Advocates Requiring Firearm License For Safety A Dangerous Practice, Not In Noble Profession's Interest: Allahabad HC

Ram Milan v. State of U.P. and 2 Others

Key Takeaways

• A general trend to have a firearm license by an Advocate without any good reason is not appreciable and it is not in the interest of the noble profession
• It would be a very dangerous practice if an Advocate requires a firearm license for his personal and professional safety
• It was observed that there was no bar for the Advocate to apply for a firearm license and that their application can be considered in accordance with law under the Section 13 of the Arms Act, 1959 r/w the Arms Rule, 2016.

Background

• Advocate Ram Milan applied for a firearm license under Section 13 of the Arms Act, 1959 r/w the Arms Rule, 2016 for professional and personal safety claiming that some local people tried to murder and molest him and his family, which was rejected by the licensing authority.
• So, he moved the Court, which also rejected his plea stating that he didn’t have sufficient ground.
• The Standing Counsel for the respondent state submitted that there was no record of any crime or genuine need of the firearm.
• It was also contended that no license can be registered in the absence of reasonable ground.

Observations

• It was observed that the Court cannot interfere with the subjective satisfaction of the Licensing Authority.
• Additionally, the Court stated that owning a firearm license without justifiable reason is not appreciable for a noble profession like that of a lawyer.
• No documentary evidence to confirm that the petitioner was an advocate was found.
• The Court stated that there was no bar for the Advocate to apply for a firearm license and observed that their application can be considered in accordance with law under Section 13 of the Arms Act, 1959 r/w the Arms Rule, 2016.

Order

• The petition was dismissed as it lacked merit.

Questions

1. Do you agree with this decision?
2. Should a standard basis of satisfaction be devised by the licensing authority?

Share your views in the comments section below.