law: Arms Act, 1959
  13. Grant of licenses-
  (1) An application for the grant of a license
  
  under Chapter II shall be made to the licensing authority and shall be in such form,
  
  contain such particulars and be accompanied by such fee, if any, as may be
  
  prescribed.
  [(2) [ Note: Subs. by Act 25 of 1983, s. 6
  
  ( w.e.f . 22-6-1983) ] On receipt of an
  
  application, the licensing authority shall call for the report of the officer
  
  in charge of the nearest police station on that application, and such officer
  
  shall send his report within the prescribed time.
  (2A) The licensing authority, after such
  
  inquiry, if any, as it may, consider necessary, and after considering the
  
  report received under sub-section(2), shall, subject to the other provisions of
  
  this Chapter, by order in writing either grant the license or refuse to grant
  
  the same.
  Provided that where the officer in charge of the
  
  nearest police station does not send his report on the application within the
  
  prescribed time, the licensing authority may, if it deem fit, make such order,
  
  after the expiry of the prescribed time, without further waiting for the
  
  report].
  (3) The licensing authority shall grant-
  (a) a license under section
  
  3 where the license is required-
  ( i )
  
  by a citizen of India in respect of a smooth bore gun having a barrel of not
  
  less than twenty inches in length to be used for protection or sport or in
  
  respect of muzzle loading gun to be used for bona fide crop protection:
  Provided that where having
  
  regard to the circumstances of any case, the licensing authority is satisfied
  
  that in muzzle loading gun will not be sufficient for crop protection, the
  
  licensing authority may grant a license in respect of any other smooth bore gun
  
  a aforesaid for such protection, or
  (ii) In respect of a
  
  point 22 bore rifle or an air rifle to be used for target practice by a member
  
  of rifle club or rifle association licensed or recognized by the Central
  
  Government ;
  (b) a license under
  
  section 3 in any other case or license under section 4, section 5, section 6,
  
  section 10 or section 12, if the licensing authority is satisfied that the
  
  person by whom the license is required has a good reason for obtaining the
  
  same.
  Comments
  ( i ) As far as the
  
  power and discretion of the licensing authority, which includes the Government,
  
  is concerned in respect of arms under the general category, it may grant or
  
  refuse the license, even if the procedural nuisances have been fully adhered to
  
  [ Kapildeo Singh v. State of Bihar & Ors; AIR 1987
  
  Pat. 122(125)].
  (ii) For a ‘licensing authority’ as defined
  
  u/s 2(f), it is obligatory to grant a license in an Indian citizen applies for
  
  it for the reason of his protection. In that case, refusal to grant it will be
  
  unjustified & unsustainable, provided the applicant has duly justified the
  
  reason and adhered to the procedures/conditions as laid down in this regard
  
  [Ram Khelawan Misra v.
  
  State of U.P. & Anr ; AIR 1982 All. 283
  
  (284,2850].
  (iii) Although there is hardly any
  
  provision in the Act or the Rules specifying any time-frame as such, but if an
  
  application for a license for a non-prohibited arm is not disposed of within
  
  three (3) months, it will be deemed to have been allowed after the expiry of
  
  such a time -frame. The point is to make the licensing authority realize that
  
  they can not prolong or linger-on the disposal hof 
  
  such application (s) at their own sweet will [ Ganesh 
  
  Chandra Bhatt v. Distt . Magistrate,  Almora &Ors. AIR 1993 ALL. 291].