Youth arrested for buying 'gun' online

[ebenezer]

http://epaper.deccanchronicle.com/artic ... id=1995646

http://epaper.deccanchronicle.com/artic ... id=1995786

[estousandy]

Speechless. Some people should really cease to exist, infact a lot.

[Vikram]

I pity the poor kid. Ignorance and lack of commonsense on part of authorities can cause so much misery. How and where does the Arms Act define a BB gun as a firearm beats me.

Best-
Vikram

[aadhaulya]

Cops like an 'open and shut case' as per their knowledge. No pending open cases and another case solved in their books. Never mind that the court throws the case in the trash bin.

[ebenezer]

Dear brothers in arms, this youth from Western Tamil Nadu had ordered a blank gun online from the US. Unfortunately for him, the authorities have seized the 'gun' besides sending him to jail after an FSL report that has certified it as a 'firearm'. I'm planning to take up this case through the publication I work for, and hence would require your help. Please share any inputs that you have, for eg., any section of the law/rule pertaining to blank guns. I am also trying to independently verify details of the company from where he had bought the gun. Please let me know if there is any legal expert/authorised person who can share their inputs with the media.

Ebenezer

[anubhav_rulez]

Blank Gun...A firearm ??? I don't know what's wrong with cops & hats off with forensic deptt who claims it firearm just because it causes irritation or injury...

[estousandy]

@ebenezer There are bunch of legal chaps here who'll do a better job at helping. Still, my two pennys.
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Arms as per Arms Act 1959:

(c) "arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged 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;

Firearms as per Arms Act 1959:

"firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes--
(i) artillery, hand-grenades, riot-pistols or weapons of any kind designed or adapted for the discharge of any noxious liquid, gas or other such thing,

Imitation Firearm as per Arms Act 1959:

Explanation.--In this section, the expression "imitation firearm" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not.

Ammunition as per Arms Act 1959:

"ammunition" means ammunition for any firearm, and includes--
(iii) other articles containing, or designed or adapted to contain, explosive, fulminating or fissionable material or noxious liquid, gas or other such thing, whether capable of use with firearms or not,

This is the only area in the Arms Act 1959 where it mentions a bit about legality regarding imitation firearm.

Licence for the shortening of guns or conversion of imitation firearms into firearms.

6. Licence for the shortening of guns or conversion of imitation firearms into firearms.- No person shall shorten the barrel of a firearm or convert an imitation firearm into a firearm unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder.

This is what they say about import of firearms in AA 1959.

Power to prohibit import or export of arms, etc.
11. Power to prohibit import or export of arms, etc.- The Central Government may, by notification in the Official Gazette, prohibit the bringing into, or the taking out of, India, arms or ammunition of such classes and descriptions as may be specified in the notification.

Punishment for import as per AA 1959:

Punishment for certain offences.
25. Punishment for certain offences. 2*[(1) Whoever--

(b) shortens the barrel of a firearm or converts an imitation firearm into a firearm in contravention of section 6; or
(d) brings into, or takes out of, India, any arms or ammunition of any class or description in contravention of section 11 -shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.

Punishment for possession of firearms as per AA 1959: (N/A in this case)

Punishment for use and possession of firearms or imitation firearms in certain cases.

28. Punishment for use and possession of firearms or imitation firearms in certain cases.- Whoever makes or attempts to make any use whatsoever of a firearm or an imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or any other person shall be punishable with imprisonment for a term which may
extend to seven years, 4*[and with fine]

Punishment for knowingly purchasing arms as per AA 1959:

Punishment for knowingly purchasing arms, etc., from unlicensed person or for delivering arms, etc., to person not entitled to possess the same.- Whoever--

(a) purchases any firearm or any other arms of such class or description as may be prescribed or any ammunition from any other person knowing that such other person is not licensed or authorised under section 5; or

shall be punishable with imprisonment for a term which may extend to 2*[three years, or with fine, or with both]

They've(Customs) established that the item is a firearm & that point must be already in the file now. So there's no point is simply saying "it's not a firearm" anymore. Sadly.

By absolute pure human sense & sensibilities, none but one/two of the above blah blahs should be applicable to this case. But His/Her(?) Excellency FSL, which is an alien(non-human/inhuman) entity, made sure they all get their plump roles. Their GodFamn role was just to certify that the detained part cannot be converted into a firearm, & they royally showed their traits. Adding to the mess in this particular case(Imitation firearm) is our Arms Act which is vaguer than the vaguest thing ever.

Why i sat around to quote this & that above; reason being i escaped from this exact same situation by a whisker, two months ago. It was not fun. I felt homicidal.

[ebenezer]

Thanks a lot estousandy for taking the time to reply. Any input at this point is welcome. I am waiting for others to present their valuable suggestions.

[ckkalyan]

Placing the article from the paper inline for quick viewing

[nagarifle]

sad

but the expert did say it can cause irritation as reported in rag. ha ha my deo cause irritation thus is a firearm experts ? how does one become an expert? what school of idiocy does one need to attend. what mantly challenged college did they attend. puook puook. shame we do not have laws to expose such experts.

[goodboy_mentor]

Arms Act 1959 does not apply to imitation firearms. Since Arms Act does not apply to imitation firearms, there is separate punishment in Arms Act for conversion of imitation firearms.

Therefore sections related to import or conversion or any Section of Arms Act are irrelevant so long the object remains imitation firearm.

Whether the imitation firearm can or cannot be converted is also irrelevant so long the act of conversion has not been done.

If someone uses imitation firearm to resist his or some other person's lawful arrest, he can attract punishment under Arms Act 1959. This does not seem to have happened in this matter.

[ckkalyan]

Well said goodboy_mentor!

Now, Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.

AND we all know how it applies to the accused, but....

I am really curious to see how this applies to the enforcers of the law?! Shall we say, a mere, off the cuff apology?

[goodboy_mentor]

"ignorance of the law excuses no one" does not practically apply to law enforcers in India. They are practically above the law.

Besides other laws protecting government servants, Section 40 of Arms Act is also officially there to help law enforcers. It says that no suit, prosecution or other legal proceeding shall lie against any person for any thing which is in good faith done or intended to be done under this Act.

[ckkalyan]

[hrman]

Very sad . Feel pity for the boy who was arrested for ordering a blank gun online.
Could have happened to anyone. Isnt it common sense that someone who wanted to cause destruction or damage with a gun would not order it online. Such people use any of the other illegal channels available.
And what is being done to arrest terrorists/ anti social elements who possess illegal country made guns? Especially in the central and north Indian states, where a gun is a common sight during weddings and considered by many as a sign of prestige, respect or whatever..
Boy!