Can two people of the same family carry a common handgun ?

[Pushpendra1974]

Hello all,
My father holds all India licence while I have single state , can I hold the same handgun of my father instead of getting a new one. My licence is freshly done as on today.
Regards

[Vineet]

Yes there is option for 'retainer ' in Arms rules 2016 on form III-A.

[sfcabhishek]

Yes there is option for 'retainer ' in Arms rules 2016 on form III-A.

I had the same question. But on reading arms rules, 2016 it is stated that retainer is only for exemptees under section 41 of arms act and for companies.
Also, FAQ issue by MHA says that the provision of retainer for individual non exemptees is done away with in arms rules , 2016.

Would like you expertise on this Vineet Sir.

Best,
Abhishek

[Jr.]

I don't think One Weapon can be endorsed on Two separate License.
The Father will have to transfer the Weapon to the Son.
Then the Fathers Licence is Vacated and He can buy another Weapon, within 6 months.
The Father will have to buy a Weapon of the same Bore and Type as mentioned in the License.
Unless the Fathers License is surrendered.
Don't know if the Rules have changed.

Regards,
Jr.

[sfcabhishek]

I don't think One Weapon can be endorsed on Two separate License.
The Father will have to transfer the Weapon to the Son.
Then the Fathers Licence is Vacated and He can buy another Weapon, within 6 months.
The Father will have to buy a Weapon of the same Bore and Type as mentioned in the License.
Unless the Fathers License is surrendered.
Don't know if the Rules have changed.

Regards,
Jr.

Sir, concept of additional license is introduced in arms rules 2016 for close relatives i.e. Father, mother, son, daughter , brother and sister. An additional license maybe granted with same terms as parent license. Just like that of retainer was before but now they have changed it to additional and only for close relatives.

[Jr.]

Thanks Abhishek, for the update.

Regards,
Jr.

[amittharani]

Additional licences for individuals.─

(1) The holder of a licence in Form III, for permissible category of firearms, as specified in Schedule I, may apply for grant of
additional licence for any two of his close relatives who are not in possession of any licence in Form III and who are residing with him
at the address given in the licence, to possess, carry or use any of the arms or ammunition covered by his licence and the licensing
authority shall grant a licence to such additional licensee if the eligibility conditions under the Act and these
rules are fulfilled by the said additional licensee and there are no adverse remarks in the police report.

(2) The additional licensee under his UIN shall be granted a separate licence, with the arms and ammunition of
the parent licence endorsed thereupon: Provided that the additional licensee shall not be permitted to, acquire any arms or ammunition
on his licence.

(3) The additional licensee shall not obtain a licence in his individual capacity during the period he holds an
additional licence under this rule.

(4) The licensing authority shall ensure that the details of additional licensees are endorsed on the parent
licence and the period of validity and the area validity of the additional licence are pari-passu with that of the
parent licence and if the parent licence is suspended, revoked or cancelled, the additional licences shall also be
subject to the same consequence.

(5) The additional licensee shall not sell or transfer the arms and ammunition endorsed on his licence.

(6) In case the holder of an additional licence shifts temporarily or permanently from the premises of the
parent licensee, such additional licence shall automatically lapse and the person to whom such additional
licence was issued, shall return his licence to the licensing authority by whom the licence was issued and the
responsibility for furnishing such intimation to the licensing authority shall be that of the parent licensee.

(7) The parent licensee may request the licensing authority to revoke or cancel the licence of any of his
additional licensees by submitting an application along with the original licence and in all such cases, the
licensing authority shall revoke or cancel the licence of the additional licensee.

Explanation. ─
For the purposes of this rule, ‘close relatives’ mean spouse, son, daughter, brother and sister.

==================================================================================================================
Grant of licences to legal heirs.─

(1) The licensing authority may grant a licence ─
(a) after the death of the licensee, to his legal heir; or
(b) in any other case, on the licensee attaining the age of seventy years or on holding the firearm for twenty five years,
whichever is earlier, to any legal heir nominated by him:

Provided that notwithstanding the provisions contained in rule 12 of these rules, the licensing authority may grant a licence to
such legal heir if the eligibility conditions under the Act and these rules are fulfilled by the said legal heir and there are no adverse
remarks in the police report.

(2) Where a licensee leaves behind more than one legal heir and the legal heirs decide amongst themselves to
retain the arm or arms of the deceased, one of the legal heirs nominated by all other legal heirs may apply for a licence
under sub-rule (1) along with the following documents, namely:-
(i) a declaration of no-objection from the remaining legal heirs;
(ii) an indemnity bond executed by the applicant giving full details of the licence and the arm or arms endorsed thereupon; and
(iii) a copy of the death certificate of the deceased licensee.

(3) Where the legal heirs decide to dispose of the arm or arms endorsed on the licence of the deceased licensee, they may apply
to the licensing authority for grant of a limited period permission to sell the arm or arms, within the time allowed by such authority,
to any licensed dealer or to any other person entitled to possess an arm under these rules.

Explanation. ─
For the purposes of this rule, ‘legal heir’ includes husband, wife, son, daughter, son-in-law, daughter-in-law,
brother, sister and grandchildren of the licensee or the deceased licensee.

(source-arms rules 2016)
regards
Amit.

[sourabhsangale]

License authority in pune have been doing the same old thing as retainer even after explaining them the procedure . They are just not interested in following the new rule . If any one has successfully done it please post about it .

They refuse to grant licenses as mentioned in the rukw 20 of the new arms act and have been following the old retainer rules which is also done wrong according to section 13(1) of the arms rule 1962 no proper knowledge and procedures are being followed in our country .

If some has had same problem please post about it .