Allahabad High Court Sets Aside Firearm Licence Cancellation for Ignoring Rule 32 Requirements

The Allahabad High Court held that under Rule 32 of the Arms Rules 2016, the adjudicating authority must first determine whether a violation occurred before cancelling a firearm licence.

It observed that the authority must form an opinion on whether the firearm was not carried in proper protective gear or was brandished, discharged, or blank-fired in a public place or firearm-free zone.

In this case, although the petitioner’s licence was suspended and the weapon seized, the order did not specify which sub-rule of Rule 32 had been violated.

Finding this essential determination missing, the Court set aside the cancellation orders.

[Yogendra Prasad v. State of U.P.]