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Union of India - Section

Section 80 in The Arms Rules, 2016

80. Unserviceable or defective and deactivated firearm.

(1)No firearm shall be categorized as unserviceable or defective or deactivated firearm unless it is certified by the licensing authority in writing in this regard.
(2)Any licensee who wishes to get his firearm declared as unserviceable or defective or deactivated may make an application to the licensing authority for grant of permission for declaring it as unserviceable or defective or carrying out deactivation of the firearm and the licensing authority may grant the permission for declaring such firearm as unserviceable or defective or carrying out deactivation of the firearm.
(3)A firearm shall only be deactivated by a gunsmith and in the manner specified under rule 81.
(4)Where the gunsmith declares a firearm to be un-serviceable or defective or deactivates a firearm, he shall issue a certificate in this regard to the licensee indicating therein the reasons for declaring such firearm to be un-serviceable or defective and in case of deactivation of the firearm, shall certify that the procedure for deactivation specified under rule 81 has been complied with and shall forthwith inform the licensing authority within seven days along with copy of the certificate.
(5)The licensee on receipt of the certificate referred to in sub-rule (4) shall within seven days of the receipt thereof, submit the said certificate along with the firearm for inspection to the licensing authority:Provided that the licensing authority shall forward the firearm for ballistic testing wherever required.
(6)The licensing authority on being satisfied after having inspected the firearm declared as unserviceable or defective or deactivated firearm and on the basis of the certificate and the ballistic report submitted to him, shall pass orders for destruction of unserviceable or defective firearms in the manner specified in rule 104 and shall pass orders for deletion from the license of the firearms so ordered for being destroyed or deactivated.