In a recent ruling, the Delhi High Court has determined that lawyers appearing on the criminal side for either the accused or the prosecution cannot assert a right to own an arms license. The court expressed concerns that granting such licenses solely based on legal representation could result in their issuance indiscriminately.
Justice Prathiba M Singh, in an order issued on May 22, stated that a lawyer’s mere involvement in a criminal case would not be sufficient grounds to warrant the granting of an arms license. The court emphasized that the Arms Act of 1959 governs the issuance of arms licenses and vests discretion with the Licensing Authority to decide whether or not to grant a license based on the specific circumstances of each case.
According to the court, the Licensing Authority must carefully assess the threat perception and reasons put forth by the applicant requesting the license. Only after a thorough evaluation of these factors can a license be issued. The court underscored that the responsible granting of arms licenses is crucial to ensuring the safety and security of the public.
The ruling came in response to a plea filed by lawyer Shiv Kumar, who sought the issuance of an arms license from the Joint Commissioner of Police (Licensing) under the Arms Act of 1959. Kumar’s plea challenged the decision made by the Lieutenant Governor on November 30, 2022, which had denied his application for an arms license.
The court, in disposing of the plea, upheld the previous order and deemed the refusal of the arms license well-reasoned. It reasoned that recognizing a right to own a firearm based on the perceived weakness of the State, as argued by the petitioner, could lead to the uncontrolled ownership of firearms and pose a threat to the safety and security of other citizens. The Licensing Authority, the court emphasized, must bear this in mind when considering applications for arms licenses.
The ruling serves as a reminder that the possession of firearms should be subject to careful scrutiny and evaluation of the potential risks and consequences involved. By recognizing the responsibility of the Licensing Authority to weigh the implications of granting arms licenses, the court has taken a step towards maintaining public safety and preventing the indiscriminate issuance of such licenses.
