Indians For Guns

Hello IFG Friends !!!

I have noticed that many of the members intend to import Air Rifles from abroad but due to unclear governmental procedure often being under trouble.
Most of us take a decision to buy or get it when we schedule our trips for some other reasons.
Why not consider it a separate event with planned mind and to close all loopholes ?

I would like to examine here angles of Arms Act, DGFT and Govt Practices. I would also invite people to critically examine the texts and come up openly with their thinking.

1. Arms act - does not cover Air Rifles / Hand guns.
2. Arms act does not cover Deal wood test.
3. DGFT covers duty / exemption
4. Police ballistics dept certifies a gun as type of gun / like fire arm etc.

Point no.1,
A per Arms Act Sec 2(1)(C)
"arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharp edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;"

It says " includes firearms" means it has a broader sense than firearms and may include airgun. It further states as deadly weapons. Obviously one has to take a license as it any weapon can be categorized as deadly if it can injure one.

Is there any instances to have a license for Air Gun ? In Kolkata, I have come across one, who has been by default given a license for one webly bolt as he got it from his father.

Why not apply now ?

Point no.2 -
Does any one has any trace of technical papers / standard parameters or there be any gazatte, notification along with grains of woods etc ? I solicit further clarification on technical parameters. If not there be any, hope RTI to be filed by one who has undergone such event irrespective of whether cleared his gun or not. The information / explanations by Govt is certainly going to help others to understand the procedure as well as the technical parameters involved.

Point 3.
DGFT IEC Code 93040000 deal with Air guns and 93050000 deals with accessories thereof. So there is clear duty structure. Only 0.177 with a club membership is duty free. Let it be. One can easily attach an brochure and apply in advance to DGFT for duty assessment. If necessary can get an IEC (which to my mind is much safer) and get it imported.

Point 4
The same procedure can be with the Commissioner of police, let a letter be written with brochure with the gauge requesting to certify that it is not fire arm.
If no reply we have remedy otherwise through legal recourse.

I am sure if once these are clarified, there will be no hassles in importing an air rifle , pistol of the guage one desires.
Considering the fact that, all these to be done beforehand without much hurry.

Regards

For the simple reason that the person importing an air rifle cannot predict and/or expect the flow of events.
I shudder to relive the horrors I went through recently to import a .177 cal. match air rifle.
I'd rather advise the next guy to go with the adage "expect the unexpected"
Like it or not, you are at their mercy and they call the shots and you have to oblige in terms of getting documents, spending your hard earned money on travels, bribes and wasting your valuable time.

M.

swajan wrote:Why not consider it a separate event with planned mind and to close all loopholes ?

I am sure all will agree a person who own or intend to own a gun must be disciplined. Hence who ever will try to make shortcuts and cut corners, surely his work will be full of adventures.

Regards

Are you suggesting that myself and others like me who have imported airguns are not disciplined and have taken shortcuts ?

Have you imported any air rifles so far ?

M.

swajan wrote:I am sure all will agree a person who own or intend to own a gun must be disciplined. Hence who ever will try to make shortcuts and cut corners, surely his work will be full of adventures.

Regards

Not at all !!! Sorry, if my comments led to you in person.
I humbly request to see your comments in line 1 & 3.
Can you elaborate on "unexpected". It would help in cover the risk.

Regards

Swajan,

Get one thing ABSOLUTELY straight......
Importing an air rifle is full of risks....if you are scared of taking risk....then don't import.
Its not for the faint hearted because if something "unexpected" happens, you will have to experience the grief, anger, frustration etc. etc. to know what I am talking about.
My lines 1 and 3 mean exactly what I have written. Nothing less.

M.

swajan wrote:Not at all !!! Sorry, if my comments led to you in person.
I humbly request to see your comments in line 1 & 3.
Can you elaborate on "unexpected". It would help in cover the risk.

Regards

Surely,
I intend to bring Diana P1000S in Nov/Dec, when it is scheduled to be launched in Europe. I have applied for 0.22 air gun license, beforehand. Awaiting first the license, then shall apply to DGFT for duty assessment with the copy of brochure as IEC Code 93040000 does not specify bore.

Thanks for your straight approach.

regrds

Only .177 cal airguns are duty free and that too only for registered members of air rifle clubs. Your .22 will attract a duty of I think 36%

M.

swajan wrote:Surely,
I intend to bring Diana P1000S in Nov/Dec, when it is scheduled to be launched in Europe. I have applied for 0.22 air gun license, beforehand. Awaiting first the license, then shall apply to DGFT for duty assessment with the copy of brochure as IEC Code 93040000 does not specify bore.

Thanks for your straight approach.

regrds

Dear fantumfan2003,

IEC Code 93040000 for airguns fall under restricted category. see the link http://www.eximguru.com/hs-codes/930400 ... s-and.aspx

0.177 is the exception not only for duty but above all for RESTRICTION. A slight gauge difference will lead to confiscation, and forget about deal wood test. Even if one has a license for gun even then the same is subject to import restriction and subject to confiscation.

Hence, for a legal import, duty is not the ONLY and prime factor.

Duty is as follows -
Basic duty on CIF Value 10%
CVD 10%
Edu Cess 3%
Customs Cess 3%
Special CVD 4%
Calculation to be cumulative one and not straight.

For a CIF 1200 USD @ 46 INR will be INR 55200
Duty will be aprox INR 15000.
Landed cost will be 55200+15000+5000 (freight) = INR 75200 much cheaper than what sold here...that too 0.177
At this price I hope Diana P1000S - 0.22 would be of anyone's, which is due to lunch in European market by Nov this year.

Now the question of RESTRICTION
First one has to apply for an IEC Code. Its quite simple and one will be granted within 3 days.
Then he has to acquire the brochure of the gun and apply to DGFT and the DGFT rule is as follows -

"REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
Notification under Article 7.3 of the Agreement on Import Licensing Procedures

INDIA
The following notification , dated 14 October 1999, has been received from the Permanent Mission of India.

(ii) Restricted Import License (RIL): Paragraph 4.5 of the Exim Policy states that any goods import of which is restricted under ITC (HS) Classification of Export and Import items may be imported only in accordance with the license issued in this behalf. Application in this regard may be made to the Director-General of Foreign Trade. An import license may be granted by the Director-General of Foreign Trade or any other licensing authority authorized by him in this behalf. The licensing authority may take assistance and advice of an inter-ministerial licensing committee which consists of representatives from different administrative Ministries and technical authorities. These licenses are non-transferable with Actual Users condition."

One has to bear in mind he needs to provide a concrete and valid reason very intelligently to get the same. Normally, it takes about a month or so.

Now, one can just pass on through the customs boldly after payment of duty.

Rest remains the deal wood test, If I would be there, I have not spent so much of money to get my gun fail such a foolish test.

I will certainly carry an Air Gun License.

It might be a different case about easy transferability of gun as other one in most likely situation will not have an air gun license. Hence premium will go down in Indian market. Am I to question, "did one bought it for sale ? "

Regards

swajan,

Thank you for the gyan but I am not the one after an air rifle

M.

Well !!
This applies to any guns including Air Guns ..............?? ??

Does any one has any trace of technical papers / standard parameters or there be any gazatte, notification along with grains of woods etc ? I solicit further clarification on technical parameters.

You may refer the Central Government notification No. G.S.R 991 dated 13-7-1962, the entry No. 1(3) of Schedule II excluding Air gun/rifles/Pistols from the licencing under Arms Act 1959. Copy of the relevant portions of the notification is available at http://indiansforguns.com/viewtopic.php ... 335#p50363

You may also refer the notification by Department Of Commerce, Ministry of Commerce & Industry, Government of India, Notification No. 12 (RE-2005)/2004-09 Dated 04 July 2005 that allowed the import of .177 calibre airguns/ air-pistols by shooters registered with Rifle Clubs or District/ State/ National Rifle Association(s) and the notification No. 21/2008-Customs dated 1st March, 2008 at http://indiansforguns.com/viewtopic.php?f=2&t=3481

Now the question arises that those airguns(firearms under the Section 2(1)(e) of Arms Act 1959) that pass the dealwood test are exempt from licencing under Arms Act 1959, why are they being restricted by DGFT from being imported by citizens except by shooters registered with Rifle Clubs or District/ State/ National Rifle Association(s)? The restriction by DGFT appears unreasonable and in conflict with the spirit of the Central Government notification No. G.S.R 991 dated 13-7-1962, entry No. 1(3) of Schedule II excluding Air gun/rifles/Pistols from the licencing under Arms Act 1959. It also appears to be in conflict with the spirit of the Competition Act, 2002.