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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH
Sre Chena D. (Minor), Represented by Father and Next Friend Dhanapal A. – Appellant
Versus
District Collector Palakkad, Collectorate, Palakkad – Respondent
JUDGMENT :
N. Nagaresh, J.
The petitioner, who is aged 16 years, is a shooter registered with the National Rifle Association of India. The petitioner seeks to quash Ext.P6 and to command the 1st respondent-District Collector to forthwith reconsider Ext.P3 application submitted by the petitioner for Arms Licence.
2. The petitioner has participated in the 66th National Shooting Championship competitions (Pistol Events) held at Bhopal in the year 2023. The petitioner secured high score and was certified as 'Renowned Shooter'. The petitioner wanted to participate in point 22 Pistol matches at the State and National levels. The petitioner therefore applied for an Arms Licence under Section 3 of the Arms Act, 1959.
3. The petitioner states that the Central Government has issued Ext.P5 Notification dated 12.02.2020 exempting the class of persons specified therein from the operation of Section 9(1)(a)(i). The petitioner being a certified Renowned Shooter, she stands exempted from the provisions of Section 9(1)(a)(i). However, to the predicament of the petitioner, the 1st respondent-District Collector issued Ext.P6 order dated 03.05.2024 rejecting Ext.P3 application for Arms Licence submitted b
A minor can use firearms for training under the Arms Act but must hold a valid Arms Licence, regardless of exemptions for renowned shooters.
The court affirmed that renowned shooters under 21 can obtain Arms Licences per exemptive provisions, with adherence to mandatory licensing regulations.
Denial of an arms license based on family background, without any personal criminal record, is arbitrary and violates fundamental rights.
Merely refusing to issue a licence for a reason not prohibited by the Act, such as being aged 63 years, is unjustified and not in consonance with the provisions of the Act.
Applications for licences under Section 14 and Section 15 of Act 1959, the provisions of Section 13 (3) (b) can be relied upon for assimilating any "good reason" in order to grant, renew or refuse th....
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
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