Section 3 of the Arms Act, 1959: Licence for Firearms and Ammunition

Section 3(1) - Licence Required

Section 3(1) provides the general rule that no person may acquire, possess or carry any firearm or ammunition unless the person holds a licence issued in accordance with the Arms Act and the rules made under it.

The proviso permits a person who does not personally hold the licence to carry a firearm or ammunition in the presence of, or under the written authority of, the licence holder for the limited statutory purposes stated in the provision, including repair, renewal of the licence or use by the licence holder.

Section 3(2) - Limit of Two Firearms

The Arms (Amendment) Act, 2019 changed the earlier limit of three firearms. The present general rule is that a person, other than a person covered by Section 3(3), shall not acquire, possess or carry more than two firearms at any time.

The 2019 amendment also contained transitional provisions for persons who already possessed more firearms than the revised limit at the commencement of the amendment. Those transitional deposit and delicensing periods were tied to the commencement of the 2019 amendment and should not be treated as a continuing fresh grace period.

The amended provision further states that, when an arms licence is granted on inheritance or heirloom basis, the statutory limit of two firearms must not be exceeded.

Section 3(3) - Statutory Exception

Section 3(3) provides that the numerical restriction in Section 3(2) does not apply to a dealer in firearms or to a member of a rifle club or rifle association licensed or recognised by the Central Government when using the specified rifle or air rifle for target practice, subject to the statutory wording and applicable rules.

Section 3(4) - Deposit of Firearms

Section 3(4) applies specified provisions of Section 21 to firearms deposited under the proviso to Section 3(2). Section 21 deals with deposit of arms and ammunition in circumstances prescribed by the Act.

Firearm

The expression "firearms" is defined in Section 2 of the Arms Act. In broad terms, it covers arms designed or adapted to discharge a projectile or projectiles by the action of an explosive or other forms of energy and includes specified parts and accessories falling within the statutory definition. For the exact scope, refer to the current text of Section 2 - Definitions and Interpretation.

Ammunition

"Ammunition" is also defined in Section 2 of the Arms Act. The statutory definition is wider than ordinary cartridge ammunition and includes categories specifically listed by the Act. The exact legal definition should be checked before determining whether a particular item is regulated.

Is a licence generally required to possess a firearm in India?

Yes. Section 3(1) generally requires a valid licence issued under the Arms Act and the applicable rules for acquisition, possession or carrying of a firearm or ammunition, subject to the statutory exceptions.

What is the ordinary firearm limit under Section 3?

The ordinary individual limit under Section 3(2), following the Arms (Amendment) Act, 2019, is two firearms, subject to the exceptions contained in the Act.

Is Section 3 the only provision relevant to an arms licence?

No. Section 3 establishes the basic licence requirement, but Sections 13 to 18 and the Arms Rules, 2016 contain important provisions concerning grant, refusal, duration, renewal, variation, suspension, revocation and appeals.