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Fires Back: No Farm Needed for Gun Licence Renewal
In a decisive ruling, the has quashed a police order denying renewal of a firearm licence to a Mangaluru senior citizen, Mr. Gregory F. Peres , simply because he doesn't own agricultural land. Justice Sachin Shankar Magadum , in a single-judge bench, emphasized that such a condition flies in the face of the , directing authorities to reconsider without this demand.
From Decades of Legal Possession to Sudden Roadblock
Mr. Peres, a 60-year-old resident of Mangaluru, had held a valid licence for his 12-bore SBBL shotgun (No. 6878/1993) for nearly three decades . No history of misuse or security threats marred his record. In 2023, when he applied for renewal under , the rejected it vide order dated , citing the absence of agricultural land ownership. Aggrieved, Peres filed No. 11588 of 2026 under , seeking to quash the order and a for renewal.
The core legal question: Can licensing authorities impose non-statutory conditions like land ownership for renewal, especially when
explicitly bars refusal
"merely on the ground that such person does not own or possess sufficient property"
?
Petitioner's Plea: Long Track Record Trumps Land Papers
Represented by advocate , Peres argued his unblemished history warranted renewal. He highlighted the seamless renewals over 30 years and stressed that presumes renewal unless cogent reasons are recorded. Demanding agricultural land was arbitrary, violating the Act's scheme and , which applies to renewals via .
Authorities' Defence: Land as Implicit Necessity?
The , Police Commissioner , and —through AGA —defended the rejection, implying agricultural land justified the need for a firearm, a common administrative practice in rural licensing.
Court's Sharp Aim: Statute Trumps Customary Whims
Justice Magadum dissected the Arms Act and . He underscored 's prohibition on property-based refusals, extending it to renewals under , which mirrors grant provisions in Sections 13-14 . timelines were noted but secondary.
The court rejected the agri-land rationale as "
" and
"in the teeth of the
."
Peres' long possession, sans adverse reports, tilted towards renewal's presumption. No precedents were cited, but the ruling reinforces statutory fidelity over administrative shortcuts, as echoed in media reports like
LiveLaw
's coverage:
"Renewal Of Arms Licence Can't Be Denied For Not Owning Agricultural Land."
Key Observations Straight from the Bench
-
"The legislative intent underlying is to prohibit arbitrary refusal of a licence on wholly considerations such as ownership or possession of property."
(Para 5) -
"Renewal has been declined solely on the premise that the petitioner does not own agricultural land. Such a reason... is not only but is in the teeth of the contained in of the Act."
(Para 6) -
"The requirement of ownership of agricultural land is neither a statutory precondition nor a permissible consideration. When the statute expressly mandates that lack of property shall not be a ground for refusal, the authority cannot indirectly achieve what is directly prohibited."
(Para 7) -
"The impugned order is vitiated by , and reliance on irrelevant considerations."
(Para 9)
Issued: Reload and Reconsider
The writ was allowed on :
(ii) The impugned order dated ... is ;
(iii) Respondent No.2 is directed to reconsider the petitioner’s application... strictly in accordance with law... without insisting upon production of documents relating to ownership or possession of agricultural land;
(iv) Such reconsideration shall be undertaken... within an outer limit of two (2) weeks...
No coercive action till then. This sets a precedent: Licensing must stick to statute, shielding long-term holders from arbitrary land tests. For urban or non-farmer applicants, it's a clear green light—renewals can't be derailed by outdated norms.
