1[(1)] No person shall--
(a) 2[use, 3[manufacture, obtain, procure]] sell, transfer, convert, repair, test or prove, or
(b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof,
any firearm or any other arms of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:
4* * * * *
5[(2) Notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition:
Provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of which a licence is required under section 4 shall be so sold or transferred by any person unless--
(a) he has informed in writing the district magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and
(b) a period of not less than forty-five days has expired after the giving of such information.]
(a) 2[use, 3[manufacture, obtain, procure]] sell, transfer, convert, repair, test or prove, or
(b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion, repair, test or proof,
any firearm or any other arms of such class or description as may be prescribed or any ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:
4* * * * *
5[(2) Notwithstanding anything contained in sub-section (1), a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having in his possession such arms or ammunition:
Provided that no firearm or ammunition in respect of which a licence is required under section 3 and no arms in respect of which a licence is required under section 4 shall be so sold or transferred by any person unless--
(a) he has informed in writing the district magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and
(b) a period of not less than forty-five days has expired after the giving of such information.]
Source footnotes
1. Section 5 re-numbered as sub-section (1) thereof by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983). 2. Subs. by Act 42 of 1988, s. 3, for "manufacture" (w.e.f. 27-5-1988).3. Subs. by Act 48 of 2019, s. 4, for "manufacture" (w.e.f. 14-12-2019).
4. The proviso omitted by Act 25 of 1983, s. 4 (w.e.f. 22-6-1983).
5. Ins. by s. 4, ibid. (w.e.f. 22-6-1983).
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More sections of this act
Section 1 · Short title, extent and commencement.Section 2 · Definitions and interpretation.Section 3 · Licence for acquisition and possession of firearms and ammunition.Section 4 · Licence for acquisition and possession of arms of specified description in certain cases.Section 6 · Licence for the shortening of guns or conversion of imitation firearms into firearms.Section 7 · Prohibition of acquisition or possession, or of manufacture or sale of prohibited arms or prohibited ammunition.Section 8 · Prohibition of sale or transfer of firearms not bearing identification marks.Section 9 · Prohibition of acquisition or possession by, or of sale or transfer to, young persons and certain other persons of firearms, etc.India Code, Government of India. Text fetched 15 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.