Gujarat HC quashes rejection of firearm licence renewal over age in Banaskantha

Gujarat High Court has set aside an order by the Additional District Magistrate and Revenue Divisional Commissioner (RDC), Banaskantha, rejecting the renewal of a firearm licence solely on the ground that the applicant had crossed 55 years of age.

The petitioner, a 60-year-old man who had held a valid licence for a 12-bore single barrel gun since 1985, approached the high court after his online renewal application was turned down.

The licence had been renewed periodically and remained valid until December 31, 2020. Following the expiry, he applied for renewal under Section 15 of the Arms Act, 1959.

As per his petition, the authorities issued a notice, granted a personal hearing, but ultimately rejected the application citing the petitioner's age of 55 years (at the time of consideration in 2021) as rendering him unfit to possess the firearm.

The counsel for the petitioner submitted that the rejection was arbitrary and not in accordance with the provisions of the Arms Act. The petitioner sought directions to quash the impugned order and renew the licence.

After hearing arguments from both sides, Gujarat High Court quashed and set aside the order passed by the Additional District Magistrate and RDC, Banaskantha. The court directed the authorities to reconsider the petitioner’s application for renewal afresh in accordance with law, as expeditiously as possible, and after providing a proper opportunity of hearing to the petitioner.