Khushi Bajpai
Published on: 02 August , 2022 at 18:26 IST
According to the Delhi High Court’s ruling in Meet Malhotra v. Union of India and Ors., those who belong to organizations or clubs like the National Rifle Association of India (NRAI) are not permitted to have more than two firearms in their hands at any given time under the Arms Act of 1959.
Justice Yashwant Varma, a Single Judge Bench, ruled that while such organizations, rifle groups, shooting ranges, etc., are permitted to possess firearms without restriction, their individual members are not.
The Court declared that, “Accepting this argument would produce ludicrous outcomes, such as the legal recognition of the possession of any number of firearms by someone simply for their membership in a group or club. This would effectively put such a person on an equal footing with a dealer of guns and rifle clubs.”.
Although, Justice Varma concluded that this cannot be interpreted as the legislature intention. The Arms Act does not grant these members any special or unique status.
Still the Court was of opinion that, “Notwithstanding the fact that they may be permitted to hold and possess more ammunition than is otherwise required for an individual under the Arms Rules, 2016.”
The Court emphasized that only the arms manufacturers and dealers, including the NRAI, State Rifle Associations, affiliated District Rifle Associations, shooting clubs, shooting ranges, or the sports authorities of respective State governments,are eligible for licenses that allow them to own or possess weapons without any restrictions.
The Single-Judge said, “…person who is engaged in the trade of selling, buying, exporting or importing firearms would obviously have in his possession more than two firearms. Similarly, NRAI or other rifle associations and clubs would undoubtedly have more than two firearms at any given point of time.”
The case was filed by man named Meet Malhotra, who was disputing a notification from the ACP (Licensing) dated August 31, 2021, informing him of the Section 3(2) of the 2019-amended Arms Act’s mandated restriction of two firearms per person. According to the email, the requirement applied to all rifle club and association members as well.
It was claimed that the petitioner possessed three guns permits and joined the NRAI in 2011.
