Jammu, May 12: No arms and ammunition dealer will be allowed to carry on any trade or transaction in absence of a valid arms license as prescribed under Arms Rules, 2016.
Similarly the Gunsmiths, not possessing valid arms license, cannot carry out any repair, conversion etc and any license, without a Unique Identification Number (UIN), will be invalid.
J&K Home Department has reiterated these instructions, while revisiting the legal framework relating to the arms and ammunition in accordance with the provisions of the Arms Act, 1959 and the rules framed there under and the Arms Rules, 2016.
In this connection, it has directed the District Magistrates, the executing authorities, to submit quarterly compliance reports to it (Home Department).
“To ensure that due process or procedure, as envisaged under the Arms Rules for issuance or renewal of arms and ammunition dealers' licenses or Gunsmiths’ licenses in the Union Territory of Jammu and Kashmir, is adhered, these instructions, in furtherance of the Arms Rules, 2016 are hereby issued for immediate compliance,” directed Financial Commissioner (Additional Chief Secretary) Home Raj Kumar Goyal.
While issuing set of instructions, Goyal has asked the District Magistrates to ensure that no arms and ammunition dealer is allowed to “carry on any trade or transaction in absence of a valid arms license in form VIII, as prescribed under Arms Rule, 2016, till the licensing process in favour of the intending prospective licensees is completed in terms of the Arms Rules, 2016.”
“The District Magistrates shall ensure that no Gunsmith is allowed to carry out any repair, conversion etc in absence of a valid arms license in Form IX or Form IX-A, as prescribed under the Arms Rules, 2016 till the licensing process in favour of the intending prospective licensees is completed in terms of the Arms Rules, 2016,” the circular, mentioning another instruction, read.
The DMs have been asked to process the requests for grant of arms dealers and gunsmiths’ licenses, strictly in terms of the applicable provisions under the Arms Rules, 2016 and based on the field verification.
As per instructions, they (DMs) will recommend the cases of the intending prospective licensees to the Licensing Authority (Home Department) along with all the requisite formalities. “The District Magistrates shall also submit a quarterly report to the Home Department on compliance of these instructions,” Goyal has further directed.
Prior to issuance of instructions, he has mentioned that the legal framework relating to the arms and ammunition is contained in the Arms Act, 1959, as amended from time to time and the rules framed there under.
Among other provisions, section 5 of the Arms Act, 1959 provides that “any person who is associated with the business of sale of arms or ammunition shall have to hold a valid license issued in accordance with the provisions of the Arms Act, 1959 and the rules framed there under.”
“In terms of the Arms Rules, 2016, each license is required to be uploaded on the National Database of Arms Licenses (NDAL) system, for generation of Unique Identification Number (UIN) and with effect from June 30, 2020, any license without a UIN, is invalid. The Arms Rules, 2016 prescribe for grant of arms and ammunition dealers licenses in Form VIII and repair licenses in the category of accredited Gunsmiths in Form IX/IX-A (Form-IX concerning the license for carrying out major repairs, conversion etc, and Form IX-A for license regarding minor repairs),” Goyal has specified.
Revisiting the relevant rules, he has pointed out that further, an arms and ammunition dealer is not allowed to undertake any activity related to possession, sale, transfer or test of arms and ammunition in absence of a valid license. “It is incumbent upon such a licensee to renew his license from time to time, without fail,” he has cautioned.
Among other conditions, it is clearly laid down in Arms Rules, 2016 while granting of a license, that the license is valid only so long as the licensee carries on the trade business and that it will ipso facto lapse if the business is discontinued for a continuous period exceeding six months, Goyal has reiterated.