Arms Act, 1959
CHAPTER II : ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT
AND TRANSPORT OF ARMS AND AMMUNITION
3. Licence for acquisition and possession of firearms and ammunition
6[(1)]
No person shall acquire, have in his possession, or carry any firearm
or ammunition unless he holds in this behalf a licence issued in accordance
with the provisions of this Act and the rules made thereunder :
Provided
that a person may, without himself holding a licence carry any firearms
or ammunition in the presence, or under the written authority, of the
holder of the licence for repair or for renewal of the licence or for
use by such holder.
7[(2)
Notwithstanding anything contained in sub-section (1), no person, other
than a person referred to in sub-section (3), shall acquire, have in his
possession or carry, at any time, more than three firearms :
Provided
that a person who has in his possession more firearms than three at the
commencement of the Arms (Amendment) Act, 1983, may retain with him any
three of such firearms and shall deposit, within ninety days from such
commencement, the remaining firearms with the officer in charge of the
nearest police station or, subject to the conditions prescribed for the
purposes of sub-section (1) of section 21, with a licensed dealer or,
where such person is a member of the armed forces of the Union, in a unit
armory referred to in that sub-section.
(3)
Nothing contained in sub-section (2) shall apply to any dealer in firearms
or to any member of a rifle club or rifle association licensed or recognised
by the Central Government using a point 22 bow rifle or an air rifle for
target practice.
(4)
The provisions of sub-section (2) to (6) (both inclusive) of section 21
shall apply in relation to any deposit or firearms under the proviso to
sub-section (2) as they apply in relation to the deposit of any arm or
ammunition under sub-section (1) of that section.]
4. Licence for acquisition and possession of arms of specified
description in certain cases
If the
Central Government is of opinion that having regard to the circumstances
prevailing in any area it is necessary or expedient in the public interest
that the acquisition, possession or carrying of arms other than firearms
should also be regulated, it may be, notification in the Official Gazette,
direct that this section shall apply to the area specified in the notification
and thereupon no person shall acquire, have in his possession or carry
in that area arms of such class or description as may be specified in
that notification unless he holds in this behalf a licence issued in accordance
with the provisions of this Act and the rules made thereunder.
5. Licence for manufacture, sale, etc., of arms and ammunition
8[(1)]
No person shall -
(a)
9[use, manufacture,] sell, transfer, convert, repair, test or prove, or
(b)
express or offer for sale or transfer or have in his possession for sale,
transfer, conversion repair, test or proof,
any
firearms or any other arms of such class or description as may be prescribed
or any ammunition unless he holds in this behalf a licence issued in accordance
with the provisions of this Act and the rules made thereunder.
8[***]
10[(2)
Notwithstanding anything contained in sub-section (1) person may, without
holding a licence in this behalf, sell or transfer any arms or ammunition
which he lawfully possesses for his own private use to another person
who is entitled by virtue of this Act, or any other law for the time being
in force to have, or is not prohibited by this Act or such other law from
having in his possession such arms or ammunition :
Provided
that no firearm or ammunition in respect of which licence is required
under section 3 and no arms in respect of which a licence is required
under section 4 shall be so sold or transferred by any person unless-
(a)
he has informed in writing the district magistrate having jurisdiction
or the officer in charge of the nearest police station of his intention
to sell or transfer such firearms, ammunition or other arms and the name
and address of the person to whom he intends to sell or transfer such
firearms, ammunition or the other arms, and
(b)
a period of not less than forty-five days has expired after the giving
of such information.]
6. Licence for the shortening of guns or conversion of imitation
firearms into firearms
No person
shall shorten the barrel of a firearm or convert an imitation firearm
into a firearm unless he holds in this behalf a licence issued in accordance
with the provisions of this Act and the rules made thereunder.
Explanation
:- In this section, the expression "imitation firearms" means
anything which has the appearance of being a firearm, whether it is capable
of discharging any shot, bullet or other missile or not..
7. Prohibition of acquisition or possession, or of manufacture
or sale, of prohibited arms or prohibited ammunition
No person
shall-
(a)
acquire, have in his possession or carry ; or
(b)
11[use, manufacturer,] sell, transfer, convert, repair, test or prove;
or
(c)
expose or offer for sale or transfer or have in his possession for sale,
transfer, conversion, repair, test for proof,
any
prohibited arms or prohibited ammunition unless he has been specially
authorised by the Central Government in this behalf.
8. Prohibition of sale or transfer of firearms not bearing identification
marks
(1)
No person, shall obliterate, remove, alter or forge any name, number or
other identification mark stamped or otherwise shown on a firearm.
(2)
No person shall sell or transfer any firearm which does not bear the name
of the maker, manufacturer’s number or other identification mark
stamped or otherwise shown thereon in a manner approved by the Central
Government.
(3)
Whenever any person has in his possession any firearm without such name,
number or other identification mark on which such name, number or other
identification mark has been obliterated, removed, altered or forged,
it shall be presumed unless the contrary is proved, that he has obliterated,
removed, altered or forged that name, number or other identification mark:
Provided
that in relation to a person who has in his possession at the commencement
of this Act any firearm without such name, number or other identification
mark stamped or otherwise shown thereon, the provisions of this sub-section
shall not take effect until after the expiration of one year from such
commencement.
9. Prohibition of acquisition or possession by, or of sale or
transfer to young persons and certain other persons of fire arms, etc.
(1)
Not withstanding anything in the foregoing provisions of this Act-
(a)
no person,-
(i)
who has not completed the age of 12[twenty-one years], or
(ii)
who has been sentenced on conviction of any offence involving violence
or moral turpitude to imprisonment for 12[any term] at any time during
a period of five years after the expiration of the sentence, or
(iii)
who has been ordered to execute under Chapter VIII of the 12[Code of Criminal
Procedure, 1973 (2 of 1974)] a bond for keeping the peace or for good
behaviour, at any time during the term of the bond;
Shall
acquire, have in his possession or carry any firearm or ammunition;
(b)
no person shall sell or transfer any firearm or ammunition to, or convert,
repair, test or prove any firearm or ammunition for, any other person
whom he knows, or has reason to believe-
(i)
to be prohibited under clause (a) from acquiring, having in his possession
or carrying, any firearm or ammunition, or
(ii)
to be of unsound mind at the time of such sale or transfer, or such conversion,
repair, test or proof.
(2)
Notwithstanding anything in sub-clause (I) of clause (a) of sub-section
(1) a person who has attained the prescribed age-limit may use under prescribed
condition such firearms as may be prescribed in the course of his training
in the use of such firearms:
Provided
that different age-limits may be prescribed in relation to different types
of firearms
10. Licence for import and export of arms, etc.
(1)
No person shall bring into, or take out of India by sea, land or air any
arms or ammunition unless he holds in this behalf a licence issued in
accordance with the provisions of this Act and the rules made thereunder
:
provided
that-
(a)
a person who is entitled by virtue of this Act or any other law for the
time being in force to have, or is not prohibited by this Act or such
other law from having, in his possession any arms or ammunition, may without
a licence in this behalf bring into, or take out of, India such arms or
ammunition in reasonable quantities for his own private use;
(b)
a person being a bonafide tourist belonging to any such country as the
Central Government may, by notification in the Official Gazette, specify,
who is not prohibited by the laws of that country from having in his possession
any arms or ammunition, may, without a licence under this section but
in accordance with such conditions as may be prescribed, bring with him
into India arms and ammunition in reasonable quantities for use by him
for purposes only of sport and for no other purpose.
Explanation.-
For purposes of clause (b) of this proviso, the word "tourist"
means a person who not being a citizen of India visits India for a period
not exceeding six months with no other object than recreation, sight-seeing,
or participation in a representative capacity in meetings convened by
the Central Government or in international conferences, associations or
other bodies.
(2)
Notwithstanding anything contained in the proviso to sub-section (1) where
the 13[Commissioner of customs] or any other officer empowered by the
Central Government in this behalf has any doubt as to the applicability
of clause (a) or clause (b) of that proviso to any person who claims that
such clause is applicable to him or as to the reasonableness of the quantities
of arms or ammunition in the possession of any person referred to in such
clause, or as to the use to which such arms or ammunition may be put by
such person, may detain the arms or ammunition in the possession of such
person until he receives the orders of the Central Government in relation
thereto.
(3)
Arms and ammunition taken from one part of India to another by sea or
air or across any intervening territory not forming a part of India, are
taken out of, and brought into, India within the meaning of this section.
11. Power to prohibit import or export of arms, etc.
The
Central Government may, by notification in the Official Gazette prohibit
the bringing into, or the taking out of, India, arms or ammunition of
such classes and description as may be specified in the notification.
12. Power to restrict or prohibit transport of arms
(1)
The Central Government may, by notification in the Official Gazette,-
(a)
direct that no person shall transport over India or any part thereof arms
or ammunition of such classes and descriptions as may be specified in
the notification unless he holds in this behalf a licence issued in accordance
with the provisions of this Act and the rules made thereunder; or
(b)
prohibit such transport altogether.
(2)
Arms or ammunition trans-shipped at a seaport or an airport in India are
transported with in the meaning of this section.
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