Arms Act, 1959
3. License for acquisition and possession of
firearms and ammunition -
[ Note: S. 3 renumbered as sub section (1)
thereof by Act 25 of 1983, s. 3 ( w.e.f . 22-6-1983) ] (1) No person shall
acquire, have in his possession, or carry any firearm or ammunition unless he
holds in this behalf a license issued in accordance with the provisions of this
Act and the rules made thereunder :
Provided that a person may, without himself
holding a license carry any firearms or ammunition in the presence, or under
the written authority, of the holder of the license for repair or for renewal
of the license or for use by such holder.
(2) [ Note: Ins. by s. 3., ibid., (w.e.f . 22-6-1983) ] Notwithstanding anything contained
in sub-section (1), no person, other than a person referred to in sub-section
(3), shall acquire, have in his possession to carry, at any time, more than
three firearms:
Provided that a person who has in his possession
more firearms than three at the commencement of the Arms (Amendment) Act, 1983,
may retain with him any three of such firearms and shall deposit, within ninety
days from such, commencement the remaining firearms with the officer in charge
of the nearest police station or, subject to the conditions prescribed for the
purposes of sub-section(1) of section 21, with a licensed dealer or, where such
person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section.
(3) Nothing contained in sub-section (2) shall
apply to any dealer in firearms or to any member of a rifle club or rifle
association licensed or recognized by the Central Government using a point 22
bore rifle or an air rifle for target practice.
(4) The provisions of sub-section (2) to (6)
(both inclusive) of section 21 shall apply in relation to any deposit of
firearms under the proviso to sub-section(2) as they apply in relation to the
deposit of any arms or ammunition under sub-section (1) of that section.]
Comments
The power & jurisdiction of the licensing
authority to initiate ‘cancellation of license’ proceedings, has been vested
with the A.D.M. ( Lakhan Singh v. Commissioner, Jhansi Div., Jhansi & Ors.;
AIR 1984 All. 122 (123)]