law: Arms Act, 1959
  5. License for manufacture, sale, etc., of
  
  arms and ammunition -
  (1) [ Note: Section 5 renumbered as
  
  sub-section (1) thereof and in sub-section (1) as so renumbered the proviso
  
  omitted by Act 25 of 1983, s. 4 ( w.e.f . 22-6-1983) ] No
  
  person shall-
  (a) [
  
  [ Note : Subs by Act 42 of 1988, s. 3 ( w.e.f .
  
   27-5-1988 ) ] use, manufacture,]
  
  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 firearms or any other arms of such class or
  
  description as may be prescribed or any ammunition unless he holds in this
  
  behalf a license issued in accordance with the provisions of this Act and the
  
  rules made thereunder .
  [ Note: Section 5 renumbered as sub-section
  
  (1) thereof and in sub-section (1) as so renumbered the proviso omitted by Act
  
  25 of 1983, s. 4 ( w.e.f . 22-6-1983) ]
  (2) [ Note: Subs by Act 25 of 1983, s. 4 (w.e.f . 22-6-1983) ] Notwithstanding anything contained
  
  in sub-section (1), a person may, without holding a license 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 license is required under section 3 and no arms in respect
  
  of which a license is required under section 4 shall be 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.]
  Comments
  Article 21 of the Indian Constitution does not
  
  cover the right of an individual to acquire and possess fire-arms, though the fundamental
  
  right of protection of life and personal liberty comes well within its ambit.
  
  On the contrary, unlike in U.S.A. [S.C. of U.S.A. in
  
  Presser v.  Illinois (1884-85), it is not
  
  a matter of right here but rather a privilege, subject to the provisions of
  
  this Act. However, due to ever-growing mafia-clout and gangsterism 
  
  resulting in an open and insane use of deadly weapons, the fundamental right to
  
  possess / bear arms provided by the ‘Second Amendment to the American
  
  Constitution’ has come under sharp and bitter-criticism. The bite of the mafia
  
  has proved to be worse than the ‘bark’ of the law-makers espousing such
  
  provisions for dealing with the security and law and order of the State.