IMPORTANT POINT
The central legal point established is that members of Rifle Clubs or Associations licensed or recognized by the Central Government are exempt from the restriction on the possession of more than two firearms, as per Section 3(3) of the Arms Act.

JUDGMENT :

N. NAGARESH, J.

1. Ext.P9 order of the 2nd respondent-District Collector directing the petitioner to surrender one of the three Fire Arms possessed by the petitioner, is under challenge in this writ petition.

2. The petitioner states that he is a member of the District Rifle Association, Idukki. The petitioner is holding valid licence to possess three Arms since the year 2002. According to the petitioner, as per Section 3(3) of the Arms Act, 1959, a member of registered Rifle Club can hold three weapons. However, the application submitted by the petitioner for renewal of licence of three guns are not allowed. The respondents are insisting the petitioner to surrender one weapon.

3. The petitioner states that he is holding two weapons for his self protection. He requires a third weapon “Point 22 Rifle” for target practice in the Rifle Club. Ext.P6 information would show that another person is holding licence for three guns. As the application for renewal of licence was not considered, the petitioner filed W.P. (C) No. 28221/2022 before this Court. This Court disposed of the said writ petition as per Ext.P7 judgment dated 23.11.2022 directing the District Collector to pass orders on the application of the petitioner.

4. The 2nd respondent-District Collector passed Ext.P9 order holding that the petitioner shall surrender one of the guns. According to the petitioner, as per Section 3(3) of the Arms Act, a dealer in Fire Arms or a member of a Rifle Club or Rifle Association can hold three weapons. Therefore, Ext.P9 is liable to be quashed, contended the petitioner.

5. The 2nd respondent resisted the writ petition filing a counter affidavit. The 2nd respondent stated that the petitioner is holding the Arms licence under Self Protection category. According to the new amendment in the Arms Act, those who have a weapon licence for self defence cannot possess more than two weapons at the same time. The petitioner possesses three weapons including the one he retained in the armoury. The petitioner is seeking to retain the third one under Sports category. The writ petition is therefore devoid of any merit and it is liable to be dismissed.

6. The question arising for consideration is whether a licensee holding two Arms licences for self protection can legally hold a third licence for sports purpose. Section 3 of the Arms Act, 1959 deals with licence for acquisition and possession of fire arms and ammunition. Section 3 of the Arms Act reads as follows:

“3. Licence for acquisition and possession of fire-arms and ammunition:

(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 firearm 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.

(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 two firearms:

Provided further that a person who has in his possession more firearms than two at the commencement of the Arms (Amendment) Act, 2019, may retain with him any two of such firearms and shall deposit, within one year from such commencement, the remaining firearm 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 armoury referred to in that sub-section after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year:

Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded.

(3)