• Gun License

I am a shooter (sport). I am member of two Rifle clubs of Kolkata. I have fire arms training certificate. pan, aadhaar, passport .. everything. But licensing authority told me at first I have to participate on pistol shooting then they may give me it. I get harassment day by day. Under the law I saw that, 0.22 bore for target practice (sport) is our right. they must give it to me. I need Pistol 0,22 for sport and target practice. I have all the papers they need but, bad luck is that they do not treat me. I am not Gunda, or convicted neither any criminal case against me till today. so may I pray for license in the High court or may I pray to direct Licensing authority to give me License ?
Asked 8 years ago in Constitutional Law

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17 Answers

Approach the High Court and file a writ of mandamus against the licensing authority.

Seek a direction against the licensing authority so that your application for license is treated in accordance with law and disposed off accordingly.

Contact a local lawyer practising in the High Court on the Civil side.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Respected sir...

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 the civilians to get a gun license if they have a major threat towards their life.

But, how to prove the threat?

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

How to get Gun License

The first step is to submit an application. 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 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 malicious treatment or if they have seen the person getting involved in fights due to anger or burst out.

To determine 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 stated as one of the major reasons why most people in India wants a gun and it is accepted 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 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 obviously have 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....

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

To be eligible to get an arms licence under the sports quota, you need to be a registered target shooter, which can be done by signing up with a local shooting club.

2)Issuing a licence is the prerogative of the state police or the district magistrate.

3) if you have a licence under the sports quota, and you are a “renowned shooter”, you can buy up to seven weapons — four related to the event the shooter specialises in, and three other weapons. Once a weapon has been purchased, it has to be entered into the licence book by the issuing authority, which is one way of keeping a check on its misuse

4)if your application is rejected file writ petition in HC to direct authorities to issue you arms licence

Ajay Sethi
Advocate, Mumbai
99772 Answers
8145 Consultations

Firstly, make a representation to the concern authority to grant you the pistol.

Secondly, wait for one week.

Thirdly and Lastly, then move before the high court under the writ of Mandamus against the authority.

Good Luck...!

Can call me for further assistance.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Hi

You should first try filing an application with the licensing authorities. If they donot Act then send them a legal notice and if that also doesnot workout for you then the court will be only option left with you.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1/ Well, issuing gun license is discretionary power which is vested with the issuing authority.

2. Apart form your address proof many factors are taken into consideration including your police record,

3 if you have no previous criminal antecedents then your training in rifle shooting augurs well for getting the license.

4. If they refuse then filing writ petition is an option for you.

Feel free to contact if you wish to get assistance in filing writ petition.

Devajyoti Barman
Advocate, Kolkata
23650 Answers
537 Consultations

I got it that is why telling you to approach the high court as soon as possible.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Under the circumstances file writ in HC to direct authorities to issue you licence

Ajay Sethi
Advocate, Mumbai
99772 Answers
8145 Consultations

Ans. As per rule 36 of the Arms Rules, 2016 any person who applies for a licence to possess permissible category of arms in Form III in order to practice sport shooting shall be required to show evidence that he participates in such activities or that he is in a structured learningprocess

However, the use of arms that are licensed for the purpose of sport shooting shall be limited to practice and competition at sport shooting clubs or at shooting ranges.

Ajay Sethi
Advocate, Mumbai
99772 Answers
8145 Consultations

dear friend, obtaining a fire arm license is not an easy task, however, first of all you have to approach the District Magistrate and move an application stating the reason for obtaining a fire Arm License, there is prescribed format, then received them manually as well as send it by registered post so that you will have a proof for future action, then wait for some time, along with your application attached some document relating to your sports evidencing the factum that your r a sports person.

then wait for some time if nothing is done by the authority then you can approach the high court for expedite of the proceedings.

then place that order before the DM.

then the concerned DM will take some action either he will allow your application or reject.

if he has rejected then you can again approach the high court.

follow this link it will be help full to u.

http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do

http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do

Atul Shahi
Advocate, Allahabad
160 Answers
1 Consultation

Dear Concerned,

File a writ in the High court and make the licence issuing authority and the state party to the suit - post argument you would surely get .22. licence for career purposes.

Best of luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

1. Rule 36 of the Arms Rules, 2016 lays down that any person who applies for a licence to possess permissible category of arms in Form III in order to practice sport shooting shall be required to show evidence that he participates in such activities or that he is in a structured learning process .

2. Issue of gun license is the discretion of the licensing authority but this discretion has to be exercised in a judicious and not arbitrary manner.

3. In these circumstances you may file a writ petition to challenge the refusal of gun license.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Client,

Until u not apply for grant of license, y will they entertain u.

File application for grant of license in given format/form annexed with required documents.

AND where the licensing authority refuses to grant a license it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement-.

Challenge the order of refusal before appellant authority or it may be High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

First you apply for the licence in writing and get the reply ion writing from the licence issuing authority either grant or refusal.

If refused then you may see if the reasons stated therein are genuine and needs rectification from your side, if yes, then you can rectify the application and submit it once again complying with the requirement stated therein.

If the reasons for refusal do not conform to the provisions of law, then you may drag the authority to the court of law with a suit for mandatory injunction directing the authority to grant the licence as per provision of law.

T Kalaiselvan
Advocate, Vellore
89972 Answers
2490 Consultations

I am not renowned shooter. To be a renowned shooter I have to qualify National Level and achieve MQS. If I do not have 0,22 pistol to participate how can it possible to be a renowned shooter. Please try to understand my problem. You do not hope to play cricket in national / state level without a Bat, or Ball or wicket in good quality. So need 0.22 Pistol to get a Good Score. Do you understand my problem ?

So you compare cricket bat with the rifle?

The license authority shall refuse to grant a license:

This Act allows the civilians to get a gun license if they have a major threat towards their life.

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).

Now, every person who is applying for arms license have 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 safe keeping 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 by reason of being inhabitant of their region or zones, where they have 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.

The reasons for refusal is

Where such license is required in respect of any prohibited arms or prohibited ammunition;

Where such is required by a person whom the licensing authority has reason to believe:

To be prohibited by the Indian Arms Rules or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition.

To be of unsound mind.

To be for any reason unfit for a license.

T Kalaiselvan
Advocate, Vellore
89972 Answers
2490 Consultations

Hello,

Apply for the gun license with the authority and then file a writ in the High Court and seek appropriate order for the issuing authority

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Getting a gun for practice is your right and can not be taken away by the authorities without any reason.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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