What Is the Licensing Process for Ex-Servicemen to Keep Arms?

Ex-servicemen who wish to keep arms (firearms) for personal use after their military service must apply for a civilian firearm license under the Arms Act, 1959. While ex-servicemen may have had access to weapons during their service, retaining weapons post-service is regulated and requires compliance with civilian laws. The licensing process involves several steps to ensure that firearms are kept safely and lawfully.

Licensing Process for Ex-Servicemen to Keep Arms

Eligibility Criteria:

Ex-servicemen must meet certain eligibility requirements to be considered for a civilian firearm license:

• Age: The applicant must be over 21 years old.
• Mental and Physical Fitness: Ex-servicemen should not have any mental health issues or physical disabilities that might make them unfit to handle a firearm.
• Clean Record: A clean criminal record is essential, as applicants must not have any serious criminal history, especially relating to violence or abuse.
• Justification for Firearm: The ex-serviceman must demonstrate a legitimate need for a firearm (e.g., personal protection, security reasons, or other valid justifications).

Application Process:

The application process for obtaining a firearm license as an ex-serviceman is as follows:

• Application Form: Ex-servicemen must fill out an application form for a firearm license, which is available from the local police station or the District Magistrate’s Office.
• Supporting Documents: Along with the application, the ex-serviceman must submit certain documents, such as:
  • Identity Proof (e.g., Aadhar card, Voter ID, Passport).
  • Address Proof (e.g., utility bills, rental agreement, ration card).
  • Discharge/Retirement Certificate: A copy of the official discharge or retirement certificate to verify their service in the armed forces.
  • Passport-sized Photographs.
  • Affidavit or Police Verification: In some cases, a police verification certificate may be required to confirm the applicant’s background.
  • Medical Fitness Certificate: A medical certificate proving the applicant is physically and mentally fit to own a firearm.

Police Verification:

One of the most critical steps in the licensing process is the police verification. After submitting the application, the local police will conduct a thorough background check. This includes:

• Criminal Record Check: Ensuring that the applicant does not have a history of serious criminal offenses.
• Safety Checks: Confirming that the applicant has a safe place to store the firearm and that they understand firearm safety regulations.
• Personal and Family History: The police will also verify the ex-serviceman’s history and their family’s background to ensure there are no red flags that would make them unsuitable for firearm possession.

Approval from the District Magistrate:

Once the police verification is completed, the application is submitted to the District Magistrate (DM) for final approval. The DM evaluates the case and considers factors such as the applicant’s service record, need for a firearm, and other relevant criteria.

Payment of Fees:

Applicants are required to pay a prescribed fee for processing the firearm license application. The fee varies by state and the type of firearm (e.g., handgun, rifle). This fee is non-refundable and must be paid at the time of application submission.

Firearm Training:

In some states, the applicant may be required to undergo firearm safety training. This training ensures that the ex-serviceman understands how to handle the firearm properly, how to store it safely, and how to use it in accordance with the law.

Issuance of Firearm License:

If the application is approved, the firearm license is issued to the ex-serviceman. The license specifies the type of firearm they are permitted to possess and may include conditions such as the storage and usage guidelines.

Regulations Post-Issuance:

Once the license is issued, the ex-serviceman must adhere to several regulations, including:

• Firearm Storage: The firearm must be stored in a secure place, such as a licensed gun safe.
• License Renewal: Firearm licenses are typically valid for 3 to 5 years. The license holder must apply for renewal before it expires and provide necessary documentation.
• Regular Inspections: In some cases, authorities may conduct periodic checks to ensure compliance with regulations.

Example

An ex-serviceman who served in the Indian Army and retired after 20 years of service might apply for a firearm license for personal protection. He would submit his retirement certificate, medical fitness certificate, identity proof, and undergo police verification. If everything is in order and his background check is clear, the local district authorities may approve his application and issue a firearm license.