MADURAI: Revenue authorities or police officials cannot refuse to issue arms licence by citing the likelihood of law and order problem as all citizens of the country are entitled to possess weapons, under licence, for self-defence unless their antecedents or propensities do not entitle them for the privilege, the Madras High Court has ruled.
Justice D. Hariparanthaman passed the ruling while allowing a writ petition filed by an agriculturist who was denied licence by the Commissioner of Revenue Administration as well as the Theni District Revenue Officer in 2005 and 2004 respectively to possess a double barrel (DBBL) gun.
The judge said that arms licence could be denied only if there was a threat to public peace or public safety which were of much greater magnitude compared to a law and order problem.
He pointed out that the Arms Act, 1959 was enacted to lessen the rigours of the colonial Arms Act, 1878 which made it difficult for law abiding citizens to possess firearms for self-defence whereas terrorists, dacoits and other anti-social or anti-national elements were using not only civilian weapons but also bombs, hand-grenades, Bren-guns, sten-guns, rifles and revolvers of military type.
http://www.hindu.com/2011/06/29/stories/2011062961770800.htm"Among the many misdeeds of the British rule in India, history will look upon the act of depriving a whole nation of arms as the blackest." - Mahatma Gandhi
"My nonviolence does not admit of running away from danger and leaving dear ones unprotected. Between violence and cowardly flight, I can only prefer violence to cowardice." - Mahatma Gandhi