Overview – Firearm/Gun License

In India, a gun license is official permission issued by local police to buy, own, or carry a firearm. Licenses are categorized into NPB (Non-Prohibited Bore) for civilians and PB (Prohibited Bore) mostly for defence personnel. Valid for three years, it must be renewed a month before expiry. Governed by the Arms Act, 1959 and Arms Rules, 1962, the process involves legal formalities and expenses. Citizens facing serious threats can apply for a license, depending on the type of firearm.

Benefits of Firearm/Gun License

• Strengthened Security Framework
  Securing a firearm or gun license enables security teams to establish a solid safety setup, deterring potential risks and preventing unauthorized intrusions.
• Rapid Emergency Handling
  Authorized and skilled security personnel ensure quick action during emergencies, lowering potential damage and containing critical threats.
• Safeguarding Valuable Assets
  Companies managing high-value goods can utilize firearm licenses to protect against burglary and prevent illicit access to crucial materials.
• Extensive Personnel Training
  The process of obtaining a firearm license involves intensive instruction, enhancing the expertise and confidence of guards for superior defense.
• Risk and Liability Control
  Following lawful gun possession protocols helps minimize business exposure to risks and highlights a firm’s dedication to compliance and accountability.
• Adaptive Protection Strategies
  Certified personnel can customize defense plans based on unique requirements, ensuring precise and proactive safety measures.
• Regulatory Adherence
  Some sectors require licensed firearm holders for legitimate functioning, keeping the business aligned with relevant industry laws and standards.
• Preserve Corporate Image
  Accountable firearm usage, backed by legal authorization, boosts a company’s credibility and reflects its focus on maintaining a secure atmosphere.
• Specialised Skill Development
  Authorized security can train internal teams with specific techniques, raising overall preparedness in tackling threats effectively.
• Lawful Operational Shield
  By securing and renewing a firearm license, firms stay within legal boundaries, reducing the chance of facing regulatory or legal hurdles.

Eligibility Criteria

• Age: Applicants for a firearm license must be at least 21. There are exceptions for certain categories, such as sport shooters and individuals engaged in professional security work, who may be eligible at a younger age.
• Need and Justification: Applicants must provide a valid reason for needing a firearm. Common reasons include self-defence, sports shooting, hunting, and professional security roles. The applicant's need for a firearm is critical in the licensing process.
• Clean Criminal Record: Applicants should not have a history of serious criminal offences. Individuals with a criminal record or pending criminal cases are generally disqualified from obtaining a gun license.
• Mental Health: Applicants are required to provide a certificate from a registered medical practitioner indicating mental stability and fitness to possess a firearm.
• Local Verification: The local police will conduct a thorough background check and verify the applicant's character and antecedents.
• Training and Competency: Depending on the type of firearm and intended use, applicants may need to complete a firearm safety and handling training course from a recognized institution or shooting club.
• Proof of Address and Identity: Applicants must provide valid proof of residence and identity, such as an Aadhar card, passport, PAN card, or voter ID.
• References: Applicants often need to submit character references from respectable citizens who can vouch for their credibility and suitability to possess a firearm.
• Waiting Period: There is usually a mandatory waiting period between applying for a gun license and its approval. This period allows for proper verification and due diligence.
• Restricted Categories: Certain categories of individuals, such as individuals involved in political or social activism, are generally not granted firearm licenses.
• Limitations: The number and type of firearms an individual can own are often limited based on the purpose and need. The law usually prohibits owning military-grade or prohibited weapons.

Checklist for Applying for a Firearm/Gun License

For Individuals, Sports Individuals & Institutions

• Completed Application Form (as per Schedule III of Arms Rules 2016)
• Address Proof
• Identity Proof
• Recent Passport-sized Photographs
• Proof of Age
• Proof of Residence
• Justified Reason for License (self-defence, sports shooting, etc.)
• No Objection Certificate (NOC) from the local police station
• Character References
• Medical Certificate (for physical and mental fitness)
• Membership Proof (if applicable, for shooting clubs or organisations)
• Affidavit of Responsible Usage
• Any Additional Required Documents (as per state regulations)

For Manufacturers Applying for a Fresh License

• Completed Application Form (as per Schedule III of Arms Rules 2016)
• Proof of Incorporation (Certificate of Incorporation under Companies Act, 2013)
• Proof of Ownership and Control (resident Indian ownership and control)
• Chief Executive's Indian Residency Proof
• Board Representation Details
• Proof of FDI Percentage (if applicable)
• Any Additional Required Documents (as per state regulations)

For Individuals/Firms Applying for a Fresh Arms Dealer License

• Completed Application Form (as per Schedule III of Arms Rules 2016)
• Proof of Identity and Residence
• Business Proof (for firms, including registration details)
• Detailed Business Plan
• Security Arrangements for Storage
• Financial Statements (if applicable)
• Any Additional Required Documents (as per state regulations)

Documents Required

• Application Form – Duly filled as per the Arms Rules.
• Address Proof – Recent utility bills, rent agreement, or Aadhaar card.
• Identity Proof – PAN card, Aadhaar card, passport, or voter ID.
• Passport-size Photographs – Recent and clear photos as specified.
• Proof of Income – Salary slips, income tax returns, or bank statements.
• No Objection Certificate (NOC) – From the local police station.
• Character Reference – Letters from two reputable individuals vouching for your character.
• Self-Declaration – Declaration of responsible firearm usage.
• Medical Certificate – Certifying mental and physical fitness from a registered doctor.
• Firearm Training Certificate – If required, from a recognised shooting range or club.
• Proof of Membership – For sports shooters (club membership or association).
• Proof of Need – Detailed justification for possessing a firearm (e.g., self-defence, sports).
• Affidavit – Stating authenticity of submitted documents and compliance with rules.

Procedures to Get a Firearm/Gun License

• Step 1: Submit Your Application
  Our experts will review and file your application on your behalf to ensure it meets all legal requirements.
• Step 2: Application Review and Community Input
  The local police will assess your application, verify your address, and conduct a background check for any criminal record. They may also speak with your neighbors to evaluate your character and determine your eligibility.
• Step 3: Evaluation and License Issuance
  Upon successful verification and approval by the licensing authority, you will receive your firearm license. This allows you to legally purchase a gun from authorised dealers.

Renewal of Firearm/Gun License

Firearm license holders can apply for renewal by submitting a written request to the District Magistrate. Before renewal, it's important to confirm continued eligibility, including background and fitness checks. This ensures legal compliance and uninterrupted ownership.

Suspension and Revocation of Firearm/Gun License

Suspension and revocation of a gun license are different in effect but may arise from similar reasons. The licensing authority has the discretion to act based on the case specifics. Common reasons include false information or breach of license terms.

A license may be suspended for a set duration, but the order takes effect only after giving the licensee a chance to be heard and assessing any related obligations.

Transfer of Firearm/Gun License

A firearm license must be transferred when the holder permanently relocates to another state. This involves re-registering with the new state's authority and submitting supporting documents for the transfer.

Cancellation of Firearm/Gun License

• Submitting false or incomplete information during the application process can lead to cancellation.
• Authorities have the right to suspend or cancel the license if legal provisions are violated.
• Public safety concerns can be grounds for suspension or cancellation.
• Failure to surrender the firearm after the license expires may also result in license cancellation.

Retaining or Surrendering Guns

Individuals possessing more than three firearms under a single license, either before or after the 1983 amendment, are required to surrender the excess weapons. These excess firearms must be submitted to designated authorities. However, members of the union armed forces may be allowed to retain the surrendered firearms under specific conditions.

Prohibited Bore (PB) vs. Non-Prohibited Bore (NPB) Weapons

• Definition
  PB: High-powered firearms with restrictions
  NPB: Firearms with less power and restrictions
• Typical Examples
  PB: High-calibre handguns, assault rifles
  NPB: Small-calibre handguns, rifles, shotguns
• Regulations and Restrictions
  PB: Subject to stricter regulations
  NPB: Subject to comparatively fewer regulations
• Licensing Requirements
  PB: More stringent criteria for ownership
  NPB: Relatively less stringent ownership criteria
• Licensing Authority Discretion
  PB: Licensing authority exercises greater discretion
  NPB: Licensing authority exercises moderate discretion
• Licensing Purpose
  PB: Typically restricted to specific needs
  NPB: Used for various purposes including sports shooting
• Potential for Harm
  PB: Greater potential for harm and damage
  NPB: Lesser potential for harm and damage
• Background Checks and Evaluation
  PB: More thorough background checks
  NPB: Comprehensive evaluation of applicants
• Legal Implications
  PB: May require additional legal scrutiny
  NPB: Generally subject to standard legal scrutiny
• License Conditions
  PB: May come with specific usage conditions
  NPB: Conditions may be less restrictive
• Common Examples of Firearms
  PB: High-calibre rifles, machine guns
  NPB: Handguns, rifles, shotguns

Obtain a License to Import – Export Guns

• Citizens are generally restricted from importing or exporting firearms under prevailing foreign trade regulations.
• Specific exemptions exist for certain categories, such as arms, under defined legal provisions.
• The process begins by securing the appropriate permit from the designated government body.
• Applicants must directly liaise with authorised agencies to follow the detailed arms import/export procedure.
• Key documentation includes import-related papers, customs clearance certificates, and certificates of origin.
• Prior certification is mandatory when exporting firearms from least developed nations.

Area Validity of Arms Licences

For Prohibited Bore (PB) weapons, the Central Government considers requests to extend the area validity—whether to multiple states or nationwide—based on the applicant’s justification.

For Non-Prohibited Bore (NPB) weapons, State Governments evaluate All India Validity (AIV) requests after receiving recommendations from the District Magistrate. The decision takes into account the applicant’s need, the regional context, and law-and-order conditions.

AIV is generally advised for:

• Current Union Ministers or Members of Parliament
• Military and paramilitary personnel
• Officers of the All-India Services
• Officers with all-India postings

For other applicants, State Governments must get prior approval from the Ministry of Home Affairs (MHA), explaining the necessity in detail. AIV, if granted, is valid for three years and may be renewed with MHA’s consent. States must also send quarterly reports to MHA on AIV cases.

Grant of Arms Licences Under Family Heirloom

• Existing PB/NPB firearm holders can transfer their weapons to legal heirs.
• This is permitted if the licensee is over 70 years old or has held the weapon for 25+ years.
• Applications must be submitted to the Ministry of Home Affairs and the respective State Government or District Magistrate.
• The heir must meet Arms Act eligibility and demonstrate firearm handling capability.
• Legal heirs include sons, daughters, spouses (husband or wife).
• Transfers to daughters-in-law, sons-in-law, siblings may be allowed based on merit.
• After the licensee’s demise, a No Objection Certificate (NOC) from other legal heirs is required for the transfer.

Firearm Types and Classifications

• Handguns are compact weapons designed for single-hand operation, typically including pistols and revolvers.
• Rifles feature long barrels and are built for accurate shooting over greater distances; examples include bolt-action rifles and AR-15s.
• Shotguns have smooth barrels and are used to fire pellet-filled shells, ideal for close-range defense—like pump-action or double-barrel models.
• Assault rifles are rapid-firing firearms with magazine feed and select-fire functions, such as the AK-47 and M16.
• Submachine guns are lightweight automatics suitable for close-quarters, including weapons like the Uzi and MP5.
• Machine guns offer continuous automatic fire and are used in sustained combat situations, with examples being the M249 SAW and Browning M2.
• Sniper rifles are precision-engineered for long-distance accuracy; popular models include the Barrett M82 and Remington 700.
• Derringers are ultra-small, easily concealable firearms often made with multiple barrels, like those from Bond Arms.
• Muskets are historical muzzle-loaded guns that used black powder, such as flintlock variants.
• Carbines are short-barreled rifles commonly used by military forces for their balance between portability and power—examples include the M4 Carbine and Winchester Model 1892.

Application Guidelines for Firearms Licenses under Arms Rules 2016

Manufacturer's License Application

• The applicant must be an Indian company registered under the Companies Act, 2013 (18 of 2013).
• Ownership and control must lie with resident Indian citizens or Indian companies similarly managed. This rule excludes entities with over 49% Foreign Direct Investment (FDI).
• The Chief Executive Officer must be an Indian resident.
• Company management must primarily consist of Indian representatives on the board. Exceptions apply to companies with FDI exceeding 49%, where independent or nominee directors may be included.

Individual, Sports Individual & Institution Firearms License Application

Applicants from individual, sports, or institutional categories seeking licenses under A1 and A3 (as per schedule III) must fill out FORM II, III, and IV.

Renewal of Firearms License Application

For renewing licenses in categories A2 and A4 (as listed in schedule III), individuals and institutions are required to use FORM II, III, IV, and V.

Fresh Arms Dealer License Application

Those applying for a new arms dealership license under category A6 (as per schedule III) must submit their applications using FORM VIII and VIII-A.

Number of Guns Allowed Under a Single License

• Individuals holding more than three firearms under one license before the 1983 amendment can retain only three; the rest must be surrendered.
• Extra weapons may be handed over to the local police, an authorized arms dealer, or kept if the licensee is part of the Union armed forces.

Why Choose Sperso Filings?

• Legal Expertise: Sperso Filings has a team well-versed in firearm licensing and regulatory processes.
• Streamlined Process: They simplify paperwork, ensure accurate documentation, and guide you step-by-step.
• Time-Saving: Their experts handle administrative formalities, helping you avoid long delays.
• Error-Free Applications: Your forms and documents are thoroughly reviewed to prevent mistakes or rejections.
• Up-to-Date Compliance: Sperso stays informed on firearm law updates, ensuring your application meets current norms.
• Digital e-FIR Service: File FIRs online without visiting police stations, speeding up the legal reporting process.
• Custom Assistance: Receive guidance tailored to your specific case or questions, especially if your situation is unique.
• Support Team: Dedicated helpdesk to resolve doubts or issues during the entire licensing process.