WRITE-UP ON ARMS RULES, 2016
In India, firearms and other weapons are regulated under the Arms Act, 1959 and
the Arms Rules, 2016. The types of weapons and the permissions for private
individuals to possess or store them are categorized as follows:
Types of Weapons in India
1. Firearms (Category I):
- Pistols
- Revolvers
- Rifles
- Shotguns
- Carbine
- Any other similar types of firearms
2. Sharp-edged and Deadly Weapons (Category V):
- Swords (including sword-sticks)
- Daggers
- Bayonets
- Spears (including lances and javelins)
- Battle-axes
- Knives (including Kirpans and Khukris) and other such weapons with blades
longer than 9" or wider than 2"
- Steel baton
- "Zipo" and other such weapons called 'life preservers'
3. Other Articles (Category VI):
- Machinery for making arms, other than category II
- Any other arms which the Central Government may notify under Section 4 of
the Arms Act, 1959
4. Articles containing Explosives or Fulminating Material (Category VI(a)(b)):
- Fuses and friction tubes other than blank fire cartridges
- Ingredients as defined in section 2(1)(b)(vii) of the Act including lead, sulphur,
saltpeter, sodium azide, chlorates and per chlorates, fissionable material,
asphyxiating, poisonous, irritant, or other gases and analogous liquid, materials or
devices not used in any bonafide industrial process in India
Permissions for Private Individuals
Firearms
Private individuals in India are allowed to possess and store firearms for
protection, sport, target practice, and display, subject to obtaining the necessary
licenses as required under the Arms Act, 1959 and the Arms Rules, 2016.
Sharp-edged and Deadly Weapons
Private possession and storage of sharp-edged and deadly weapons, including
swords, daggers, and knives, are also subject to licensing and are regulated by the
Arms Act and Rules.
Other Categories
Additionally, private individuals seeking to acquire, possess, or store machinery for
making arms, articles containing explosives or fulminating material, and any other
arms notified by the Central Government must adhere to the specific requirements
and obtain the requisite licenses as per the Arms Act and Rules.
The acquisition, possession, and use of these weapons by private individuals are
subject to strict regulations, and the proper licensing and compliance with safety
and storage requirements are imperative to ensure legal and safe possession of such
weapons in India.
Arms Rules, 2016:
Storage Requirements for Arms Dealers in India
1. Secure Storage Facilities
- An account of the contents of each package shall be legibly written thereon, and
each package shall be marked with the word "Arms" or "Ammunition" or "Parts
and Components" - Section 13(2) of the Arms Act, 1959
2. Conveyance and Delivery Restrictions
- The articles shall not be conveyed by any route other than that specified in the
license and bulk shall not be broken nor shall the consignment be stopped before
the articles reach the place of destination - Section 13(2) of the Arms Act, 1959
3. Delivery to Lawful Recipient
- The articles shall be delivered only to a person lawfully entitled to receive them
- Section 13(2) of the Arms Act, 1959
4. Restrictions on Usage
- That the item(s) exported should not be used for purposes other than those
declared in End User Certificate - Arms Rules, 2016
5. Non-Transferrable License
- The license shall be non-transferrable and issued in three original copies - Arms
Rules, 2016
6. Return of Copies for Verification
- The first copy of the export license shall be returned to the issuing licensing
authority within ten days of the date of export, and the second copy shall be
returned within a period of ninety days after the export date - Arms Rules, 2016
7. Record Retention
- On completion of the export transaction, the exporter shall retain one original
copy of the export license, bill of lading, or airway bill, packing lists, and export
invoice - Arms Rules, 2016
8. Restrictions on Re-Export
- The item(s) should not be subsequently transferred (re-exported) without the
prior authorization of the original exporting Government - Arms Rules, 2016
9. Prohibition of Diversion
- The item(s) should not be diverted, sold, or transferred to any third party except
as indicated in the End User Certificate - Arms Rules, 2016
10. Verification and Certification
- If required, the exporter should provide verification or certification that
possession of the item(s) has occurred - Arms Rules, 2016
11. Prohibition of Use for WMD
- The item(s) should not be used for any purpose that relates to the development
of weapons of mass destruction and their delivery systems - Arms Rules, 2016
12. Compliance with Export and Import Policy
- This Licence is further subject to compliance with the Export and Import
Policy of the Government of India, as amended from time to time - Arms Rules,
2016
13. Compliance Assurance
- In the event of any false or incorrect information, the applicant and the
company are liable to be proceeded against under relevant provisions of the Arms
Act, 1959, and the Arms Rules, 2016 - Arms Rules, 2016
14. Documents to be Enclosed
- Rule 53 of the Arms Rules, 2016 specifies the documents required for a
company applying for a license, including founding documents, director
information, balance sheet, project outlay, and foreign ownership details.
