Section 26: Registration of dealers and gunsmiths

26. Registration of dealers and gunsmiths (1) (a) For the purposes of this Act, the Commissioner shall keep in the prescribed form— (i) a register of dealers in firearms; and (ii) a register of gunsmiths, and, subject to this section, shall enter in the registers the name of any person who applies to be registered as a dealer in firearms, or gunsmith as the case may be, and furnishes to him the relevant Competency Certificate and all the prescribed particulars. (b) The Commissioner shall issue to any person who is registered under paragraph (a) a certificate of registration. (2) Where the Commissioner is satisfied that an applicant as dealer in firearms or gunsmith cannot be permitted to carry on business as such without danger to the public safety or to the public order, he may refuse to register such applicant. (3) Where the Commissioner, after giving reasonable opportunity to make representations to a person whose name is on the register, is satisfied that such person— (a) is no longer carrying on business as a dealer in firearms or gunsmith; (b) has ceased to have a place of business; or (c) cannot be allowed to continue to carry on business as a dealer in firearms without danger to the public safety or to public order, he shall cause the name of such person to be removed from the register. F14 – 13 [Issue 1] Firearms Act (4) (a) Where the Commissioner causes the name of any dealer in firearms or gunsmith to be removed from the register, he shall, by notice in writing, require the dealer or gunsmith to surrender his certificate of registration. (b) Where the dealer or gunsmith fails to comply with the notice referred to in paragraph (a) within 8 days of its receipt, he shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees. (5) Where an appeal under section 29 is brought against the removal of a registration, subsection (4) shall not apply to that removal unless the appeal is abandoned or dismissed and shall in that case have effect as if for the reference to the date of receipt of the notice referred to in subsection (4) there were substituted a reference to the date on which the appeal was abandoned or dismissed. (6) Where a registered dealer in firearms or gunsmith is convicted of an offence under this Act, the Court may order— (a) that the name of the registered dealer in firearms or gunsmith be removed from the register and that he be prohibited from any subsequent registration; (b) that neither the dealer nor the gunsmith nor any person who acquires the business of that dealer or gunsmith, nor any person who took part in the management of the business and who knowingly was a party to the offence, shall be registered as a dealer in firearms or gunsmith; (c) that any person who, after the date of the order, knowingly employs in the management of his business such dealer or gunsmith, or any person who was knowingly a party to the offence, shall not be registered as a dealer in firearms or gunsmith, or, if so registered, shall be liable to be removed from the register; and (d) that any stock in hand of the business shall be disposed of by sale or otherwise in accordance with such directions as may be contained in the order. (7) Any person aggrieved by an order made under subsection (6) may appeal against the order to the Supreme Court in the same manner as against the conviction, and the Court may, if it thinks fit, suspend the operation of the order pending the appeal.