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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B. PUGALENDHI, J.
T.D. Watson – Appellant
Versus
The District Collector, Nagercoil – Respondent
W.P.(MD) No. 14777 of 2023
Decided On : 06-07-2023
Gun License - Shooting Practice - Arms Act 1959, Rule 36 of Arms Rules 2016 - The court discussed the petitioner's son's eligibility for a gun license for shooting practice, referencing the Arms Act 1959, Rule 36 of Arms Rules 2016, and Notifications of the Ministry of Home Affairs. The court allowed the writ petition, setting aside the impugned order and remitting the matter back to the respondent for fresh consideration in accordance with the relevant laws and notifications.
Fact of the Case:
The petitioner's son, a Junior Shooter, sought a gun license for shooting practice to improve his skills and participate in competitions. The respondent rejected the application based on the son's age of 13 years.
Finding of the Court:
The court allowed the writ petition, setting aside the impugned order and remitting the matter back to the respondent for fresh consideration in accordance with the relevant laws and notifications.
Issues: The main issue was the eligibility of the petitioner's son for a gun license for shooting practice based on his age and recognition as an aspiring shooter.
Ratio Decidendi: The court considered the Arms Act 1959, Rule 36 of Arms Rules 2016, and Notifications of the Ministry of Home Affairs to determine the eligibility criteria for a gun license for shooting practice.
Final Decision: The writ petition was allowed, and the matter was remitted back to the respondent for fresh consideration in accordance with the relevant laws and notifications.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the respondent through his proceeding in L.Dis.C1/E-591871/2023 dated 13.06.2023 and quash the same and consequently direct the respondent to issue gun license to the petitioner''s son for the purpose of doing shooting practice on the basis of his son''s application dated 31.01.2023.)
1. The petitioner''s son D.S.Antric Deleno is a Junior Shooter and a Member of the Madurai District Rifle Club and Kanyakumari District Rifle Club. He has also participated in various shooting competitions and also received medals. The Tamil Nadu Shooting Association has also recognized him as Aspiring Shooter. To reach next level and to participate in the State Level Competition, his son made an application before the respondent on 31.01.2023 seeking issuance of licence for gun for shooting practice. The respondent, by the impugned order dated 13.06.2023, rejected the application by referring his age as 13 years. Challenging the same, the present writ petition has been filed.
2. The learned counsel appearing for the petitioner submits that the petitioner''s son is a Member in Kanniyakumari District Rifle Club and also in Madurai District Rifle Club. He has been doing regular shooting practice and he has also participated in 47th Tamil Nadu State Level Shooting Championship Competition 2022 and scored 237 points. He has also participated in 25M Pistol Championship Junior Men (Individual) category and got 12th position; 9th position in 10M Pistol Championship Youth Men (Individual) category and 6th position in 10M Pistol Championship Sub Youth Men (Individual) category. To improve his quality, he needs a gun of his own for shooting practice and therefore, he has applied for licensed gun.
3. The learned counsel appearing for the petitioner further submits that the petitioner''s son has also been recognized as Aspiring Shooter in terms of the Notification of the Ministry of Home Affairs in No.S.O.665(E) dated 12.02.2020. According to him, a person, who has been recognized as Aspiring Shooter, is eligible for applying for licensed gun and exemption can be granted on the age criteria.
4. The learned counsel appearing for the petitioner has relied upon Rule 36 of Arms Rules 2016 and submits that the respondent, without considering the Notifications of the Ministry of Home Affairs dated 06.03.2013, 04.08.2014 and 12.02.2020, has rejected the application.
5. The learned Additional Advocate General appearing for the respondent agreed that Rule 36 of the Arms Rules 2016 and the Notifications referred by the petitioner enable a person below the age of 21 years not below the age of 12 years may be allowed to use the permissible category of arms for the purpose of training, however, he insisted the petitioner to ensure that the conditions under Rule 36 of the Arms Rules 2016 are strictly complied with.
6. This Court considered the rival submissions made on either side.
7. The petitioner''s son is aged about 13 years. He is a Junior Shooter and he is a Member of Madurai District Rifle Club and Kanyakumari District Rifle Club. He has also participated in the State Level Shooting Championship Competition and he has been recognized as Aspiring Shooters by the Tamil Nadu Shooting Association.
8. The Ministry of Home Affairs, Government of India, has issued a Notification dated 12.02.2020 on the powers conferred under Section 41 of the Arms Act 1959, by exempting certain classes of persons when carried and possessed the arms for their own personal use for the purpose of training or use in competitions from the operations of the provisions of Sub Section (2) of Section 3 and clause (a) (i) of of Sub Section (1) of Section 9 of the Arms Act. However, the exemption is subject to certain conditions. A person, who has completed the age of 12 years but below the age of
AI
The central legal point established in the judgment is the interpretation and application of the Arms Act 1959, Rule 36 of Arms Rules 2016, and Notifications of the Ministry of Home Affairs in determ....
A minor can use firearms for training under the Arms Act but must hold a valid Arms Licence, regardless of exemptions for renowned shooters.
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