Section 5 in The Arms Act, 1959

Title: Licence for manufacture, sale, etc., of arms and ammunition.

Description: 1[(1)] No person shall— (a) 2[use, 3[manufacture, obtain, procure]] sell, transfer, convert, repair, test or prove, or (b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof, any firearm or any other arms of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder: 4* * * * * 5[(2) Notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition: Provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of which a licence is required under section 4 shall be so sold or transferred by any person unless— (a) he has informed in writing the district magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and (b) a period of not less than forty-five days has expired after the giving of such information.] 1. Section 5 re-numbered as sub-section (1) thereof by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983). 2. Subs. by Act 42 of 1988, s. 3, for "manufacture" (w.e.f. 27-5-1988). 3. Subs. by Act 48 of 2019, s. 4, for "manufacture" (w.e.f. 14-12-2019). 4. The proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983). 5. Ins. by s. 4, ibid. (w.e.f. 22-6-1983).

Title: Licence for the shortening of guns or conversion of imitation firearms into firearms.

Description: No person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm 1[or convert from any category of firearms mentioned in the Arms Rules, 2016 into any other category of firearms] unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder. Explanation. In this section, the expression "imitation firearm" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not. 1. Ins. by Act 48 of 2019, s. 5 (w.e.f. 14-12-2019).

Title: Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or prohibited ammunition.

Description: No person shall— (a) acquire, have in his possession or carry; or (b) 1[use, manufacture] sell, transfer, convert, repair, test or prove; or (c) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof; any prohibited arms or prohibited ammunition unless he has been specially authorised by the Central Government in this behalf. 1. Subs. by Act 42 of 1988, s. 4, for “manufacture” (w.e.f. 27-5-1988).

Title: Prohibition of sale or transfer of firearms not bearing identification marks.

Description: (1) No person shall obliterate, remove, alter or forge any name, number or other identification mark stamped or otherwise shown on a 1[firearm or ammunition]. firearm. (2) No person shall sell or transfer any firearm which does not bear the name of the maker, manufacturers number or other identification mark stamped or otherwise shown thereon in a manner approved by the Central Government. (3) Whenever any person has in his possession any firearm without such name, number or other identification mark or on which such name, number or other identification mark has been obliterated, removed, altered or forged, it shall be presumed unless the contrary is proved, that he has obliterated, removed, altered or forged that name, number or other identification mark: Provided that in relation to a person who has in his possession at the commencement of this Act any firearm without such name, number or other identification mark stamped or otherwise shown thereon, the provisions of this sub-section shall not take effect until after the expiration of one year from such commencement 1. Subs. by Act 48 of 2019, s. 6, for “firearm” (w.e.f. 14-12-2019).

Title: Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.

Description: (1) Notwithstanding anything in the foregoing provisions of this Act, (a) no person,-- (i) who has not completed the age of 1[twenty-one years], or (ii) who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for 2[any term], at any time during a period of five years after the expiration of the sentence, or (iii) who has been ordered to execute under Chapter VIII of the 3[Code of Criminal Procedure, 1973 (2 of 1974),] a bond for keeping the peace or for good behaviour, at any time during the term of the bond, shall acquire, have in his possession or carry any firearm or ammunition; (b) no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe— (i) to be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition, or (ii) to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof. (2) Notwithstanding anything in sub-clause (i) of clause (a) of sub-section (1), a person who has attained the prescribed age-limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms: Provided that different age-limits may be prescribed in relation to different types of firearms. 1. Subs. by Act 25 of 1983, s. 5, for "sixteen years" (w.e.f. 22-6-1983). 2. Subs. by s. 5, ibid., for "a term of not less than six months" (w.e.f. 22-6-1983). 3. Subs. by s. 5,ibid.,, for "Code of Criminal Procedure, 1898 (5 of 1898)" (w.e.f. 22-6-1983).