Assam Rolls Out Arms Licence Portal: What Are The Gun Laws In India

The Assam government has launched a portal where indigenous communities in the state's sensitive and remote regions can apply for licences to possess arms. The measure aims to boost the security of “original inhabitants or indigenous Indian citizens” in vulnerable border areas.

Under the scheme, applications will undergo a strict multi-layered scrutiny before they can own guns. Approved in May, the Cabinet cleared arms licences for border and remote area residents facing security threats.

Can You Get A Gun Licence In India?

The Arms Act, 1959, in India regulates the possession, sale, and use of firearms and ammunition. Here are the statutory foundations for obtaining a licence:

• Sections 3 and 4 establish the requirement for a licence to acquire or possess firearms and ammunition.
• Section 13 specifically entrusts licensing authorities (typically the District Magistrate or Commissioner of Police) with granting licences.
• Sections 15-17 govern the duration, renewal, and authority to vary, suspend, or revoke licences.
• Sections 14-16 cover grounds for refusal, fees, and administrative procedures.

The Arms Rules, 2016, issued by the Ministry of Home Affairs (MHA), explain how the Arms Act, 1959, works. They give details on who can get a gun licence, what documents are needed, how to apply or renew, and which weapons are allowed or banned.

Who Can Apply For A Gun Licence?

The Ministry of Home Affairs says:

• Manufacturers: Indian companies incorporated under the Companies Act, 2013, owned and controlled by resident Indian citizens (with specific conditions for FDI beyond 49%).
• Individuals: Citizens, sportspersons, and institutions for fresh licences (Forms II, III, IV) or renewals.
• Dealers: Individuals or firms applying for dealer licences (Forms VIII & VIII A).

As per Arms Rules, 2016 (Rule 20(3)), licence for permissible arms/ammunition may be given to:

• Persons with genuine need to protect life/property due to job, business, or other reasons.
• Dedicated sports shooters active in a licensed shooting club for at least two years.
• Serving or ex-members of Defence, CAPF, or State Police with a genuine need for protection.

Documents Required For A Gun Licence

• Founding company documents (MoA, AoA, Certificate of Registration, CIN, PAN, address proof).
• Director details: DIN, ID proof (Aadhaar/Passport/Voter ID/PAN), residence proof, photographs.
• Latest balance sheet, net-worth certificate, project outlay and financing plan (certified by CA).
• Board resolution authorising application and responsible person's details.
• Details of arms/ammunition to be manufactured or proof-tested.
• Proof of land, utilities, and site readiness for manufacturing/proof-testing facility.

Applications are submitted in prescribed forms via the National Database of Arms Licences (NDAL) online portal, and processed by the District Magistrate or Commissioner of Police as the licensing authority.

Fees Structure

• Form I (licence for certain firearms)- Rs 2000 grant, Rs 1000 yearly renewal, Rs 3000 for three years.
• Form II (similar licence) - Rs 1000 grant, Rs 1000 yearly renewal, Rs 3000 for three years.
• Forms III, IV, V (covers most firearms) - Most firearms Rs 1000 grant, Rs 500 yearly renewal, Rs 1500 for three years; semi-auto/restricted rifles Rs 1000 grant, Rs 1000 yearly renewal, Rs 3000 for three years; swords/other category V weapons Rs 500 grant, Rs 100 yearly renewal, Rs 300 for three years.

Licence Is Given For

• For smooth-bore guns with a barrel length of not less than 20 inches for protection, sport, or crop protection.
• For a loading gun for crop protection (other smooth bore allowed if needed).
• For .22 bore rifle or air rifle for target practice (must be member of a licenced/recognised rifle club).
• For other firearms if there is a good reason.