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Karnataka High Court Says Heirs Need No Life‑Threat Proof for Arms Licence Transfers

The ruling confines refusals to adverse police findings where age or tenure conditions under Rule 25(1)(b) are satisfied.

Overview

  • Justice Suraj Govindaraj allowed the writ by Michael Mahesh Chris Saldanha over a .32 calibre revolver owned by his 75-year-old father since 1971.
  • The court held that once the licensee is over 70 or has held a licence for 25 years, a nominated legal heir may receive the licence without proving a threat to life, subject to a clean police report.
  • It faulted the Mangaluru Police for twice rejecting the application on "no life threat" grounds even after the Home Secretary set aside the first refusal.
  • The Commissioner of Police, Mangaluru, was directed to process the application under Rule 25(1)(b) and issue the licence within four weeks.
  • The judgment clarifies that Rule 25 provides a distinct during‑lifetime transfer route separate from post‑death succession and limits discretionary conditions not found in the text.