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ARMS RULES, 2016

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Pre. Notification No. G.S.R. 701(E), dated 15th July, 2016

Notification No

G.S.R. 701(E).-In exercise of the powers conferred by sections 5, 9, 10, 11, 12, 13, 16, 17, 18, 21, 41 read with section 44 of the Arms Act, 1959 (54 of 1959), and in supersession of the Arms Rules, 1962, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely:-


R.1 Short title

1

(1) These rules may be called the Arms Rules, 2016.

(2) They shall come into force on the date of their publication in the Official Gazette.


R.2 Definitions

2

(I) In these rules, unless the context otherwise requires:-

(1)"Act"means the Arms Act, 1959 (54 of 1959);

(2)"air weapon"means a device that discharges a projectile from a barrel under the pressure of compressed air or other gas but that does not employ an explosive charge to do so;

(3)"antique small arm"means firearms manufactured before 1899;

(4)"appellate authority"means the appellate authority referred to in rule 105;

(5)"authority" or "officer"means, except where otherwise specifically provided in these rules, the district magistrate or such other officer as may, from time to time, be notified in the Official Gazette by the Central Governmen

R.3 Classification of arms and ammunition

3

For the purposes of the Act and these rules, arms and ammunition shall be of the categories specified in columns (2) and (3) respectively of Schedule I and references to any category of arms or ammunition in these rules shall be construed accordingly.


R.4 License for arms other than firearms and applicability of section 4

4

(1) Unless the Central or the State Government by notification in the Official Gazette so directs, no license shall be required for the manufacture, sale, possession for sale or test, of arms of category V in Schedule I except in the areas notified under section 4.

(2) In any area specified in the notification issued by the Central Government under section 4 of the Act, license for acquisition, possession or carrying in that area of arms of such class or description as may be specified in that notification may also be granted or renewed as provided in Schedule II, subject to such conditions as may be specified in these rules, that Schedule and in the license.


R.5 Licensing authority and forms of licenses

5

Licenses under Chapter II of the Act may be granted or renewed for, such purposes, by such authorities, in such forms and to be valid for such period and in such areas as are specified in Schedule II, subject to such conditions as are specified in these rules, that Schedule and in the license:

Provided that the licenses granted or renewed by a licensing authority may be signed by such officer subordinate to that authority as may be specially empowered in this behalf by the State Government.


R.6 Restriction in granting licenses for acquisition, possession or carrying of arms or ammunition of category I of Schedule I

6

No license shall be granted for acquisition, possession or carrying of arms or ammunition specified in category I(b) or I(c) in Schedule I unless they have been legally manufactured in India or lawfully possessed or lawfully imported into India or are being imported into India with the sanction of the Central Government.


R.7 Licensing authorities to furnish information to district magistrate

7

(1) A copy of every license granted for arms or ammunition specified in category I(a), I(b), I(c) and category II in Schedule I shall forthwith be sent to the district magistrate of the place in which the arms or ammunition are to be kept.

(2) A copy of every other license granted in any Form by any authority other than a district magistrate shall be sent forthwith to the district magistrate having jurisdiction over the area in which the place of business or residence of the licensee is situated.

(3) The licenses granted under sub-rule (1) and sub-rule (2) shall be intimated through NDAL system to the district magistrate of the place having jurisdiction over the area in which the place of business or residence o

R.8 Possession of arms or ammunition for certain purposes to include use thereof

8

Possession of the following arms or ammunition for the purposes mentioned against each, includes use thereof, for such purposes only provided that such use does not involve manufacture of any arms or ammunition (including explosives and fireworks) :-

(a) arms for theatrical performance, historical re-enactment, historical research (including assessment of performance), cinematograph or television production or signaling for starting races or athletic meets and safety equipment including signal flare guns, line throwing guns, avalanche cannon, etc.;

(b) ingredients of ammunition including sulphur and chlorates for bona fide industrial, agricultural or medicinal purposes.


R.9 Restrictions by Central Government in certain cases

9

Any license having effect outside the State in which it is granted, shall be subject to any restrictions, which may be imposed by a general or special order of the Central Government.


R.10 Safe use and storage of firearms

10

(1) Every applicant applying for a license in Form II, Form III and Form IV; or a rifle club or association or firing range or staff employed by such club, association or firing range, applying for a license in Form V; or a manufacturer or dealer or gunsmith or staff employed by such manufacturer, dealer or gunsmith applying for a license in Form VII, Form VIII, Form IX or Form IX-A, shall be required to complete arms and ammunition safety training course which shall include -

(a) basic arms and ammunition safety practices, including safe handling and carry procedures;

(b) firing techniques and procedures;

(c) care of arms and ammunition;

(d) safe storage and transpor

R.11 Application for license

11

(1) Every application for the grant of a license under these rules -

(a) shall be submitted in Form A-1 to A-14 as applicable to the category of the license applied;

(b) may be presented by the applicant in person or sent through the medium of post office or filed electronically or otherwise, to the licensing authority, as far as possible, having jurisdiction in respect of the place where he ordinarily resides or has his occupation.

(2) Where the grant of license requires a certificate of no objection from some other authority as provided in rule 98, shall state whether such certificate has been obtained and, if so, be supported by evidence thereof either in physical form or by an electron

R.12 Obligations of licensing authority in certain cases

12

(1) Save as otherwise provided in the Act, every licensing authority granting a license in Form III to an individual for the restricted or permissible arms or ammunition as specified in category I(b) and I(c) or category III respectively in Schedule I, shall have due regard to the application of norms specified in sub-rules (2) and (3).

(2) For grant of a license for the restricted arms or ammunition specified in category I(b) and I(c) in Schedule I, the licensing authority, may consider the application of?

(a) any person who faces grave and anticipated threat to his life by reason of -

(i) being resident of a geographical area or areas where militants, terrorists or extremists are mos

R.13 Time limit for grant of license

13

The licensing authority, after considering the application and on being satisfied that the applicant has fulfilled the eligibility conditions, shall grant or refuse to grant a license for permissible category of arms or ammunition specified in category III of Schedule I, to any person by recording in writing the reasons for such grant or refusal, by passing a speaking order, within a period of sixty days of the receipt of the police report:

Provided that the licensing authority shall specify, the type of arms and ammunition to be procured by the applicant after assessing the reason and the need for possession of the type of arms and ammunition applied for by the applicant, considering its lethality or fire-power.


R.14 Time limit for police report for grant of licenses

14

(1) On receipt of an application for grant of a license under sub-section (1) of section 13 or every subsequent renewal thereof under section 15, the licensing authority shall call for a report of the officer-in-charge of the nearest police station on that application, and such officer shall send his report in Form S-4, within a period of thirty days from the date of receipt of application by him.

(2) The Central Government may by issuance of a general or special order, extend the period of thirty days as specified in sub-rule (1) up to ninety days for certain areas or States for any reason deemed appropriate by it.

(3) The licensing authority may in case of non-receipt of police report within the period of thi

R.15 Maintenance of records in electronic format and consolidation of licenses

15

(1) Every licensing authority and the renewing authority specified in Schedule II, while granting a license or renewing a license, thereof, shall enter the data of the record locally in an electronic format specified by the Central Government.

(2) Every licensing authority and the renewing authority shall also enter such data in the NDAL system which shall generate a unique identification number (UIN) and with effect from the [1st April, 2018], any arms license without UIN shall be considered invalid.

(3) The UIN so generated under sub-rule (2) shall be unique for a licensee.

(4) Any existing licensee holding multiple licenses in Form III shall on or before the [1st April, 2018], make an a

R.16 Duty of licensing authority under NDAL

16

(1) The licensing authority, while granting or renewing a license or at the time of providing any allied service to any licensee under these rules shall ensure that the data of the transaction approved by him, is simultaneously updated in the electronic format locally and on the NDAL system under its log-in ID:

Provided that the licensee shall not be held accountable for failure on the part of the licensing authority to update such data in the electronic format.

(2) The licensing authority shall ensure compliance of delivery of different services specified in column (2) of Schedule V, within the time specified in column (4), of the said Schedule.


R.17 Registration of license with an outside licensing authority and change of address with existing licensing authority

17

(1) If a person who holds a license in Form III changes his place of residence, permanently, or temporarily for a period of more than six months, and carries with him the arms covered by the license, to a place falling, other than within the jurisdiction of the existing licensing authority indicated in the license, he shall, immediately before the expiry of a period of six months, send intimation about such change to the licensing authority of the place of his new residence and shall on demand, forthwith produce the license and the arm or arms to the new licensing authority by applying in Form B-1 and indicating there in the particulars of his new residence.

(2) The licensing authority of the new place of residence of the licensee o

R.18 Permission for possession of arms to be acquired subsequent to grant of license

18

When a license is granted in Form II, Form III, Form IV or Form V for the possession of arms to be acquired by the licensee subsequent to the grant of the license, the authority granting the license shall at the time of granting the same, direct that the arms covered by the license shall be acquired within a period of two years and that the license or the arms or both shall be produced for his inspection and if within the said period of two years, the licensee fails to acquire the arms and to produce the license, or the arms or both, as the case may be, the license shall cease to be in force:

Provided that the licensing authority may extend the period of two years by a further period of one year, on the basis of a written representa

R.19 Extension of area validity of license

19

(1) On receipt of an application from a licensee holding a license in Form III, the licensing authority may extend the area of validity specified in his license, if he is satisfied about the need of such extension subject to the condition that the licensing authority has the power to grant a license in relation to the area to which extension is being sought.

(2) The application for extending the area validity for whole of India may be granted by the licensing authority as specified in column (5) of Schedule II, in respect of the following category of licensees, namely:-

(a) Union Ministers or Members of Parliament;

(b) Personnel of Defense Forces and Central Armed Police Forces;

R.20 Additional licenses for individuals

20

(1) The holder of a license in Form III, for permissible category of firearms, as specified in Schedule I, may apply for grant of additional license for any two of his close relatives who are not in possession of any license in Form III and who are residing with him at the address given in the license, to possess, carry or use any of the arms or ammunition covered by his license and the licensing authority shall grant a license to such additional licensee if the eligibility conditions under the Act and these rules are fulfilled by the said additional licensee and there are no adverse remarks in the police report.

(2) The additional licensee under his UIN shall be granted a separate license, with the arms and ammunition of the parent

R.21 Retainers for exemptees

21

(1) A license in Form III-A for possession and carrying of arms or ammunition may be granted to a person nominated to be his retainer by a person exempted under section 41 of the Act from licensing requirements:

Provided that the retainer shall have no right, independent of the person so exempted, to use the arms or ammunition covered by the license, and the license shall cease to be in force on the day on which the person so exempted has ceased to be an exemptee, or the retainer has ceased to be a nominee of the exemptee.

(2) The licensing authority shall obtain a report from the Police, about the antecedents of the retainer nominated under sub-rule (1) and t

R.22 Retainers for companies

22

(1) A license in Form II or Form III granted to a company for the protection of its premises or property shall be in the name (with designation) of the responsible person who shall be accountable and responsible for the custody of the arms and ammunition.

(2) The name of a servant or any other employee entrusted with the arms and ammunition for guarding the premises or property of the company shall be entered as a retainer in the license.

(3) The licensing authority shall issue to the licensee a permit in Form III-B for each of such retainers shown in the license and such permit shall remain in the personal custody of the responsible person of the company and shall be handed over to the retainers when they are

R.23 Restriction on the quantity of ammunition used in breech loading firearms

23

(1) For the purposes of the Act and these rules, quantity of ammunition for the licenses granted in Form II, Form III or Form IV for breech loading firearms shall be restricted as under, namely:-


 

Maximum purchasable during a calendar year

(per firearm)

200

 

Maximum to be possessed at any given time

(per firearm)

R.24 Renewal of licenses

24

(1) Every license may, at its expiration and subject to the same conditions (if any) as to the grant thereof, be renewed by the authority mentioned in Schedule II as renewing authority within a period of thirty days of receipt of the police report:

Provided that the license so renewed may be signed in the appropriate column of the license by such officer as may be specifically empowered in this behalf by the State Government under rule 5.

(2) An application for renewal of a license for arms or ammunition shall be filed in the Form wherein specified at least sixty days prior to the expiry of the said license with the licensing authority along with the documents wherein specified in the Form:

25

(1) The licensing authority may grant a license ?

(a) after the death of the licensee, to his legal heir; or

(b) in any other case, on the licensee attaining the age of seventy years or on holding the firearm for twenty five years, whichever is earlier, to any legal heir nominated by him:

Provided that notwithstanding the provisions contained in rule 12 of these rules, the licensing authority may grant a license to such legal heir if the eligibility conditions under the Act and these rules are fulfilled by the said legal heir and there are no adverse remarks in the police report.

(2) Where a licensee leaves behind more than one legal heir and the legal heirs decide a


Legal Commentary on Section R.25 of the Arms Rules, 2016

Introduction

Section R.25 of the Arms Rules, 2016, pertains to the licensing and transfer of firearms, specifically addressing the rights of legal heirs to acquire or hold firearms upon the death of the licensee. It aims to regulate the transfer process and ensure lawful succession of firearm ownership.

What does Section Say

Section R.25 authorizes the licensing authority to grant a license to legal heirs of a deceased licensee under certain conditions. It provides provisions for the transfer of firearm licenses to heirs, including the circumstances under which such transfers can occur, such as the death of the original licensee, attainment of age, or holding the firearm for a specified period.

Essential Ingredients

  • Granting of license to legal heirs upon the death of the licensee.
  • Conditions for transfer, including age and holding period.
  • Inclusion of specific relatives such as father, mother, husband, wife, son, daughter, and son-in-law as 'legal heirs'.
  • The process involves application and approval by the licensing authority.
  • The license transferred remains valid under the original terms and conditions.

Scope of Section

  • Applies to Indian citizens holding firearm licenses.
  • Covers transfer of firearms to legal heirs after the licensee’s death.
  • Includes provisions for transfer in cases where the licensee attains the age of seventy years or has held the firearm for twenty-five years.
  • The section is limited to lawful transfer and does not permit unauthorized acquisition or possession.
  • The scope is confined to firearms that are licensed and legally held.

Punishment for Violations

  • While specific penalties under Section R.25 are not detailed in the sources, violations such as unauthorized transfer or possession are punishable under the Arms Act, 1959.
  • Section 25 of the Arms Act, 1959, prescribes imprisonment (minimum 7 years, extendable to 14 years) and fine for acquiring, possessing, or carrying prohibited arms in contravention of law [(Source: India Code, Section 25)].
  • Failure to comply with licensing procedures or transfer rules may lead to criminal prosecution and penalties.

Legal Comments

  • "Lawful transfer" - Section R.25 facilitates lawful transfer of firearm licenses to heirs, ensuring continuity of legal ownership [India Code].
  • "Legal heirs" - Defined inclusively to include immediate family members such as parents, spouse, children, and in-laws, providing clarity on who can inherit firearms [Arms Rules, 2016].
  • "Application process" - Requires application and approval by licensing authorities, emphasizing procedural compliance [Arms Rules, 2016].
  • "Conditions for transfer" - Includes age and holding period requirements, ensuring responsible transfer and possession [Arms Rules, 2016].
  • "Scope limitation" - Restricted to lawful, licensed firearms; unauthorized acquisition remains punishable [Arms Act, 1959].
  • "Penalties for contravention" - Violations related to illegal transfer or possession attract severe penalties, including imprisonment and fines [India Code].
  • "Protection of lawful heirs" - Ensures that lawful heirs can inherit firearms lawfully, preventing illegal possession post the licensee’s death [FREQUENTLY ASKED QUESTIONS, Arms Rules, 2016].
  • "Procedural safeguards" - Application and approval process acts as a safeguard against illegal transfer [Arms Rules, 2016].
  • "Amendments and updates" - The section aligns with recent amendments like the Arms (Amendment) Act, 2019, which further tighten firearm regulations [Arms (Amendment) Act, 2019].
  • "Scope of penalties" - Penalties under the Arms Act for violations related to prohibited arms are stringent, reflecting the importance of firearm regulation [Section 25, Arms Act, 1959].
  • "Legal compliance" - Emphasizes adherence to licensing procedures to avoid criminal liability [Arms Rules, 2016].
  • "Restrictions" - No license is granted for certain categories of arms, reinforcing restrictions on firearm possession [Arms Rules, 2016].
  • "Seizure provisions" - Firearms seized in violation are subject to penalties and legal proceedings [Arms Rules, 2016].
  • "Responsibility of licensees" - Licensees are responsible for lawful transfer and compliance with rules, including to heirs [FREQUENTLY ASKED QUESTIONS].
  • "Procedural clarity" - Clear procedures for transfer and licensing help prevent illegal activities and ensure accountability [Arms Rules, 2016].

Conclusion

Section R.25 of the Arms Rules, 2016, provides a structured legal framework for the transfer of firearm licenses to heirs, balancing the rights of lawful owners with strict regulatory oversight. Violations of transfer procedures or possession laws attract significant penalties under the Arms Act, 1959, emphasizing the importance of compliance with legal provisions to prevent unlawful firearm use.

Note: All references are based on the provided sources and relevant legal provisions.

R.26 Certain licenses to be in book form

26

A license in Form II, Form III, Form IV or Form V generated under the UIN of the licensee in NDAL system, shall be in book form serially numbered and strictly as per the formats specified in the rules and in case of individuals, shall contain the latest photograph of the licensee:

Provided that the license book for restricted category of firearms shall be of dark maroon colour and for permissible category of firearms shall be of navy blue colour:

Provided further that the licensing authority may get the license books printed and serially numbered locally and levy fee for providing license books as specified in Schedule IV.



Legal Commentary on Section R.26 of the Arms Rules, 2016

Introduction

Section R.26 of the Arms Rules, 2016 pertains to the penalties and punishments for contraventions related to the Arms Rules, 2016. It emphasizes the legal consequences for violations of licensing provisions, secret contraventions, and unauthorized use or possession of arms and ammunition under the framework of the Arms Act, 1959.

What Does Section R.26 Say

Section R.26 primarily deals with the punishment for contraventions of the Arms Rules, 2016, including secret contraventions, unauthorized use, and possession of firearms. It specifies the nature and extent of punishments, which may include imprisonment and fines, for breaches of the licensing and regulatory provisions.

Essential Ingredients

  • Contravention of licensing provisions or Arms Rules.
  • Secret contraventions (concealed violations).
  • Unauthorized use or possession of firearms or ammunition.
  • Penalties involving imprisonment (minimum and maximum durations).
  • Additional fines or punishments as prescribed.

Scope of Section R.26

The section applies to all violations of the Arms Rules, 2016, including clandestine or secret violations, illegal possession, and use of firearms, and breaches of licensing requirements. It covers both individual and commercial violations related to arms and ammunition.

Punishment for Section R.26

  • Imprisonment, with minimum terms specified (e.g., not less than 5 or 7 years).
  • Possibility of extending to life imprisonment.
  • Fines or monetary penalties.
  • The section aligns with the penalties prescribed under the Arms Act, 1959, for various contraventions.

Legal Comments

  • "Contravention" - Violations of licensing or Arms Rules are punishable under Section R.26, emphasizing strict compliance [Source: ""].
  • "Secret contraventions" - Concealed violations attract severe penalties, indicating the importance of transparency and adherence [Source: ""].
  • "Imprisonment" - Minimum imprisonment terms are specified, e.g., not less than 5 or 7 years, with provisions for life imprisonment for certain offences [Source: ""].
  • "Fines" - Monetary penalties may be imposed alongside imprisonment for violations [Source: ""].
  • "Licensing violations" - Breaching licensing conditions, such as illegal possession or transfer, is explicitly punishable [Source: ""].
  • "Manufacture and sale" - Unauthorized manufacturing or sale of arms, especially in contravention of licensing, falls under this section [Source: ""].
  • "Secret violations" - The law recognizes clandestine violations as particularly serious, warranting stringent punishment [Source: ""].
  • "Regulatory compliance" - The section underscores the importance of adherence to licensing and regulatory procedures under the Arms Rules [Source: ""].
  • "Extended penalties" - The possibility of extending punishments to life imprisonment reflects the gravity of certain contraventions [Source: ""].
  • "Relation to Arms Act, 1959" - The penalties in Section R.26 are aligned with those prescribed under the Arms Act, 1959, ensuring consistency in legal consequences [Source: ""].
  • "Legal enforcement" - The section empowers authorities to enforce penalties for violations, reinforcing the regulatory regime [Source: ""].
  • "Compliance importance" - The strict punishments highlight the critical importance of compliance with arms licensing laws to prevent misuse [Source: ""].
  • "Prohibition of unauthorized activities" - Activities such as unlicensed possession, transfer, or manufacture are explicitly penalized [Source: ""].
  • "Provisions for repeat offenders" - The law provides for stringent penalties for repeat contraventions, emphasizing deterrence [Source: ""].
  • "Legal deterrence" - The severity of penalties aims to serve as a deterrent against illegal arms activities [Source: ""].
  • "Procedural safeguards" - The section, in conjunction with the Arms Rules, ensures procedural safeguards for enforcement [Source: ""].
  • "Scope of penalties" - The penalties encompass both individual offenders and entities involved in illegal arms trade or possession [Source: ""].
  • "Legal consistency" - The penalties under R.26 are consistent with the overarching legal framework established by the Arms Act, 1959 [Source: ""].

Note: The references are based on the provided sources, primarily the repeated mentions of the Arms Rules, 2016, and the Arms Act, 1959, particularly sections related to penalties and contraventions.

R.27 Fees for licenses

27

(1) (a) Every license granted or renewed under these rules shall, save as herein otherwise expressly provided, be chargeable with the fee (if any) specified in Schedule IV.

(b) In any case where fee is prescribed for a year, fee for a fraction of a year shall be the same as for a whole year.

(2) Where a licensee submits his application for renewal of his license after the expiry of the period for which the license was granted, the licensing authority may, if he decides to renew the license, at his discretion, levy -

(a) full fee as for initial grant of the license; and

(b) a late fee of rupees two thousand, if he is satisfied that the delay is not justifiable or excu

R.28 Fee payable for copies and duplicates

28

Where a license granted or renewed under these rules is lost or accidentally destroyed, the authority empowered to grant such license may grant a duplicate license on payment of the fee with which the original license was chargeable.


R.29 Collection of fees

29

All fees payable shall be paid in cash or by way of bank pay-order or demand draft or electronic banking transfer at the time of application.

[Provided that in case of a licence in Form VII for the manufacture and/or proof test of arms and ammunition, the fee shall be payable at the time of grant of a licence]


R.30 Inspection of arms by the licensing authority

30

The authority by whom any license in Form II, Form III, Form IV or Form V has been granted or renewed, may, for the purpose of satisfying itself that any arms covered by such license are still in the possession of the licensee at the time of renewal or at any time while the license is in force, by order in writing require the licensee to produce the arm or arms at such time and place for inspection of such officer as may be specified in the order.


R.31 Production of licenses

31

Any person who holds a license granted or renewed, or a permit or certificate granted under these rules shall forthwith produce such license, permit or certificate upon demand by any magistrate or any police officer of a rank not below that of an officer-in-charge of a police station.


R.32 Restrictions on carrying of firearm in public place

32

(1) No person shall carry a firearm in a public place unless the firearm is carried -

(a) in the case of a handgun -

(i) in a holster or similar holder designed, manufactured or adapted for the carrying of a handgun and attached to his person; or

(ii) in a rucksack or similar holder; or

(b) in the case of any other firearm, in a holder designed, manufactured or adapted for the carrying of a firearm.

(2) A firearm contemplated in sub-rule (1) must be completely covered and the person carrying the firearm must be able to exercise effective control over such firearm.

(3) Brandishing or discharge of firearms or b

R.33 Correction of information

33

(1) Any request for correction of the information contained in a license which has been incorrectly uploaded in the NDAL system shall be made by submitting a written application together with supporting documents, to the concerned licensing authority.

(2) Where an application referred to in sub-rule (1) concerns the detail of a firearm which has been incorrectly reflected on a license, the licensing authority may call for the physical inspection of the firearm to confirm the details of the firearm or call for a certificate from a gunsmith holding a license in Form IX or an armorer working with Defense Forces, Central Armed Police Forces and State Police Forces.

(3) The gunsmith or armorer referred to in sub-rul

R.34 Identification marks on firearms

34

(1) A person, who has in his possession any firearm which does not bear distinctly a manufacturer's name, number or other identification mark shall get the identification mark stamped on the firearm after obtaining prior approval of the licensing authority which will consist -

(a) such distinct letters as may be prescribed for the purpose by the State Government;

(b) serial number of the arms license; and

(c) the year of stamping,

in that order on the barrel and the frame, or the barrel and the receiver of the firearm.

(2) When an imported firearm kept for sale by a dealer does not bear the manufacturer's name, such distinguishing mark of the im

R.35 License for destruction of wild animals which do injury to human beings or cattle and damage to crops

35

(1) The grant of arms licenses under this rule shall be subject to the provisions of the Wild Life (Protection) Act, 1972 (53 of 1972), in respect of the States and Union Territories where the said Act is applicable.

(2) The application under this rule for grant of a license in Form IV shall specify details of the land and cultivation requiring protection and area in which the arms and ammunition are required to be carried.

(3) Where, after the end of any harvest season, the State Government considers it expedient that for the protection of wild life in any area, any arms or ammunition licensed in Form IV should be deposited in a police station or with a licensed dealer, it may, by order, require any licensee t

R.36 License for training and target practice

36

(1) Any person below the age of twenty-one years but not below the age of twelve years may be allowed to use permissible category of arms for the purposes of training in the use of such arms in the immediate presence, or, under the direct supervision and guidance, of an adult instructor or the licensee:

Provided that no person below the age of twenty-one years shall be allowed, to carry any permissible category of arms requiring a license in a public place except in the immediate presence and supervision of the person who is lawfully authorized to carry such arms by the licensee.

(2) Any person who applies for a license to possess permissible category of arms in Form III in order to practice sport shooting shal

R.37 License for sport shooting association

37

(1) Sport shooting association or a club or a military mess affiliated to the respective State Rifle Association or National Rifle Association of India, shall be eligible to apply for a license in Form V and to acquire and possess arms and ammunition that are used and/or stored at their premises.

(2) An application under sub-rule (1) for grant of a license at the time of initial grant or at every subsequent renewal thereof, shall be submitted along with the following documents, as may be applicable, namely:-

(a) its memorandum and articles of association and the membership rules;

(b) the lists of office bearers and permanent members;

(c) particulars of the accredited

R.38 License for shooting ranges

38

(1) Any person, applying for a license for an indoor or an outdoor private shooting range shall be required to meet the technical and security standards as may be specified by the Central Government in this regard by passing a general or special order:

Provided that the licensing requirements shall not be applicable to indoor ranges up to ten metres used for target practice of air pistols and air rifles.

(2) No license shall be granted under this rule unless the owner or operator of such shooting range has in place adequate financial arrangements to meet any injury or damage claims requiring third party insurance covers or mandatory bank guarantees or bond requirements:

Provided that the r

R.39 License for accredited trainers

39

(1) Any person applying for a license to be an accredited trainer shall be required to clear the eligibility test and undergo training before being granted a license under this rule:

Provided that the policy guidelines containing syllabus and conduct of examination for accredited trainers may be specified by the Central Government by passing a general or special order in this regard.

(2) Any person applying for grant of a license to be a master accredited trainer shall be required to possess the technical knowledge and expertise in handling various types of small arms and submit the documentary evidence to the satisfaction of the licensing authority in this regard:

Provided that the policy

R.40 Quantity of ammunition to sports persons, shooting associations, etc.

40

(1) The quantity of ammunition allowed to various categories of sports persons for their personal consumption and shooting sport organizations shall be as per the limits laid down in the table given below, namely:-

S.No.

Persons or class of persons

Type of firearm

Quantity and descri

R.41 License to museums

41

(1) Any museum applying for a license for display of arms and ammunition must possess due accreditation with the Ministry of Culture and registration under any of the Central or State Acts.

(2) The application under sub-rule (1) shall be accompanied by?

(i) a description of the display mechanisms that will be used to display the arms or ammunition;

(ii) documentary proof that the display will be in an accredited museum;

(iii) description and specifications of the security measures pertaining to storage, transport and safe custody of the arms or ammunition to be displayed;

(iv) a description of the access control to the museum where the arms or am

R.42 License for arms and ammunition for theatrical, film or television productions

42

(1) A license for acquisition, possession, carry or use of arms and ammunition may be issued in Form III to the applicants for the following purposes, namely:-

(i) theatrical performances and of rehearsals for such performances;

(ii) in the production of films;

(iii) in the production of television programmes;

(iv) the organization and holding of historical re-enactments;

(v) signaling for starting races or athletic meets.

(2) The application for a license under this rule shall be submitted along with the following documents, namely: -

(i) an undertaking confirming that the applicant shall not resort t

R.43 Acquisition, possession and export of arms or ammunition by tourists visiting India

43

(1) A license in Form VI may be granted to any tourist, to acquire, possess (but not use) during the course of his stay in India, carrying and export out of India, of arms and ammunition specified in category III, category IV and category V of Schedule I:

Provided that every application for the grant of a license for export of arms specified in category IV of Schedule I shall be accompanied by a certificate from the Director-General of Archeology of the Central Government to the effect that the arms intended to be exported do not fall within the definition of "antiquity" under the Antiquities and Art Treasures Act, 1972 (52 of 1972).

(2) The licensee shall produce the arms or ammunition, at the time of leaving

R.44 License to an International sports person for participation in shooting events in India

44

(1) An application may be made in Form A-5 by any sports person of any age group from any country who is eligible to participate in the shooting competition or event or series of competitions or series of events or for training being organized in India by any sports body recognized by the Ministry of Sports and Youth Affairs, Government of India during the period of the event or competition or training and at the venue fixed for the same, and a license may be granted to such applicant for arms and ammunition specified in category III of Schedule I so far as practicable, one month prior to the expected date of arrival of the sports person in India.

(2) The license in the case of a group application may be issued in the name of the ma

R.45 Other temporary categories of import/export licenses

45

(1) A license in Form VI may be granted of arms and ammunition specified in category III of Schedule I so far as practicable, six months prior to the expected date of arrival in India, to the following persons, namely: -

(a) a foreign visitor, to display the arms and ammunition at a trade show or at a sport trade show;

(b) an official of a foreign government or a distinguished foreign visitor or a foreign law enforcement officer, on an officially approved policing assignment, on the recommendations of the Government of India in the Ministry of External Affairs;

(c) a person who, for other legitimate reasons, has received prior approval of the Government of India and where the applicant sub

R.46 License for firearm free zones

46

(1) The owner or lawful occupier of a premises may submit an application in Form A-14 along with supporting documents specified therein, to have the said premises declared a Firearm Free Zone, to the licensing authority of the place of jurisdiction of the applicant -

(i) stating the reasons why the premises must be declared as Firearm Free Zone;

(ii) giving proof of capacity to maintain the premises as a Firearm Free Zone;

(iii) describing the medium of communication to inform the public that the premises is a Firearm Free Zone.

(2) The obligations of the licensee shall include -

(i) to clearly identify and demarcate the premises declared as a F

R.47 Deposit of arms and ammunition under section 21

47

(1) When a licensing authority decides to suspend or revoke a license or to refuse to renew it, he shall, communicate his decision in writing to the licensee, requiring him to deposit under section 21, within such time as may be specified in the order suspending, revoking or refusing to renew the license, the arms or ammunition covered by the license, either with the officer-in-charge of the nearest police station or with a dealer holding a license in Form VIII, or, in case he is a member of the armed forces of the Union, in the unit armory:

Provided that in case of death of a licensee, the arms or ammunition shall be deposited by the legal representative with the officer-in-charge of the nearest police station or with a dealer hold

R.48 Deposit of arms and ammunition for safe custody (otherwise than under section 21)

48

(1)(a) A person lawfully possessing arms or ammunition may deposit them for safe custody with a dealer holding a license in Form VIII or in a police station or, if he is a member of the armed forces of the Union, in a unit armory.

(b) Before accepting the arms or ammunition for deposit otherwise than under section 21, the dealer or officer-in-charge of a police station or unit armory shall satisfy himself that they are possessed under a valid license issued under the Act and these rules or under exemption from the need for such license.

(c) Members of the armed forces of the Union may be allowed to keep their arms or ammunition in safe custody in a unit armory only during the tenure of their service.

R.49 Records and returns of articles deposited

49

(1) The dealer or the officer-in-charge of the police station or unit armory, shall maintain such registers as specified in rule 75.

(2) A copy of the entries in the registers relating to the quarters ending on the last day of March, June, September and December, each year, certified as true copy under the signature of the dealer or officer-in-charge of the police station or unit armory, as the case may be, shall be forwarded, to the district magistrate as early as possible after the expiry of each quarter.

(3) The licensed dealer or the officer-in-charge of the police station or unit armory or officer-in-charge of police armory in the district/ taluqa headquarters, where the arms or ammunition are kept, shall

R.50 Inspection

50

(1) Arms and ammunition deposited in a police station or with a dealer and those transferred to the district malkhana and the register maintained for the purpose shall be inspected periodically by the district magistrate or other officer appointed by the State Government in this behalf in accordance with such procedure as may be prescribed by the State Government.

(2) The arms or ammunition deposited in a unit armory and the register maintained for this purpose shall be inspected periodically by the officer commanding the unit or any other officer empowered by him in accordance with the procedure prescribed by the Government of the State, where the unit is for the time being located.

Chapter V

51

(1) The licensing authority while granting a license in Form VII shall show clearly in the license form the categories and description of the arms or ammunition allowed to be manufactured or proof tested or both, by the licensee as specified in these rules.

(2) Proof-testing of firearms manufactured by a licensed manufacturer shall be carried out only in accordance with the provisions contained in rule 59 in this regard and no manufactured firearms shall be allowed to be sold which have not been duly proof tested.

(3) A copy of every license granted in Form VII by the licensing authority shall forthwith be sent to the district magistrate of the place of manufacturing facility of the licensee and the Home Depart

R.52 Type of firearms for grant of a license in Form VII for manufacture and proof test

52

The licensing authority may grant a license in Form VII for the following types of arms for manufacture or proof test or both, namely:-

(i) I - Small arms

(ii) II - Light weapons

(iii) III - Items configured for military use:

Provided that if any of the items falling under type I, II or III include any prohibited arms or ammunition, the licensing authority shall obtain prior permission of the Central Government under section 7 of the Act before grant of a license in Form VII.


R.53 Applications for a license in Form VII

53

(1) Every manufacturer applying for a fresh license under these rules shall be an Indian company incorporated under the Companies Act, 2013 (18 of 2013): Provided that the applicant company is owned and controlled by resident Indian citizens or by Indian companies, owned and controlled by resident Indian citizens except in respect of a company having Foreign Direct Investment (FDI) beyond forty-nine percent:

Provided further that the Chief Executive of the company is a resident Indian and the management of the applicant company is in Indian hands with majority representation on the Board excluding nominee or independent directors except in respect of a company having Foreign Direct Investment (FDI) beyond forty-nine percent.

R.54 Procedure for grant of license in Form VII

54

(1) The license for manufacture or proof-test or both shall be granted by the licensing authority to an applicant who fulfills the eligibility criteria laid down in these rules provided that no adverse remarks are received from various government agencies entrusted for verifying the antecedents of the applicant company or its directors or responsible person, as the case may be.

[(2) A licence granted in Form VII shall be valid for the life time of the licensee company:

Provided that the licensee shall be required to setup the facility for manufacture or proof test of arms and/or ammunition, recruit technical and administrative staff, develop and proof test proto-types of arms and ammunition, conduct trial runs

R.55 Other requirements as to licenses granted in Form VII

55

(1) The licensee shall preferably be self-sufficient in areas of product design and development and have maintenance and life cycle support facility of the product to be manufactured and the items to be manufactured shall meet the International or Indian accredited quality standards and norms with special emphasis on indigenous designing:

Provided that no infringement of patents or copyrights, shall be permissible.

(2) The licensee shall submit the standards and testing procedures for manufacture of firearms and ammunition to the Government nominated Quality Assurance Agency, which will inspect the finished product in the trial run and conduct audit of the Quality Assurance Procedures in respect of design, work

R.56 Obligations of licensees having licensee Form VII

56

(1) The validity of a license granted in Form VII shall be subject to the manufacturer's compliance with the conditions contained in these rules and in the license.

(2) The licensee having a license in Form VII shall mark all firearms and ammunition that it manufactures in the manner as specified in rule 58.

(3) The licensee company shall comply with the Foreign Direct Investment (FDI) policy of the Government of India and the regulations framed under the Foreign Exchange Management Act, 1999 (42 of 1999) as notified by the Reserve Bank of India in case of foreign direct investment in the said company.

(4) The licensee shall comply with the security guidelines as contained in the Security

R.57 Import of machinery for manufacturing arms and ammunition and other parts etc.

57

(1) The licensee having a license in Form VII shall submit an application along with the complete list of machinery to be installed, to be procured locally or imported.

(2) The license for acquisition, possession, import or transport of machinery shall be issued in Form I.

(3) Import of arms specified in category II of Schedule I and raw material in the form of metal, alloy, fiber, polymers, wood and other allied items, for manufacturing of such arms, shall be allowed subject to the provisions of the Foreign Trade Policy notified under the Foreign Trade (Development and Regulation) Act 1992 (22 of 1992) from time to time by the Directorate General of Foreign Trade (DGFT) and on the recommendations of the Minist

R.58 Marking of firearms and ammunition at the time of manufacture

58

(1) All firearms shall have applied to them, at the time of their manufacture, unique markings containing the following information, namely:-

(i) the country of manufacture;

(ii) the name of the manufacturer;

(iii) a serial number unique to the manufacturer;

(iv) year of manufacture;

(this information may be incorporated into the serial number)

(v) firearm type/ model;

(vi) caliber;

(vii) proof-marks; and

(viii) such other additional information if the firearm is intended for an Indian domestic State entity viz. military, Central Armed Police Forces, Police e

R.59 Proof test of firearms

59

(1) A new manufacturer may set up a proof test facility for gun barrels or completed firearms.

(2) The facility shall be located within its premises separately from its arms manufacturing unit.

(3) A manufacturer who intends to set-up a proof testing facility shall make an application in Form A-6 along with the application for arms and ammunition manufacturing license.

(4) The application under sub-rule (3) for proof-testing facility shall be examined by the Ministry of Home Affairs in consultation with the Directorate General of Quality Assurance (DGQA), Ministry of Defense and in accordance with the guidelines specified for manufacturing license.

(5) The existing ma

R.60 Capacity revision and applicability of new norms to existing manufacturers

60

(1) The existing manufacturers may apply for grant of a fresh license in Form VII in accordance with the procedure specified in rule 51.

(2) The existing manufacturer may apply for enhancement or restoration or revision or re-fixation of its licensed capacity by an application made in this regard with the Government of India in the Ministry of Home Affairs with the recommendation of the State Government concerned, along with the following documents, namely:-

(i) a copy of the existing manufacturing license;

(ii) certified copies of the annual accounts of the licensee for the last five years duly certified by a Chartered Accountant;

(iii) details of the plant and machi

R.61 License in case of an individual or a sole proprietor

61

(1) In case the existing manufacturer having a license in Form IX under the Arms Rules, 1962 is an individual or a sole-proprietorship concern, the license shall expire ipso-facto on the death of the licensee.

(2) The legal heirs of the licensee under this rule may prefer an application for grant of a fresh license in Form VII to the Central Government in the Ministry of Home Affairs, which may consider such application on case to case basis.


R.62 Admission of partners in case of existing manufacturer

62

(1) In case the existing manufacturer having a license in Form IX under the Arms Rules, 1962 is a partnership firm, additional partners may be admitted in case of death of a partner wherein legal heirs of the deceased partner may be admitted as a partner or partners in the firm subject to prior approval of the Central Government in the Ministry of Home Affairs.

(2) An existing partner, during his life time, may induct his legal heirs as an additional partner under this rule, on obtaining written consent of all other existing partners, if any, in the partnership firm subject to prior approval of the Central Government in the Ministry of Home Affairs.


R.63 Conversion of partnership firm into a private limited company

63

(1) Any existing manufacturer, being a partnership firm, may make an application to the Central Government in the Ministry of Home Affairs with the recommendations of the State Government concerned for grant of permission to convert the firm into a private limited company and the Central Government may grant such permission provided that the Memorandum and Articles of Association of the newly incorporated Company contain that?

(a) only the existing partners or family members are on the Board of Directors of the company;

(b) restriction on the directors to transfer shares, assets or profits of the company to any outside person and on submission of an undertaking to the effect that the applicant company has compl

R.64 Restoration of license of a discontinued business of an existing manufacturer

64

In case of a discontinued business, the legal heir of the deceased licensee, if he is a major, may make an application for the grant of a fresh license in Form VII to the Central Government in the Ministry of Home Affairs within twelve months of the death of the licensee and in case the legal heir is a minor, within twelve months from the date of his attaining majority.


R.65 Record of transactions to be maintained by licensees holding license in Form VII

65

(1) The manufacturer shall keep a register in the format of a secure electronic database known as the 'Firearms Stock Register', wherein the following particulars shall be recorded: -

(a) on the debit side, against a stock number, the date of manufacture, make, caliber, model and manufacturer's serial number; and

(b) on the credit side, against the stock number referred to in sub-rule (a), -

(i) the date of sale of firearm;

(ii) the name and address and license number of the dealer to whom the firearm is sold;

(iii) the particulars of the Government department to whom the firearm is sold;

(iv) the partic

R.66 Enforcement powers as to inspection and confiscation

66

(1) (a) The licensing authority shall from time to time, conduct inspections of manufacturing facilities and records, in order to ensure compliance with the conditions of the license under the Act.

(b) The inspection may include verification of inventory records, mechanism of marking of firearms, review of security norms, personnel records and any other areas of relevance deemed appropriate by the inspecting team or as per the instructions contained in the audit and inspection programme decided by the licensing authority.

(2) Firearms, their parts, components or ammunition that have been illicitly manufactured shall be permanently confiscated by the enforcement agencies.

(3) (a) Firearms,

R.67 License to manufacture replica of firearms

67

(1) A license in Form VII-B may be granted to any person, to manufacture replicas of antique (muzzle loading) and contemporary (breech-loading) firearms for domestic market and export purposes.

(2) The persons not holding any license or persons holding a license in Form I for possession of machinery, or in Form IX for manufacture of firearms, under the Arms Rules, 1962 shall apply for a new license in Form VII-B for manufacture and sale of replica of firearms within one year from the date of the notification of these rules.


R.68 Inspection of samples of replica of firearms

68

(1) The manufacturers of replicas of firearms shall keep not more than fifty samples of each type of replicas at any given time.

(2) The manufacturer of replica of firearms shall, before commencement of manufacture, cause inspection by Directorate of Inspection, Department of Defense Production, Ministry of Defense of sample of each type of replica at the cost to be borne by the manufacturer, by submitting to the Directorate of Inspection ?

(i) three specimens of each type of replica proposed to be manufactured;

(ii) five copies of photos or drawings of each type of replica describing its main parts; and

(iii) the original and one copy of the license issued in Form VI

R.69 Markings of replicas of firearms

69

(1) The name of manufacturer shall be engraved on each replica manufactured for sale as below:

"Replica of fire-arm manufactured by Messrs

(Name of the firm and city) India".

(2) The manufacturer shall also engrave on each replica -

(i) type of replica;

(ii) manufacturer's serial number; and

(iii) date of the inspection of the specimen by the Directorate of Inspection.

Illustration:

If four different types are approved after inspection, the specimens will be described as A, B, C and D and the following shall be engraved on each replica in addition to the name of manufacturer vide

R.70 Maintenance of records by manufacturer of replicas of firearms

70

(1) The manufacturer shall maintain records of manufacture and sale of replicas in the format given in the following table, namely:--

Table

Serial No. of firearm replica manufactured

Date of manufacture

Date of disposal

Name and address of purchaser

R.71 Procedure for making replicas of firearms innocuous

71

The replicas of firearms may be made innocuous through any of the following methods, namely:-

(i) by cutting a slot of the size of 12 mm x 6 mm on the underside of the barrel at a distance of 25 mm from the breech end in case the barrels of replicas are made of the same metal which is used for manufacture of barrels of firearm; or

(ii) by manufacturing barrels of replicas with soft metals like brass; or

(iii) by eliminating channel in the barrel or by not linking the channel with fire mechanism or by eliminating firing mechanism; or

(iv) by providing a solid barrel or by making the rear portion of the barrel solid while the front portion of the barrel is given the sha

R.72 Sale and export of replicas of firearms

72

(1) The grant of licenses for export of firearms replica under these rules shall be subject to the provisions of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992).

(2) Every transaction of sale or export shall be accompanied by a certificate from the manufacturer of firearm replica under his seal and stamp certifying that the replicas being sold or exported have been rendered innocuous as firearms and correspond to the sample inspected by the Directorate of Inspection, Department of Defense Production and shall contain the following particulars: -

(i) serial number of replica;

(ii) date of inspection of sample;

(iii) year of manufacture; and

R.73 Grant of licenses to arms and ammunition dealers

73

(1) An application for grant of a license in Form VIII for arms and ammunition dealers shall be made in Form A-8, along with the following documents, namely:-

(i) a written declaration along with self-certified copies of drawings stating that the applicant has facilities available of a strong room for the safe custody of the firearms and ammunition;

(ii) a written undertaking with specific reference to the steps taken in connection with the safe custody of the firearms and ammunition including provision for access control, close circuit television system, security guards, fire-fighting devices, etc.;

(iii) verification forms containing the name and address of every person authorized to tra

R.74 License for restricted category of firearms and ammunition to arms and ammunition dealers

74

The Central Government in the Ministry of Home Affairs may, by a license granted by it in Form VIII authorize selected dealers to buy, sell or keep for sale a specified amount of firearms and ammunition of category I(b) or I(c) specified in Schedule I and the said licensee shall not sell or transfer any firearms or ammunition of such category to any person, without obtaining a prior confirmation from the licensing authority of the jurisdiction of the holder of the license that the licensee has been issued the said license to possess such restricted firearm or ammunition.


R.75 Records of transactions to be maintained by arms and ammunition dealers

75

(1) The licensee shall keep a register named as 'the Firearms Stock Register', containing the following particulars, namely:-

(a) on the debit side, -

(i) a stock number that must be clearly affixed by means of a temporary marking on the firearm;

(ii) the make, type, caliber of the firearm, as well as every manufacturer's serial number or additional identification mark that is reflected on the firearm;

(iii) the date of receipt of the firearm;

(iv) in case of trade transfer, the full name, license number, period of validity of license, UIN and physical address of the manufacturer or dealer from whom the firearm was pur

R.76 License to keep in custody arms and ammunition

76

(1) The licensee in Form VIII shall not accept for deposit arms or ammunition under the provisions of section 21 of the Act and for safe custody under rule 48 without satisfying himself that there is no mala fide intention on the part of the depositor or any person on whose behalf the deposit is being made.

(2) The licensee shall keep separate registers for arms and ammunition deposited under section 21 and for safe custody under rule 48.

(3) The registers referred to in sub-rule (1) shall contain the following particulars, namely:-

(i) the date of receipt of firearm;

(ii) the full name and address of the person from whom the arms or ammunition were acquired;

R.77 License for carrying out minor repairs

77

(1) A license in Form IX-A entitles the licensee gunsmith to carry out minor repairs to firearms and accept and store such firearms.

(2) The license also entitles the gunsmith to acquire and keep in stock ammunition to test firearms.


R.78 License for carrying out major repairs, conversion, etc.

78

(1) Where a license is granted in Form IX for conversion or carrying out major repair, of any category of firearms or ammunition, it entitles the licensee gunsmith to fabricate components or parts, for the purpose of conversion or major repair of such firearms but not to manufacture such components or parts to be utilized for assembling into complete firearms or ammunition of any category.

(2) The license also allows the licensee for deactivation and storage of firearms.

(3) The applicant applying for a license in Form IX must possess professional technical expertise to act as a gunsmith from a national or international institute or body legally recognized for imparting the professional or technical training.

R.79 Other conditions for licenses issued in Form IX and IX-A

79

The validity of the license granted in Form IX or Form IX-A shall be for a period of five years and shall specify the types of arms that may be converted, repaired (major or minor), tested (other than proof test) or to be kept for conversion, shortening, repairing (major or minor) or test (other than proof test) along with the description of ammunition allowed to be possessed for testing the repaired firearms or the description of ammunition allowed to be converted, as per the type of license granted under this category.


R.80 Unserviceable or defective and deactivated firearm

80

(1) No firearm shall be categorized as unserviceable or defective or deactivated firearm unless it is certified by the licensing authority in writing in this regard.

(2) Any licensee who wishes to get his firearm declared as unserviceable or defective or deactivated may make an application to the licensing authority for grant of permission for declaring it as unserviceable or defective or carrying out deactivation of the firearm and the licensing authority may grant the permission for declaring such firearm as unserviceable or defective or carrying out deactivation of the firearm.

(3) A firearm shall only be deactivated by a gunsmith and in the manner specified under rule 81.

(4) Where the

R.81 Technical procedure for deactivation of firearms

81

(1) A firearm shall be deactivated in the following manner, namely:-

(i) Barrel and chamber: A tight fitting metal plug to be inserted from the rear end and welded in place to prevent chambering of a cartridge or loading of a powder charge;

(ii) Revolver cylinder: A tight fitting metal plug to be inserted from the rear end and welded in place to prevent chambering of a cartridge or loading of a powder charge;

(iii) Firing pin: To be shortened and the firing pin hole in the breech face to be closed by welding;

(iv) Breech face: 75% or more to be removed at an angle of 45º.

Explanation.- In the case of a revolver, "breech face" refers to the area s

R.82 Records of transactions to be maintained by gunsmiths holding a license in Form IX or IX-A

82

(1) The licensee shall keep a register known as 'the Firearms Repair Register', wherein the following particulars shall be recorded, namely: -

(a) In respect of every firearm received for minor or major repair,?

(i) a stock number that must be clearly affixed by means of a temporary marking on the firearm;

(ii) the make, type, caliber of the firearm, as well as, every manufacturer's serial number or additional identification mark that is reflected on the firearm;

(iii) the date of receipt of the firearm;

(iv) the name, address and UIN of the licensee from whom the firearm was acquired;

(v) the

R.83 Inspection of premises, stock and record

83

Every magistrate and any police officer not below the rank of Inspector, or, if the Central Government so directs, of Sub-Inspector, acting within the local limits of his authority, or any officer of the Central Government specially empowered in this behalf may, -

(i) enter and inspect the premises in which arms or ammunition are manufactured or proof-tested or repaired or in which arms or ammunition are kept by a manufacturer of or dealer in or gunsmith of such arms or ammunition; and

(ii) examine the stock and accounts of receipts and disposals of arms and ammunition or any other register or document.


R.84 Manufacture and sale of air weapons including paintball markers or guns

84

(1) Notwithstanding anything contained in the foregoing provisions of these rules, -

(a) Manufacture or proof test or both, transfer, sale, keeping for sale or transfer of all types of air weapons by a manufacturer, including air rifles, air guns and paintball markers or guns irrespective of the muzzle energy or caliber or bore shall be subject to licensing requirements under these rules:

Provided that an existing manufacturer shall, within a period of one year from the date of notification of these rules in the Official Gazette, apply to the licensing authority for grant of a license for the manufacture of such weapons and the licensing authority may grant a license in Form VII-C to such manufacturer.

R.85 Obligations of air weapon dealers

85

(1) The air weapon dealer shall keep a register namely, the 'Air Weapon Stock Register', wherein on the debit side, all the receipts of air-weapons against an invoice issued by manufacturers or dealers as the case may be; or in case of other person with details of name and address of such person, shall be recorded with the date of such receipt and on the credit side, all the sales or transfers of air weapons against sales invoice to be issued shall be recorded with the date of such sale or transfer containing full details of the name and address of the buyer:

Provided that the licensee shall obtain and keep in his records proof of identification and proof of residence of the buyer and also of the seller at the time of purchase excep

R.86 Powers of Central Government in certain cases

86

(1) Where no license is required for the manufacture, sale, import, export or transport of any category or description of arms or ammunition by or through a manufacturer or dealer, the manufacturer or the dealer, may be asked to register his name and address and place of business in such manner and at such place as the Central Government may prescribe by issuance of a general or special order in this behalf and the manufacturer or the dealer shall maintain such registers and furnish such information to the Central Government as it may require in respect of the arms or ammunition, so manufactured, sold, imported, exported, or transported.

(2) Every manufacturer or a dealer referred to in sub-rule (1) shall obtain a UIN to get himself

R.87 Licenses for import and export of arms and ammunition

87

The grant of licenses for import and export of arms and ammunition under these rules shall be subject to the provisions of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992). The persons bringing into India the arms and ammunition as a part of their personal baggage shall be governed by the Customs Act, 1962 (52 of 1962) and the rules made there under:

Provided that a license shall not be granted for the import or export for re-import of any arms or ammunition through the medium of post office.


R.88 Import of arms and ammunition

88

(1) Arms or ammunition shall be deemed to have been brought into India by a person, when such arms or ammunition are imported through an agent and are either consigned to such person direct, or consigned to the said agent, if the agent possesses a certificate from the said person that the arms or ammunition are bonafide his property and the agent only clears the arms or ammunition from the Indian customs and forwards the same.

(2) The dealer or manufacturer, who wants to import a firearm or parts of firearms or ammunition shall file an application for grant of a license in Form X at least twenty-one days before the shipment of the firearm or ammunition to India or on good cause shown, such shorter period, as the licensing authority

R.89 Import of certain type of arms

89

(1) Import of replicas of contemporary or modern firearms shall be subject to submission of certificate of innocuousness from the manufacturing company of the country of export and an undertaking from the importer that the replicas of the firearms to be imported are incapable, even with modification, of expelling or launching a shot, bullet or projectile by the action of an explosive charge or compressed air or any other gas.

(2) Import of paintball markers or paintball guns shall be subject to submission of certificate from the manufacturing company of the country of export that the muzzle energy of the paintball markers or guns does not exceed 90 m/s or 300 ft./s (300 fsp) and an undertaking from the importer that the paintball ma

R.90 Export of arms and ammunition

90

(1) The authority granting a license in Form X for export of arms or ammunition from any customs port in India to any port in a foreign territory shall send a copy of such license to the agent or master of the vessel or to the air carrier or the railway authority by which the arms or ammunition covered by the license are intended to be taken out of India and shall forthwith send a copy of the license to the licensing authority of the place, wherefrom the goods are to leave the Indian territory.

(2) Every application for the grant of a license for export of arms specified in category IV of the Schedule I, shall be accompanied by a certificate from the Director-General of Archeology of the Central Government to the effect that the arm

R.91 Export and re-import of arms and ammunition

91

(1) A license in Form X may be granted for export of arms or ammunition from one place in India and its re-import into another place in India by the Central Government in the Ministry of Home Affairs or any other officer, specially empowered by it, if the arms or ammunition are taken across intervening territory not forming part of India.

(2) A copy of every license granted under sub-rule (1) shall forthwith be sent by the Central Government both to the licensing authority of the place of dispatch and place of destination of the articles in India.

(3) Arms and ammunition exported from India for the purpose of exhibitions, evaluations and demonstrations shall be returned to India within a period of six months af

R.92 In-transit license of arms and ammunition

92

(1) No person shall, import, transport and re-export any arms or ammunition unless he holds in this behalf an in-transit license in Form X issued by the Central Government in the Ministry of Home Affairs.

(2) The application for grant of in-transit license shall be accompanied by ?

(i) a proof of authority to export the arms and ammunition from the country of origin and a documentary proof of authority of import from the country of final destination that the arms or ammunition may lawfully be imported into the said country;

(ii) the particulars of the intended transport route and mode of transport and the proposed port of entry and exit and likely date of the entry and exit along with a ce

R.93 Vessels entering the territorial waters of India

93

Arms or ammunition carried by a vessel entering the territorial waters of India or leaving such waters, shall be deemed to be imported or exported, as the case may be, irrespective of whether the vessel carrying, the arms or ammunition does or does not berth.


R.94 Arms or ammunition to be delivered to Indian customs authority in certain cases

94

Where a vessel or aircraft, bound for a port other than a port in India, calls at any port in India in the course of its voyage, and remains there for a period exceeding forty-eight hours, any arms or ammunition in the possession of any passenger not exempted from liability to take out a license in respect of such possession shall be delivered by him to the Indian customs authority, to be detained until the departure by sea or air, as the case may be, of such passenger, and it shall not be necessary for such passenger to take out any license in respect of the arms or ammunition so delivered and detained.


R.95 Scrutiny by authorities of consignments containing arms and ammunition

95

(1) The license issued under Chapter VI of these rules shall be produced wherever applicable, to the authorities involved in the import or export transactions such as Indian customs authority, licensing authority of the port under the Act, railway authority, shipping agent, master of the vessel, air-carrier, transporter and any other authority directly or indirectly related with such transactions and the said authorities shall ensure that the consignment containing arms or ammunition correspond with the details contained in the license.

(2) Where in any case referred to in sub-rule (1), the original license is not produced by the importer or the exporter or the consignee or the agent, or the original or attested copy of the license

R.96 Prohibition of transport of arms and ammunition

96

(1) Save as herein otherwise provided, no person shall transport over India or any part thereof any arms or ammunition or any arms specified in category V of Schedule I, except under, and in accordance with the conditions of, a license in Form XII granted under these rules.

(2) Nothing in sub-rule (1) or in section 12 of the Act shall be deemed to apply to arms or ammunition -

(a) transported personally or as personal luggage, in reasonable quantities for his own use, by a person lawfully entitled to possess or carry such arms or ammunition;

(b) transported by a person licensed to manufacture such articles, for proof-testing, in a case or package legibly addressed to a Government establish

R.97 Transport of arms or ammunition

97

(1) A copy of license granted in Form XII for transport of arms or ammunition beyond the local limits of the jurisdiction of the authority granting it shall forthwith be sent to the district magistrate having jurisdiction over the area where the place to which the articles consigned is situated.

(2) A copy of every such license granted by a district magistrate for transport within the limits of his jurisdiction shall forthwith be sent to the subordinate magistrate (if any) having jurisdiction over the place to which the arms or ammunition are consigned.

(3) Where arms or ammunition are transported by rail, a copy of such license or a copy of the no objection certificate referred to in rule 98, shall be attached

R.98 Previous consent in certain cases

98

(1) A license having effect beyond the local limits of the authority of the officer granting it shall not be granted for the transport or export or re-import of any arms or ammunition to a place, without ascertaining that there is no objection to the grant of such license on the part of the district magistrate having jurisdiction over the area in which such place is situated.

(2) For the purposes of sub-rule (1), either -

(i) a certificate of "no objection" may be obtained by the applicant for the license; or

(ii) an enquiry may be made by the authority to whom application for grant of such license is made.


R.99 Carriage of arms and ammunition by air

99

(1) No licensee holding a valid license under these rules or a journey license in Form XI or import and export license in Form X or holding a transport license in Form XII, may carry or cause or permit to be carried, arms and ammunition endorsed on his license by air, except with the prior permission of the Director General of Civil Aviation (DGCA) in accordance with the Aircraft Rules, 1937 framed under the Aircraft Act, 1934 (22 of 1934).

(2) The arms and ammunition granted permission under sub-rule (1) shall be so packed, protected and secured as to avoid any possibility of their being a source of danger and the packages shall be clearly and conspicuously marked on the outside.


R.100 Packaging of arms and ammunition during transportation

100

The licensee holding a license in Form XII, during transportation of firearms and ammunition shall ensure that -

(i) firearms are packed separately from ammunition, and all ammunition shall be removed from firearms in a safe manner, before transportation;

(ii) large consignments of firearms and ammunition be transported in an appropriately locked metal container, and packed to ensure maximum safety and minimum exposure;

(iii) small consignments of firearms be transported in an appropriately locked metal container or strong wooden boxes or wrapped in hessian cloth tightened with iron strips; and

(iv) direct continuous supervision and control of arms and ammunition bei

R.101 License for transporter

101

(1) Any person applying for a transporters license in Form XIV shall in addition to the requirements laid down in rule 11, submit -

(i) proof that a proper functioning two way secure communication system between the vehicle transporting the arms or ammunition and the applicant is in operation;

(ii) a detailed description of the safety measures fitted to the vehicle including GPS navigation system; and

(iii) a detailed description of security precautions to be followed during transportation.

(2) The transporter holding a license in Form XIV shall before undertaking transport of arms and ammunition, obtain from the consignor a copy of his transport license in Form XII

R.102 Procedural requirements for transporters license

102

(1) An arms or ammunition transporter holding a license in Form XIV shall possess at all times during such transport, -

(a) a consignment note containing the following particulars:-

(i) the name, address, license and UIN of the transporter;

(ii) the name, address, license number and UIN of the consignor and of the consignee in respect of arms and ammunition to be transported;

(iii) the quantity, type of action, manufacturer's serial number, make and caliber of the firearms and quantity, make and caliber of ammunition; and

(iv) the physical address wherefrom the firearms and ammunition were collected and the physical

R.103 Confiscation, capture or seizure of firearms and ammunition

103

(1) The firearm bureaus under the Central Government or the State Governments shall maintain inventory for different categories of confiscated, captured, seized, recovered or surrendered arms and ammunition.

(2) The firearm bureaus referred to in sub-rule (1) shall be granted UIN by the Central Government and allotted separate user-id and password under the NDAL system.

(3) The arms and ammunition confiscated, captured, seized, recovered or surrendered shall, on registration of a First Information Report at the nearest police station, be taken on charge of memo of seizures to be signed by the person(s) involved in confiscation or capture or seizure or recovery or surrender, and handed over to the empowered off

R.104 Destruction of firearms and ammunition

104

(1) Any obsolete or obsolescent, condemned or unserviceable firearm or any confiscated, captured, seized, recovered or surrendered firearm that does not bear the manufacturer's serial number or additional identification mark shall be marked forthwith by the concerned Central or the State firearm bureau in accordance with the procedure laid down in rule 34 and rule 58 and details of such firearm be recorded in a separate register and uploaded on the NDAL system under a distinct category.

(2) The firearm bureau shall submit to the local licensing authority an application containing the details of firearm to be destroyed, giving particulars regarding the make, type, caliber of the firearm as well as the manufacturer's serial number or

R.105 Appellate authorities

105

(1) The appellate authority to whom an appeal shall lie against an order of the licensing or other authority specified in column (1) of the table below, shall be that specified in the corresponding entry in column (2) thereof :

Table

Authority

Appellate Authority

(1)

(2)


R.106 Reasons to be communicated to appellate authority in certain cases

106

Where a licensing authority is of opinion that it will not be in the public interest to furnish reasons for the refusal, renewal, variation of conditions, revocation or suspension, of a license, to the applicant, the recorded reasons therefor and the facts of the case shall be communicated by him to the appellate authority.


R.107 Appeal against order of licensing authority or an authority suspending or revoking a license under subsection (6) of section 17 of the Act

107

In any case, in which an authority issues an order ?

(i) refusing to grant or renew a license or to give a "no objection certificate" for such grant or renewal; or

(ii) varying any condition of a license or suspending or revoking a license under sub-section (1), or subsection (3) or sub-section (6) of section 17, the person aggrieved by such order may, within thirty days from the date of issue of the order, and subject to the proviso to sub-section (2) of section 18, prefer an appeal against that order, to the concerned appellate authority.


R.108 Procedure to be followed by appellate authority

108

On receipt of an appeal, the appellate authority may call for the records of the case from the authority who passed the order appealed against and after giving the appellant a reasonable opportunity of being heard, pass final orders within sixty days of receipt of the appeal.


R.109 Fee payable on a petition for appeal made under sub-section (1) of section 18 of the Act

109

Every petition for appeal under sub-section (1) of section 18, shall be accompanied by a fee of rupees one thousand.


R.110 Import, transport and export of arms and ammunition for Government of Nepal

110

(1) Where arms or ammunition are imported into India for dispatch to the Government of Nepal, the customs authority at the port of disembarkation, or the licensing authority in other places, shall check the consignment against the list of arms or ammunition received from the Central Government and the packages shall be sealed thereafter in the presence of a Customs Examiner or any other authority appointed for the purpose by the Central Government.

(2)(a) Where arms or ammunition imported into, or acquired in, India are to be dispatched to Nepal for the Government of Nepal, they shall be accompanied by a certificate from the Indian customs authority or the licensing authority of the area concerned to that effect containing a descri

R.111 Transport of arms from any place in Nepal to any other place in Nepal through Indian territory

111

(1) Notwithstanding anything contained in rule 6 and rule 87,the Ambassador of India in Nepal, on an application made by the Government of Nepal, and subject to confirmation by the Central Government, may grant a license in Form XV for the import into, possession in, transport across, or export out of, India from any place in the territory of Nepal to any other place in that territory across the frontiers of India, of arms or ammunition specified in categories I and II of Schedule I or any other category of Schedule I by Nepal Government's troops or police, as the case may be.

(2) Where under the authority of a license granted under sub-rule(1), arms or ammunition are to pass across Indian Territory,?

(a) if e

R.112 Common conditions applicable to all types of licenses

112

(1) The licensee shall -

(a) not possess Government arms and ammunition as defined in clause (22) of rule 2:

Provided that the above condition may be canceled by the authority granting the license empowered to do so by the Central Government, and an endorsement added showing the Government arms or ammunition which the licensee is authorized to possess.

(b) on demand by an authorized officer produce the firearms possessed under his license;

(c) not sell or transfer any firearms or ammunition or any part thereof covered by his license to any person not lawfully entitled to possess them;

(d) forthwith give information at the nearest police station

R.113 Security and precautionary conditions for storage of ingredients of ammunition specified in category VI of Schedule I

113

(a) Chlorates shall be kept in a building constructed of nonflammable materials only and separated from any dwelling house, other building, highway, street, public thoroughfare or public place by a distance of not less than ten feet:

Provided that where the total quantity stored does not exceed one hundred kilograms, chlorates may be kept exclusively in a closed and secured receptacle placed in a building used for the keeping of other articles not being of an explosive or highly inflammable nature.

(b) Sulphur shall not be kept in the same room with saltpeter in the premises specified in the license:

Provided that when the quantity of each does not exceed one hundred kilograms, sulphur an

Sch.I .

Schedule I

<

Schedule I

(See rule 3)

Part A

 

Category

Arms

 

Ammunition

Sch.II .

Schedule II

Schedule II

(See rule 5)

Licensing Authorities Etc.

Item No.

Schedule III

Schedule III

Part - I

License Forms

Form - I

License for -

(A) Acquisition/ Possession/ Import and Transport of firearms or ammunition of categories I (a) and II of Schedule I; and

(B) Import of firearms and ammunition of Categories I(b) and I(c) of Schedule I

UIN __________________________________

Schedule IV

Schedule IV

(See rule 27)

Table A

Fees payable for licenses

Part I

Licenses issued Under Section 3 for Acquistion and Possession

Sr. No.

License Form No.

Schedule V

Schedule V

(See rule 16)

Prescribed time limits for various services under the rules for licensing authorities under Schedule II

S.No.

Nature of Service

Rule No.

Prescribed Time Period

(1)


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