Arms License Can't Be Denied Solely On Ground That Applicant Doesn't Have Specific Security Threat/ Imminent Danger: Patna High Court

The Patna High Court recently reiterated that an arms license to an individual cannot be denied solely on the ground that the applicant does not have any "specific security threat or imminent danger". Justice Mohit Kumar Shah set aside the orders of the District Magistrate, Khagaria and Divisional Commissioner, Munger that denied the arms license to the petitioner just because there was no threat to his life. 459 of 2018 has clearly held therein that absence of any specific security threat or imminent danger to an applicant cannot be a ground for rejection of the application of an applicant for grant of arms license inasmuch as, the same would be contrary to the intent of grant of license, as postulated by the Arms Rules, 2016.” The petitioner argued that the order passed by the District Magistrate, Khagaria, would show that the application of the petitioner for grant of arms license has merely been rejected on the ground that since past three years, the petitioner is not having any threat perception /danger to his life. “I deem it fit and proper to quash the order dated 15.3.2018, passed by the District Magistrate, Khagaria, as also the one dated 15.11.2019, passed by the Divisional Commissioner, Munger Division, Munger and remand the matter back to the District Magistrate, Khagaria, for fresh consideration, who shall, after granting an opportunity of hearing to the petitioner, pass fresh orders upon the application of the petitioner for grant of arms license, within a period of twelve weeks of receipt / production of a copy of this order, in accordance with law and by taking into account the provisions, contained in the Arms Rules, 2016,” the Court said.