No Fundamental Right To Gun License; Employment Need Doesn't Entitle Person To Renewal: Gauhati High Court

The Gauhati High Court has held that there is no fundamental right to obtain or renew a gun license, observing that a license under the Arms Act, 1959 is only a statutory privilege.A single judge Bench of Justice Sanjay Kumar Medhi made the observation while dismissing a plea by three persons who claimed that expiry of their gun licenses had rendered them jobless as the licenses were required for their employment.The petitioners contended that they were previously employed in private companies in Nagaland and other places outside Assam and that the expiry of their gun licenses had rendered them jobless.They submitted that possession of a valid gun license was necessary for the nature of their employment. The petitioners also argued that the Government of Nagaland had issued No Objection Certificates for renewal of their licenses, which were not considered by the Assam authorities. They relied on a Punjab and Haryana High Court judgment to contend that renewal of a gun license could be considered by another State.The aforesaid submission however was not acceptable by the Court, which held that "no person can as a matter of right seek renewal or issuance of a gun licence which ultimately would depend on the subjective satisfaction of the issuing authorities which will consider all the relevant factors."During the hearing, the State submitted that the District Commissioner had, after due application of mind, found the case unfit for renewal. It also pointed to discrepancies regarding the petitioners' ages at the time of issuance of the original licenses and questioned the necessity for renewal.Rejecting the petition, the High Court held that the grant or renewal of a gun licence does not fall within the ambit of fundamental rights."...the party seeking issuance of a licence or renewal thereof would have to make out a case that there is perceptible threat which even after being reported, the State is not in a position to act upon the same. Even thereafter, the ultimate discretion has to be exercised by the State."Emphasising the statutory nature of gun licenses in India, the Court observed:"Unlike the United States of America where there is an amendment recognizing the right to possess arms, Indian Law confers no such rights and the license issued is only a statutory privilege under the Arms Act, 1959. Under the said Act, the Licensing Authority has a discretion to exercise and the same can be refused if it is necessary for public peace or safety. A licence cannot be sought by a person on his whims and a justified necessity has to be manifestly demonstrated."The Court further cautioned that indiscriminate grant or renewal of gun licences without considering relevant factors would be a dangerous practice in a democratic country. It also relied on the Supreme Court's decision in Rajendra Singh v. State of Uttar Pradesh, wherein it was held that the right to bear firearms is not a fundamental freedom under the Constitution of India.Finding no ground to interfere with the authorities' decision, the Court dismissed the writ petition.Case Title: Md. Kapiluddin Laskar & 2 Ors. v. The State of Assam & 2 Ors. Case No.: WP(C)/5443/2022Click Here To Read/Download Order

No Fundamental Right To Gun License; Employment Need Doesn't Entitle Person To Renewal: Gauhati High Court

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Udit Singh

No Fundamental Right To Gun License; Employment Need Doesn't Entitle Person To Renewal: Gauhati High Court

Udit Singh

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