Patna: The Patna high court has ruled that while gun ownership is not a fundamental right in India, authorities should not reject arms licence applications on “whims and caprice” or arbitrary grounds, and must consider applicants’ threat perception and updated criminal history.Justice Alok Kumar, while allowing a writ petition filed by Sanjay Kumar Yadav, said, “citizens have no fundamental right to bear arms. Unlike in the United States, possessing or carrying a firearm in India is strictly a regulated privilege governed by statutory law of the Arms Act of 1959, yet administrative rejections cannot stem from arbitrary grounds or outdated police records.”A copy of the Sept 23 verdict became public on Saturday.Sanjay had applied for an NP bore revolver/pistol licence in Jan 2023, citing security threats during business trips. Despite favourable recommendations from Patna police, authorities rejected his application over a pending case at Ramkrishna Nagar police station. However, police records were outdated as Sanjay had already been acquitted.Justice Alok Kumar directed the Patna DM to reconsider his application within three months.
