Indian Arms Act allows two types of licenses - the NPB or Non Prohibited Bore and the PB, the Prohibited Bore.
A PB or Prohibited Bore license can be issued only to special departments and individuals and will require a direct application to the Home Ministry or the Governor or the Prime Minister - an example of which Dhoni procured a PB license for the 9 mm pistol he owns.
NPB or Non-Prohibited Bore licenses can be issued to anyone of Indian Nationality who can claim a licensee status under the following:
1. Self Defence - Individuals who could be prone to being attacked for reasons including being wealthy, being under threat, etc.
2. General Security - which include provision of security for Banks, Institutions, etc. This can also cover the gun men and protection squad of VVIPs and politicians.
3. Crop Protection - hose who have agricultural or similar lands which need protection from Non-Scheduled pests and vermin, like boars, etc.
4. Sports Shooting - Those under sports shooting discipline who need guns for sports purposes.
5. Returning NRI - Any Indian who is returning to India and has owned a gun in his foreign residence for over 2 years, can apply for an Indian license and bring back the gun they owned abroad.
6. Foreign National Status - Any foreign National is allowed to own and bear arms for a maximum period of 6 months during their stay in India, given valid reasons.
PB and NBP varies by the caliber that these types of guns are. Mostly, PB guns are of the ammo that the defense and similar forces use and hence classified as a non-commercial and non-civilian arm.
For any of the above mentioned categories, certain necessary conditions have to be met, which includes a sane mind and matching physical status. A provision for securely storing the arms. A no-criminal certificate from the local police station. Further clearance from SCP/SP/DCP/Commissioner.
So the license process starts with a physical certificate, followed by a minimum ‘Civilian Training Certificate’ course, due inspections of records and premises by police including neighbor’s NoC, interviews by ACP/SP and/or DCP, post which the license is issued with a time limit of 6 months to purchase he allotted gun.
1. The application for the grant of Arm License is to be submitted in the office of DCP by the applicant or through his representative on the prescribed Performa.
2. Required number of passport size photographs are to be submitted along with the form.
3. Attested copy of the proof of residence i.e. Ration Card, Voter Identity Card, Passport, Electricity Bill (current) etc is to be submitted along with the form.
4. On receipt of an application, the licensing authority shall call for the report of the Officer in charge of the nearest police station on that application. The SHO of the concerned police station conducts a background check of the applicant to ascertain whether he has a past criminal record. Neighbours are asked about the peaceful nature or lack of it of the applicant.
5. The Applicant is then called for an interview by the licensing authority to ascertain if he is of sound mind. The Licensing Authority, after such inquiry, as it may consider necessary to ascertain the soundness of mind of applicant, and after considering the report received from SHO, shall by order in writing either grant the license or refuse to grant the same. Where the licensing authority feels it necessary for the security of the public, peace or for public safety it may refuse to grant such license.
6. The allotted gun could be a rifle, handgun (pistol/revolver) or shotgun (DBBL and SBBL). Allotment of license also covers a maximum number of ammo that can be purchased at one time, and the maximum that can be owned at one time. All these will depend on the need and the decision of the case officer.
7. After issue of license the weapon can be purchased from any authorized dealer/authorized licensee. After purchase of weapon it has to be produced for inspection for getting the entry made in the license booklet.
(a) Sale Through Arms Dealers - Following NPB Arms and Ammunition are sold through the licensed arms dealers spread across the country. A customer can contact any dealer near to his place for his requirements.
(b) Direct Sale from Factories - A customer has to book an order for his licensed weapon at the respective factory (list of factories can be checked at IOF website at bottom) by applying in prescribed application form. Forms can be obtained from the factory or printed from Indian Ordnance Factory website (https://ofbindia.gov.in/index.php?wh=Purchase). Weapons are issued as per serial of booking and have to be collected personally from the factory. Factory intimates the customer in advance the date of collection and other formalities to be completed for purchase of weapon. Marketing section of the factory should be contacted for any query or assistance in purchase of the weapon.
Following documents are required for issue of weapons from factories -
1. Original valid arms license showing entitlement for the weapons with valid date and valid purchase period date; if in other language, should be translated in English or Hindi and attested.
2. One attested photo-copy of the same license.
3. Two copies of No Objection Certificate (NOC) from Licensing Authority- one copy for factory and other copy for Police Authorities.
4. Transport License (T/L) from Police/Licensing Authorities of the place where factory is located.
5. In case your license is valid for All India or for the state where factory is located, then No Objection Certificate & Transport License are NOT required.
(a) In case the holder of a license is prohibited:
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.
(b) Necessary for peace and order:
If the licensing authority feels that it is necessary for peace, security and public safety, it may suspend or revoke it the license.
(c) Fabrication of information:
If the licensing authority confronts with the fact that the license holder hides some information or has given false or wrong information it may suspend or revoke his license.
(d) Breach of a condition:
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.
(e) Application for revoking of license:
The holder himself has given the application for revocation of license to the licensing authority.
(f) Holder convicted by the court:
When the holder of the license is convicted by the court, then his license may be suspended or revoked.
Hence, the High courts, appellate courts, the central government has the power to suspend the license. The holders are supposed to submit their license to the authority as soon as it is suspended or revoked.
A PB or Prohibited Bore license can be issued only to special departments and individuals and will require a direct application to the Home Ministry or the Governor or the Prime Minister - an example of which Dhoni procured a PB license for the 9 mm pistol he owns.
NPB or Non-Prohibited Bore licenses can be issued to anyone of Indian Nationality who can claim a licensee status under the following:
1. Self Defence - Individuals who could be prone to being attacked for reasons including being wealthy, being under threat, etc.
2. General Security - which include provision of security for Banks, Institutions, etc. This can also cover the gun men and protection squad of VVIPs and politicians.
3. Crop Protection - hose who have agricultural or similar lands which need protection from Non-Scheduled pests and vermin, like boars, etc.
4. Sports Shooting - Those under sports shooting discipline who need guns for sports purposes.
5. Returning NRI - Any Indian who is returning to India and has owned a gun in his foreign residence for over 2 years, can apply for an Indian license and bring back the gun they owned abroad.
6. Foreign National Status - Any foreign National is allowed to own and bear arms for a maximum period of 6 months during their stay in India, given valid reasons.
PB and NBP varies by the caliber that these types of guns are. Mostly, PB guns are of the ammo that the defense and similar forces use and hence classified as a non-commercial and non-civilian arm.
For any of the above mentioned categories, certain necessary conditions have to be met, which includes a sane mind and matching physical status. A provision for securely storing the arms. A no-criminal certificate from the local police station. Further clearance from SCP/SP/DCP/Commissioner.
So the license process starts with a physical certificate, followed by a minimum ‘Civilian Training Certificate’ course, due inspections of records and premises by police including neighbor’s NoC, interviews by ACP/SP and/or DCP, post which the license is issued with a time limit of 6 months to purchase he allotted gun.
Detailed process of obtaining a Gun license
The detailed process for obtaining the license of a weapon is mentioned below -1. The application for the grant of Arm License is to be submitted in the office of DCP by the applicant or through his representative on the prescribed Performa.
2. Required number of passport size photographs are to be submitted along with the form.
3. Attested copy of the proof of residence i.e. Ration Card, Voter Identity Card, Passport, Electricity Bill (current) etc is to be submitted along with the form.
4. On receipt of an application, the licensing authority shall call for the report of the Officer in charge of the nearest police station on that application. The SHO of the concerned police station conducts a background check of the applicant to ascertain whether he has a past criminal record. Neighbours are asked about the peaceful nature or lack of it of the applicant.
5. The Applicant is then called for an interview by the licensing authority to ascertain if he is of sound mind. The Licensing Authority, after such inquiry, as it may consider necessary to ascertain the soundness of mind of applicant, and after considering the report received from SHO, shall by order in writing either grant the license or refuse to grant the same. Where the licensing authority feels it necessary for the security of the public, peace or for public safety it may refuse to grant such license.
6. The allotted gun could be a rifle, handgun (pistol/revolver) or shotgun (DBBL and SBBL). Allotment of license also covers a maximum number of ammo that can be purchased at one time, and the maximum that can be owned at one time. All these will depend on the need and the decision of the case officer.
7. After issue of license the weapon can be purchased from any authorized dealer/authorized licensee. After purchase of weapon it has to be produced for inspection for getting the entry made in the license booklet.
Obtaining the Gun
Civilians holding Arms License are allowed to purchase only Non-Prohibited Bore (NPB) category weapons. Sale of weapons is done strictly as per the provisions of the Arms Act, 1959 and the Arms Rules, 1962.(a) Sale Through Arms Dealers - Following NPB Arms and Ammunition are sold through the licensed arms dealers spread across the country. A customer can contact any dealer near to his place for his requirements.
(b) Direct Sale from Factories - A customer has to book an order for his licensed weapon at the respective factory (list of factories can be checked at IOF website at bottom) by applying in prescribed application form. Forms can be obtained from the factory or printed from Indian Ordnance Factory website (https://ofbindia.gov.in/index.php?wh=Purchase). Weapons are issued as per serial of booking and have to be collected personally from the factory. Factory intimates the customer in advance the date of collection and other formalities to be completed for purchase of weapon. Marketing section of the factory should be contacted for any query or assistance in purchase of the weapon.
Following documents are required for issue of weapons from factories -
1. Original valid arms license showing entitlement for the weapons with valid date and valid purchase period date; if in other language, should be translated in English or Hindi and attested.
2. One attested photo-copy of the same license.
3. Two copies of No Objection Certificate (NOC) from Licensing Authority- one copy for factory and other copy for Police Authorities.
4. Transport License (T/L) from Police/Licensing Authorities of the place where factory is located.
5. In case your license is valid for All India or for the state where factory is located, then No Objection Certificate & Transport License are NOT required.
Variation, suspension and revocation of license
The following procedure for variation, suspension and revocation is prescribed under Section 17 of the Arms Act, 1959.(a) In case the holder of a license is prohibited:
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.
(b) Necessary for peace and order:
If the licensing authority feels that it is necessary for peace, security and public safety, it may suspend or revoke it the license.
(c) Fabrication of information:
If the licensing authority confronts with the fact that the license holder hides some information or has given false or wrong information it may suspend or revoke his license.
(d) Breach of a condition:
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.
(e) Application for revoking of license:
The holder himself has given the application for revocation of license to the licensing authority.
(f) Holder convicted by the court:
When the holder of the license is convicted by the court, then his license may be suspended or revoked.
Hence, the High courts, appellate courts, the central government has the power to suspend the license. The holders are supposed to submit their license to the authority as soon as it is suspended or revoked.
Arms Rule 2016
The government has come up with the latest Arms Rule 2016 which supersedes Arms Rules 1962, every person who is applying for the license must undergo a prior procedure:1. Arms and ammunition safety training course, which involves basic arms and ammunition safety practices like firing technique and procedure, safe handling and carry procedures, care of arms and ammunition and their safe storage and transportation.
2. The defence rules say that the granting authority will grant the license to only those people who have an immediate threat to their life because of the geographical reasons pertaining to the residents near borders or frequent chances of attacks by militants. Apart from them, people holding important public office like a government official, MLA, MP or their family members may be given the license.
3. According to the new rule, the granting authority must ask for a report from the nearest police station and after receiving the report he must agree or refuse to grant license within sixty days after the submission of the report.
2. The defence rules say that the granting authority will grant the license to only those people who have an immediate threat to their life because of the geographical reasons pertaining to the residents near borders or frequent chances of attacks by militants. Apart from them, people holding important public office like a government official, MLA, MP or their family members may be given the license.
3. According to the new rule, the granting authority must ask for a report from the nearest police station and after receiving the report he must agree or refuse to grant license within sixty days after the submission of the report.
Frequently Asked Questions
1) Who can become a gun dealer?Ans: A person who is willing to take the license must give written notification to the nearest police station. Further, a person needs to fill the ATF form which asks for the details including business name, contact details, tax ID number and zoning description. Then the application must be taken to the nearest law enforcement agency for the fingerprint, which may charge a fee, which differs from place to place. For fulfilling a procedure a fee is applicable and after the fulfillment of the procedure a person gets call for interview from ATF and if the AFT is satisfied then a gun dealer gets approval.
2) How to get gun shop license?
Ans: The gun dealers has been granted a license after filling the Form XI, XII, XIII or XIV shall be issued a composite license in Form VIII for the gun shop and also for the deposit of arms. These licenses are issued by the state government and renewed by the District Magistrate. Moreover, a dealer who wish to extend a service of the repairs of firearms have to obtain a license by filling a Form IX/ IX-A whichever is applicable.
3) Who can acquire guns without license?
Ans: Defence Service Rules empowers the defence personnels to have a gun without a license. Besides firearms issued under their service the military officials are given the privilege to keep one personal firearm. The only condition is that they need to inform about the same to their Commissioned Officer (CO) and their CO enter the details including serial number of that gun in the register.
4) How an Arms license is renewed?
Ans: Licensee should fill-in the renewal form and affix Rs. 5/- Court fees stamp thereupon. The licensee should produce his weapon and license for inspection at the time of renewal and pay the renewal fees. Renewal will be done immediately and the necessary noting about renewal will be made in the license.
5) What to do if license has expired three months back?
Ans: Fill up the renewal from, produce the weapon for inspection along with the license. You have to pay late fee and thereafter, the license will be renewed on satisfaction of the issueing authority about the delay.
6) What to do if license has expired more than a year back?
Ans: Produce the weapon for inspection before the licensing authority along with the renewal form. Submit your explanation for the delay preferably with the documentary support for the same. You will be issued with a Show Cause Notice. Submit your reply within 15 days. The issue will be decided by the licensing authority on merits of the case, and the decision will be communicated to you by letter, through the concerned Police station.
7) What to do if license holder was out of station and hence could not renew the license in time?
Ans: Below steps needs to be followed in this case.
1. Deposit the weapon at the nearest Police station
2. Obtain receipt for the same
3. Fill up the renewal form as an agent of the license holder and submit the same.
4. When the license holder returns, direct him to the office of licensing authority for renewal of his arms license, as explained above.
8) How to obtain a T.J.P. (Temporary Journey Permit)?
Ans: To obtain a Temporary Journey Permit:
1.Submit an application as per the format (TJP - Temporary Journey Permit) with Rs. 5/- Court Fees Stamp.
2. Attach a copy of the license.
3. Next day, pay a fee of Rs. 20/-. If approved, your TJP will be issued on the next day.
4. TJP is only valid for 30 days and is subject to local restrictions imposed by the local authority
9) How do I get a license for property protection (Per-Pro Basis)?
Ans: License for property protection is granted on Per-Pro basis. The procedure is same as that of obtaining a new license.
10) My father/uncle/husband/relative was a license holder. He expired and now the license or the weapon is in my possession. What should I do?
Ans:
1. You have to deposit the weapon and the original license (with ammunition) for safe custody at the nearest police station. A safe custody receipt will be issued to you.
2. If you want to retain the weapon, submit your application for a new arms license in form A.
3. Attach copy of death certificate with application.
4. The weapon can be kept in safe custody for one year. Charges for safe custody are @ Rs.50/- for per year.
5. Procedure for issuing a new license is same as explained above.
6. Please remember that grant of new license depends on your eligibility.
11) My father/relative is old. He wishes to give me his weapon. What is the procedure?
Ans:
1. Make an application for arms license in form A.
2. Attach a consent letter of the license holder with an affidavit on Rs. 20/- stamp paper.
3. Attach NOC from all legal heirs on a Rs.20/- stamp paper, duly notarized.
4. The remaining procedure is same as for procuring a new license.
5. Please remember, grant of license depends upon your eligibility, and not on the wishes of donor.
12) I want to sell my weapon. What is the procedure?
Ans:
1.Submit an application (on plain paper) with Rs.5/- court fees stamp and attach a copy of your license.
2. Inform Arms and Ammunition Branch/DM with relevant documents.
3. If all documents are in order, sale permission will be issued.
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