Court Clarifies Licensed Firearms Are Not Allowed For Celebration-Related Firing

The Allahabad High Court has ruled that a licensed firearm cannot be used for “celebratory firing” during weddings, religious festivals, or other public occasions, stating that arms licences are granted as a privilege and come with strict legal responsibilities. The court also observed that every arms licence holder must maintain proper records of ammunition purchased and used. The observation was made by Justice Saurabh Shyam Shamshery while dismissing a petition filed by Akhilesh Kumar, who had challenged the cancellation of his arms licence after authorities found that he could not account for 757 missing cartridges.

In its judgment delivered on July 29, the court upheld the decisions of both the licensing authority and the appellate authority that had cancelled the licence. The court stated that possession of a firearm under an arms licence is not an unrestricted right but a privilege granted under specific conditions. It noted that licence holders are required to comply with statutory rules and maintain transparency regarding the purchase, storage, and use of ammunition. “An arms licence being a privilege is only issued when the petitioner undertakes that strict conditions of the licence shall be complied with,” the court observed while rejecting Kumar’s plea.

The ruling highlighted that misuse or unexplained loss of ammunition can invite action by authorities, including cancellation of the licence. According to the details of the case, Kumar was issued an arms licence in 2000. During an inspection conducted in 2019, authorities asked him to provide details regarding the ammunition purchased and consumed under the licence. The inspection raised questions over the number of cartridges that were unaccounted for, leading to action against him. Kumar informed authorities that he had purchased 857 cartridges over the years. However, he was able to produce only 57 live cartridges and 33 empty cartridge shells. He claimed that the remaining 757 cartridges had been used for activities such as target practice, weddings, Chhath Puja, and Durga Puja celebrations.

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The court, however, rejected the explanation regarding the use of ammunition during celebrations. It made clear that firing a licensed weapon during social or religious events does not fall within the permitted use of a firearm and can create serious risks to public safety. The court stressed that ammunition usage must be properly documented and accounted for by licence holders. The ruling reinforces existing concerns over celebratory firing incidents, which have frequently resulted in accidental injuries and deaths across India. Authorities have repeatedly warned against the practice, particularly during weddings and public gatherings, due to the unpredictable risks posed by gunfire in crowded areas.

The High Court’s decision serves as a reminder that firearm ownership carries legal obligations beyond possession of a valid licence. Licence holders are expected to follow prescribed rules, maintain ammunition records, and ensure that firearms are used only for lawful purposes approved under the licence conditions. By upholding the cancellation of Kumar’s arms licence, the court affirmed the responsibility of individuals possessing licensed weapons and emphasised that violations of ammunition rules cannot be overlooked. The judgment is likely to reinforce stricter scrutiny of firearm usage and record-keeping practices among licensed gun owners.

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