Citizens have right to possess arms and weapons: Madras high court

The Madras high court bench here has ruled that citizens could possess weapons and revenue and police officials could not deny them arms licence by citing law and order problem.

Allowing a petition filed by an S Rajkapur, an agriculturist, who was denied a licence by the commissioner for revenue administration as well as Theni district revenue officer in 2004 and 2005 to possess a double barrel gun, Justice D Hariparandhaman said that unless the applicants' antecedents or propensities do not entitle them to the privilege, the authorities should give licence for self-defence.

An arms licence can be denied only if there is a threat to the public peace and public safety which are of a far greater magnitude than a law and order problem.

He said that the Arms act of 1959 was enacted only to lessen the rigours of the Arms act of 1878, which made it difficult for law abiding citizens to possess fire arms for self-defence Whereas terrorists, dacoits and other anti-social elements are using not only civilian weapons, but even bombs.

The 1959 arms act also intended to recognise the right of the state to requisition the services of every citizen during national emergencies.

The petitioner said that he was residing in a farm house in Theni. He wanted to possess a gun for self-protection while carrying huge amount of cash and also protect crops from wild animals.