |
Licensing Purpose | Typically restricted to specific needs | Used for various purposes including sports shooting |
Potential for Harm | Greater potential for harm and damage | Lesser potential for harm and damage |
Background Checks and Evaluation | More thorough background checks | Comprehensive evaluation of applicants |
Legal Implications | May require additional legal scrutiny | Generally subject to standard legal scrutiny |
License Conditions | May come with specific usage conditions | Conditions may be less restrictive |
Common Examples of Firearms | High-calibre rifles, machine guns | Handguns, rifles, shotguns |
Obtain a License To Import – Export Guns
- Prohibition on citizens for importing/exporting guns under general law based on foreign trade policies.
- Exceptions for specific items, like arms, allow import under certain conditions.
- Initial step: Obtain the necessary license from the relevant authority.
- Direct engagement with government agencies for detailed arms import procedures.
- Essential documents for import process: Import-related documents, custom clearance certificates, certificates of origin.
- Certification is required before exporting goods from least developed countries.
Area validity of Arms licences
Regarding Prohibited Bore (PB) weapons, the Central Government evaluates requests for extending the area of validity to one or multiple states or even across the entire country. These decisions are based on the justifications presented by the weapon holder.
For Non-Prohibited Bore (NPB) weapons, State Governments have received directives to cautiously assess appeals for granting All India Validity (AIV). The evaluation process depends on recommendations from the relevant District Magistrate, considering factors like request genuineness, local context, and law and order situation.
State Governments are advised to grant area validity within three adjoining states and consider AIV for specific categories:
- Current Union Ministers/Parliament Members
- Military and Paramilitary Personnel
- All-India Services Officers
- Officers with a nationwide service obligation
In cases beyond these categories, State Governments should obtain prior approval from the Ministry of Home Affairs (MHA) with comprehensive explanations. All India Validity can be allowed for three years, subject to reconsideration after this period with MHA's agreement. The State Government should provide MHA with quarterly updates on All-India validity data.
Grant of Arms Licences Under Family Heirloom
Transfer of PB/NPB Weapons to Legal Heirs
- Existing license holders can transfer PB/NPB weapons to their legal heirs.
- The transfer is applicable if the licensee has owned the weapon for 25+ years or is aged 70+.
- Transfer applications submitted to MHA and State Government/DM.
- The legal heir must be eligible for a license under the Arms Act and competent in handling the weapon.
- Legal heirs include sons, daughters, wives, and husbands.
- Licensee can transfer the license to legal heirs without objection upon passing.
- Exceptions for transfer to sons-in-law, daughters-in-law, brothers, and sisters.
- Transfers are based on merit and subject to a 'No Objection Certificate' from other legal heirs after the licensee's death.
Firearm Types and Classifications
Firearm Types and Classifications | Description and Characteristics | Common Examples |
---|---|---|
Handgun | Compact firearms designed to be held and operated with one hand. | Pistols, Revolvers |
Rifle | Long-barreled firearms designed for accuracy at longer distances. | Bolt-Action Rifles, AR-15 |
Shotgun | Firearms with a smooth-bore barrel for firing multiple pellets. | Pump-Action Shotguns, Double-Barrel Shotguns |
Assault Rifle | Rapid-firing, magazine-fed rifles with select-fire capabilities. | AK-47, M16 |
Submachine Gun | Compact automatic firearms, often used in close quarters. | Uzi, MP5 |
Machine Gun | Fully automatic firearms capable of sustained rapid fire. | M249 SAW, Browning M2 |
Sniper Rifle | Precision rifles designed for accurate long-range shooting. | Barrett M82, Remington 700 |
Derringer | Very small, concealable handguns, typically with multiple barrels. | Bond Arms Derringer |
Musket | Antique firearms with a long barrel, muzzle-loaded with black powder. | Flintlock Musket |
Carbine | Short-barreled rifles, often used by military and law enforcement. | M4 Carbine, Winchester Model 1892 |
Application Guidelines for Firearms Licenses under Arms Rules 2016
Manufacturer's License Application
All manufacturers intending to obtain a new license under the regulations outlined in the Arms Rules 2016 must meet the following criteria:
- The manufacturer must be an Indian company duly incorporated under the provisions of the Companies Act of 2013 (18 of 2013).
- The applicant company should be owned and controlled by resident Indian citizens or by Indian companies that are similarly owned and managed by resident Indian citizens. This condition does not apply to companies with Foreign Direct Investment (FDI) exceeding forty-nine per cent.
- The Chief Executive of the applicant company must be a resident Indian.
- The management of the applying company should be predominantly under Indian control, with a majority representation on the Board. This excludes nominees or independent directors, except for companies with FDI beyond forty-nine per cent.
Individual, Sports Individual & Institution Firearms License Application
Individuals, sports individuals, and institutions applying for new firearms licenses under categories A1 and A3, as per schedule III of the Arms Rules 2016, should complete the application using FORM II, III, and IV.
Renewal of Firearms License Application
For the renewal of firearms licenses falling under categories A2 and A4, as outlined in schedule III of the Arms Rules 2016, individuals and institutions must follow the renewal process using FORM II, III, IV, and V.
Fresh Arms Dealer License Application
Individuals and firms interested in obtaining a new firearms dealer license under category A6, as per schedule III of the Arms Rules 2016, must submit their application using FORM VIII and VIII-A.
Number of Guns under a License
- Owners with over three guns under one license before/the amendment of 1983 can retain three and surrender the rest.
- Surrendered guns can be submitted to the nearest police station's officer, a licensed dealer, or retained if a Union armed forces member.
Why Vakilsearch?
Here are some reasons why you might consider using Vakilsearch for your gun license:
- Expertise in Legal Matters: Vakilsearch is known for its expertise in various legal matters, including licensing and permits. They likely have a team of experienced legal professionals who are well-versed in the procedures and requirements for obtaining a gun license.
- Simplified Process: Acquiring a gun license can often involve complex paperwork and legal formalities. Vakilsearch could potentially simplify these processes by providing easy-to-understand guidance, filling out forms accurately, and ensuring all necessary documents are in order.
- Time-Saving: Applying for a gun license can be time-consuming due to the bureaucratic nature of the process. Vakilsearch could save you time by handling the administrative tasks on your behalf, allowing you to focus on other important matters.
- Reduced Errors: Mistakes in your application can lead to delays or even rejection of your gun license. Vakilsearch's legal experts might help minimise errors by thoroughly reviewing your application and documents before submission.
- Legal Updates: Laws and regulations surrounding gun licenses can change over time. Vakilsearch may stay up-to-date with these changes, ensuring that your application adheres to the latest requirements
- Vakilsearch's e-FIR : This service is a modern solution designed to simplify police formalities. Instead of traditional in-person visits to a police station, this service allows individuals to file a First Information Report (FIR) online. By digitising this process, Vakilsearch aims to streamline and expedite the reporting of crimes or incidents to law enforcement.
- Personalized Assistance: Depending on the complexity of your case, Vakilsearch could offer personalised assistance tailored to your specific situation. This could be especially valuable if you have unique circumstances or questions about the application process.
- Customer Support: Vakilsearch might provide customer support to address any queries or concerns you have throughout the application process. This support can be crucial, especially if you're unfamiliar with legal procedures.