Licensed guns cannot be used for celebratory firing at weddings or festivals, says Allahabad HC
New Delhi: The Allahabad High Court has made it clear that a licensed firearm cannot be used for celebratory firing during weddings, religious events or any similar occasion. The court said an arms license is a privilege and every license holder must follow the conditions attached to it.
The observation was made while Justice Saurabh Shyam Shamshery dismissed a petition filed by Akhilesh Kumar, who had challenged the cancellation of his arms licence. The court upheld the decisions of both the licensing authority and the appellate authority, saying there was no reason to interfere.
The court upheld the decisions of both the licensing authority and the appellate authority, saying there was no reason to interfere. The case centred on Kumar’s failure to account for 757 cartridges that were purchased over the years but were not properly recorded or explained.
Court finds misuse of licensed firearm
According to the case records, Kumar was granted an arms licence in 2000. During an inspection in 2019, the officials asked him to provide details of the ammunition he had purchased and used.
He told the authorities that he had bought 857 cartridges. However, he could only produce 57 live cartridges and 33 empty shells. He claimed that the remaining cartridges had been used for target practice, weddings, Chhath Puja and Durga Puja.
The court was not satisfied with this explanation and Justice Shamshery observed, “The petitioner is not allowed to use a licensed firearm for the purpose of celebratory firing; as in the present case, firearm was misused in marriage and religious festivals.”
Licence cancellation upheld
Kumar argued before the High Court that when his licence was issued in 2000 there was no requirement to preserve used cartridges. However, the court said the Arms Act and the Arms Rules clearly require licence holders to comply with regulatory conditions which were further clarified under the 2016 Rules.
The court also noted that every licence holder has a duty to maintain proper records of ammunition purchased and consumed. Since Kumar failed to account for 757 cartridges, the court held that the licensing authority was justified in cancelling his arms licence under Section 17 of the Arms Act.