What to Do With Licensed Gun After Death of Father in India

Statutory Framework under Section 21 Arms Act, 1959, Rule 25 Arms Rules, 2016 (Family Heirloom Policy), and NDAL-ALIS Portal Compliance.

Many Indian families face a tough legal test when a father, grandfather, or husband passes away leaving behind a licensed gun. It may be an old revolver, a pistol, or a double-barrel shotgun. For many families, this weapon has deep sentimental value as an ancestral heirloom. For others, the family used it for crop safety or personal protection.

Yet an arms license is strictly personal. It does not pass like land, cash, or gold jewellery. The moment the license holder dies, the license ends. If family members keep the gun at home without informing the police, they face serious criminal charges under Indian law.

In this guide, we explain your duties under Section 21 of the Arms Act, 1959. We cover how to deposit the weapon safely, how to apply for an heirloom license under Rule 25 of the Arms Rules, 2016, and how a registered Will stops family feuds and state confiscation. To review your family estate plan today, check our free will drafting checklist or calculate your family shares with our succession calculator.

1. Is Keeping a Deceased Father's Gun at Home an Offence?

Yes. Keeping a deceased father's firearm at home without depositing it with the authorities is a crime in India.

Under the Arms Act, 1959, an arms license is a personal permit. It is given to one specific person. It does not belong to the family. It does not pass to your mother, brother, or sister when the owner dies. The legal validity of the license stops at the time of death.

Once the license ends, anyone who keeps the gun holds an unlicensed weapon. Under Section 25 of the Arms Act, keeping an unlicensed gun brings jail time and heavy fines. The law does not give you time to hold the weapon while you decide what to do. You cannot lock it in an almirah. You cannot take it to another town. You must deposit it in official custody right away.

2. Mandatory Weapon Deposit: Police Station vs Gun House

When a gun owner dies, the family has two lawful options to deposit the weapon under Section 21(1):

• Option A: Local Police Station Malkhana: You can deposit the weapon at the local police station for your area. The police store the gun in their Malkhana (armoury).
• Option B: Licensed Gun House: You can deposit the gun with a state-licensed gun dealer. Gun houses charge a small monthly fee, but they clean the weapon and protect it from rust.

Bring the father's original license booklet, an official death certificate, and your ID proof. The police officer or gun house will check the serial number, make, and caliber. They will then issue a formal deposit paper.

Never leave a weapon with the police without getting a signed Safe Custody Receipt under Form VIII of the Arms Rules, 2016. This receipt proves your lawful deposit. It is required when you apply for a new license.

3. Rule 25 Arms Rules: Transfer Under Family Heirloom Policy

How does a son, daughter, or wife take legal ownership of the gun? This is governed by Rule 25 of the Arms Rules, 2016, called the Family Heirloom Policy.

Under Rule 25(1)(a), the licensing authority (District Magistrate or Police Commissioner) can issue a fresh arms license to a legal heir. The policy recognizes that ancestral guns have family value. It allows an eligible heir to keep the weapon if they meet all rules.

To qualify for an heirloom license under Rule 25, the applicant must meet these clear rules:

• Legal Heir Status: The applicant must be a direct heir. Rule 25 gives first preference to the spouse, son, or daughter.
• Age Limit: The applicant must be at least 21 years old when applying.
• Medical Fitness: You must submit a fitness certificate from a government doctor showing good physical and mental health.
• Safety Training: Under Rule 10, you must complete a gun safety and handling course at an approved shooting range.
• Clean Record: You must have no criminal cases or convictions under Section 14. Police and CID run a deep background check.
• Safe Box at Home: You must prove you have a lockable steel safe at home to store the gun.

If the father leaves multiple heirs, only one person can hold the license for that gun. The applicant must submit signed No Objection Certificates (NOCs) from all other heirs, or show a registered Will leaving the gun to them.

4. Firearm Inheritance: Legal Facts vs Popular Indian Myths

This table compares common myths against real legal rules under the Arms Act:

5. High Court Precedents on Arms License Heirloom Transfers

Indian courts have protected law-abiding heirs who want to keep ancestral family weapons under Rule 25.

6. What if Heirs Do Not Want or Qualify for an Arms License?

Not every family member wants to hold a gun license. Some heirs live abroad as NRIs. Others do not wish to go through police verification and safety tests. If no heir wants to hold the gun, the family has three lawful choices:

• Sale Through a Gun Dealer: The heirs can ask a licensed gun house to sell the weapon. The dealer finds a buyer who holds an active arms license. The sale money goes directly to the legal heirs after dealer fees.
• Deactivation for Wall Display: If the gun is an antique, the heirs can ask to make it non-firing. Under police watch, an armourer plugs the barrel and removes firing pins. Once certified inert, you can mount it on a wall without a license.
• Voluntary Surrender to Police: If the gun has little cash value and no one wants it, the family can surrender it to the District Magistrate. The state then takes permanent custody.

7. Step-by-Step Procedure to Inherit a Licensed Firearm

To transfer your deceased father's firearm smoothly under Rule 25, follow these six steps:

8. Specific Will Clause for Ancestral and Licensed Weapons

To avoid family fights and prevent your gun from being trapped in police storage, every gun owner should put a clear clause in their Will. Here is a tested legal model:

9. How a Registered Will Prevents Weapon Forfeiture

When a gun owner dies without a Will, family members often get stuck. In India, movable property divides equally among all legal heirs. But you cannot divide a revolver into parts.

If brothers and sisters disagree over who gets father's gun, no one gets the needed NOCs. Meanwhile, time runs out under Section 21. The weapon sits in a police Malkhana. Dust and damp air cause rust on fine steel and barrels. After two years pass, the District Magistrate can seize the gun permanently for government scrap.

A registered Will solves this problem. Under Section 59 of the Indian Succession Act, a valid Will overrides intestate claims. The Will provides clear proof of the father's wish. It allows the chosen heir to satisfy the licensing officer without painful family fights.

Writing a clear Will for all your property, including land, bank savings, and licensed guns, takes only a few minutes. You can draft your legal Will online with our simple platform at WillDrafting.in. For custom estate planning or help with licensing rules, talk to our legal team at AMA Legal Solutions.