The Allahabad High Court has affirmed that licensed firearms cannot be deployed for celebratory firing at weddings or religious festivals, ruling that gun ownership is a privilege bound by strict regulatory standards.
In a judgment delivered on July 29, Justice Saurabh Shyam Shamshery dismissed a petition filed by arms licensee Akhilesh Kumar, who challenged the cancellation of his licence after failing to account for 757 missing cartridges. The court held that every firearm licensee bears a legal obligation to maintain detailed records of all ammunition acquired and consumed.
Unaccounted Ammunition Triggers Licence Cancellation
Kumar was granted an arms licence in 2000. During an inspection conducted by authorities in 2019, officials requested an accounting of his ammunition usage. Records indicated that Kumar had purchased 857 cartridges over the years, but he could present only 57 live rounds and 33 spent shells to inspectors.
When asked to explain the discrepancy, Kumar stated that the missing 757 cartridges had been expended during target practice as well as social and religious events, including weddings, Durga Puja, and Chhath Puja. He contended that retaining empty cartridges was not a legal requirement at the time his licence was originally issued.
Court Rejects Defense and Cites Statutory Requirements
Unsatisfied with the explanation and the lack of documentation, the licensing authority revoked Kumar’s licence under Section 17 of the Arms Act. That decision was subsequently affirmed by the appellate authority before being appealed to the high court.
In upholding the administrative decisions, the high court stated that regulatory obligations are an inherent part of an arms licence, as reinforced under the Arms Act, the Arms Rules, and the 2016 statutory framework. The court noted that using a licensed weapon for celebratory firing during festive or social gatherings constitutes clear misuse, and the inability to account for hundreds of rounds fully justified the revocation of the licence.
