Section 9 in The Arms Act, 1959
Title: Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.
(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).
Title: Licence for import and export of arms, etc.
(1) No person shall bring into, or take out of, India by sea, land or air any arms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:
(a) a 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 any arms or ammunition, may without a licence in this behalf bring into, or take out of, India such arms or ammunition in reasonable quantities for his own private use;
(b) a person being a bona fide tourist belonging to any such country as the Central Government may, by notification in the Official Gazette, specify, who is not prohibited by the laws of that country from having in his possession any arms or ammunition, may, without a licence under this section but in accordance with such conditions as may be prescribed, bring with him into India arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose;
Explanation.-- For purposes of clause (b) of this proviso, the word "tourist" means a person who not being a citizen of India visits India for a period not exceeding six months with no other object than recreation, sight-seeing, or participation in a representative capacity in meetings convened by the Central Government or in international conferences, associations or other bodies.
(2) Notwithstanding anything contained in the proviso to sub-section (1), where the 1[Commissioner of Customs] or any other officer empowered by the Central Government in this behalf has any doubt as to the applicability of clause (a) or clause (b) of that proviso to any person who claims that such clause is applicable to him, or as to the reasonableness of the quantities of arms or ammunition in the possession of any person referred to in such clause, or as to the use to which such arms or ammunition may be put by such person, may detain the arms or ammunition in the possession of such person until he receives the orders of the Central Government in relation thereto.
(3) Arms and ammunition taken from one part of India to another by sea or air or across any intervening territory not forming part of India, are taken out of, and brought into, India within the meaning of this section.
1. Subs. by Act 22 of 1995, s. 89, for "Collector of Customs" (w.e.f. 26-5-1995).
Title: Power to prohibit import or export of arms, etc.
The Central Government may, by notification in the Official Gazette, prohibit the bringing into, or the taking out of, India, arms or ammunition of such classes and descriptions as may be specified in the notification.
Title: Power to restrict or prohibit transport of arms.
(1) The Central Government may, by notification in the Official Gazette,―
(a) direct that no person shall transport over India or any part thereof arms or ammunition of such classes and descriptions as may be specified in the notification unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder; or
(b) prohibit such transport altogether.
(2) Arms or ammunition trans-shipped at a seaport or an airport in India are transported within the meaning of this section.
Title: Grant of licences.
(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.
1 [(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.
(2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same:
Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.]
(3) The licensing authority shall grant
(a) a licence under section 3 where the licence is required
(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection:
Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or
(ii) in respect of 2[firearm] a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government;
(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.
1. Subs. by Act 25 of 1983, s. 6, for sub-section (2) (w.e.f. 22-6-1983).
2. Subs. by Act 48 of 2019, s. 7, for point 22 bore rifle or an air rifle (w.e.f. 14-12-2019).