Section 5 of the Arms Act, 1959

Section 5 of the Arms Act, 1959

LICENCE FOR MANUFACTURE, SALE, ETC., OF ARMS AND AMMUNITION: —

1. No person shall—

a. use, [manufacture, obtain, procure,]] 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 licence issued in accordance with the provisions of this Act and the rules made

thereunder.

2. Notwithstanding anything contained in sub-section (1), a person may, without holding a licence 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 licence is required under section 3 and no arms

in respect of which a licence 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.