Section 14 of THE ARMS ACT, 1959
13, the licensing authority shall refuse to grant--
such licence is required in respect of any prohibited
arms or prohibited ammunition;
- (b)a licence in any other case under Chapter II,--
- (i)where such licence is required by a person whom the licensing authority has reason to believe--
- (1)to be prohibited by this Act or by any other law for the
time being in force from acquiring, having in his
possession or carrying any arms or ammunition, or
- (2)to be of unsound mind, or
- (3)to be for any reason unfit for a licence under this Act; or
- (ii)where the licensing authority deems it necessary for
the security of the public peace or for public safety
to refuse to grant such licence.
- (2)The licensing authority shall not refuse to grant any licence
to any person merely on the ground that such person does not own or
possess sufficient property.
- (3)Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and
furnish to that person on demand a brief statement of the same unless
in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.
15.
Duration and renewal of licence.
Summary
- The licensing authority must refuse to grant a license under Sections 3, 4, or 5 if it involves any prohibited arms or prohibited ammunition.
- A license must be refused if the applicant is prohibited by the Act or any other law from possessing weapons, is of unsound mind, or is deemed unfit for a license.
- Refusal is also mandatory if the licensing authority deems it necessary for public safety or the security of the public peace.
- The licensing authority cannot refuse a license simply because the applicant does not own sufficient property.
- When refusing a license, the authority must record its reasons in writing and, upon demand, provide a brief statement of these reasons to the applicant unless it is against public interest.
Practical examples
FAQ
1. Can a licensing authority refuse a gun license based on property ownership under Section 14 of the Arms Act?
No, Section 14 of the Arms Act, 1959 explicitly states that a licensing authority cannot refuse to grant a license merely because the applicant does not own or possess sufficient property.
2. What must a licensing authority do in writing if they refuse a license under Section 14 of the Arms Act, 1959?
Under Section 14 of the Arms Act, 1959, the licensing authority must record the reasons for refusal in writing and, if requested, provide a brief statement of those reasons to the applicant unless it is not in the public interest.
3. Can I get a license for automatic military weapons under Section 14 of the Arms Act?
No, Section 14 of the Arms Act, 1959 mandates that the licensing authority must refuse to grant a license under Sections 3, 4, or 5 for any prohibited arms or prohibited ammunition.
4. On what grounds relating to public welfare can a license be denied under Section 14 of the Arms Act, 1959?
Under Section 14 of the Arms Act, 1959, a license must be refused if the licensing authority deems it necessary for the security of the public peace or for public safety.
Test yourself
Q1.Under Section 14 of the Arms Act, 1959, which of the following is an invalid ground for refusing a license?
Q2.Under Section 14 of the Arms Act, 1959, what is the licensing authority required to do when they refuse to grant a license?
Q3.Under Section 14 of the Arms Act, 1959, a license under Section 3, Section 4, or Section 5 must be refused if it is requested for:
Q4.Under Section 14 of the Arms Act, 1959, how is the positive grant of a license under Section 13 of the Arms Act, 1959 restricted if the applicant is found to be of unsound mind?