Indians For Guns

I am planning to come to India on Transfer of Residence from Canada.

Have already gone through the wealth of fantastic info here on the forum. Really appreciate all the contributing members.

I am now a Canadian citizen, waiting for OCI formalities.

Wish to bring a NPB pistol.

Have shortlisted:
S & W .40 caliber
Tokarav 33 7.62x25
Glock .40 caliber.

Any inputs/suggestions are welcome to make my transition smooth.

Would it be best to come for a short visit to India, apply for the Licence and then return with my fire arm?

I am aware I have to have it in possession for at least 1year. So assuming I have owned it for 1year what would some experienced folks suggest the best way to go about it?

Thank you all!

Safe shooting

To the best of my knowledge TR applies only to Indian citizens. I am afraid you are not eligible to avail TR. This subject has been addressed before.You can find the threads through the search function.

Vikram wrote:To the best of my knowledge TR applies only to Indian citizens. I am afraid you are not eligible to avail TR. This subject has been addressed before.You can find the threads through the search function.

Vikers, beg to differ, TR can be had non Indians as well.

nagarifle wrote:Vikers, beg to differ, TR can be had non Indians as well.

Please do shed some light here,Naga. Appreciate it. Thanks.

An Indian or non Indian can apply for a Tr. This page says it all.
http://mumbaicustoms3.gov.in/htmldocs/tr.htm

farook wrote:An Indian or non Indian can apply for a Tr. This page says it all.
http://mumbaicustoms3.gov.in/htmldocs/tr.htm

I have seen that link and posted it on IFG myself.However, as I was informed by a couple of knowledgeable folks, "the only way some one can bring in a firearm for a temporary period is a)if he/she is a diplomat posted to India and b) if he/she is coming to participate in a sporting event."

For eg:

http://mha.nic.in/sites/upload_files/mh ... t-1959.pdf

1. Subs. by Act 25 of 1983, s. 5, for certain words (w.e.f.
22-6-1983).
39
such arms or ammunition in reasonable quantities for
his own private use;
(b) a person being a bona fide tourist belonging to any such
country as the Central Government may, by notification
in the Official Gazette, specify, who is not prohibited
by the laws of that country from having in his
possession any arms or ammunition, may, without a
licence under this section but in accordance with such
conditions as may be prescribed, bring with him into
India arms and ammunition in reasonable quantities for
use by him for purposes only of sport and for no other
purpose;
Explanation.--For purposes of clause (b) of this
proviso, the word "tourist" means a person who not being a
citizen of India visits India for a period not exceeding six
months with no other object than recreation, sight-seeing,
or participation in a representative capacity in meetings
convened by the Central Government or in international
conferences, associations or other bodies.

Those who know otherwise please respond and if you can provide some documentation if you know of any. Thanks.

However, as I was informed by a couple of knowledgeable folks, "the only way some one can bring in a firearm for a temporary period is a)if he/she is a diplomat posted to India and b) if he/she is coming to participate in a sporting event.

Your knowledgeable friends are perfectly right. Please refer to the arms rule

32. Bringing of arms or ammunition into India by bona fide tourists – 1[ (1) A licence, valid for a period of six months from
the date of endorsement referred to in sub-rule (1-A), may be granted in Form III to a bonafide tourist referred to in clause (b) of the proviso to sub-section (1) of Section 10, so far as practicable, six months prior to the expected date of arrival of the tourist in India:
Provided that the validity of the licence so granted shall commence only from the date of endorsement of the said licence and that the arms and ammunition covered by the licence shall not be used till the date of endorsement of the licence.
(1-A) When a licence is granted in Form III to a bona fide tourist under sub rule (1), the licence together with the passport/visa of the tourist, shall be presented to the licensing authority as soon as may be after the disembarkment of the tourist and the latter shall-.....(a) after obtaining the undertaking referred to in sub-rule (2), endorse the licence making it valid for a period of six months from the date of endorsement, and
(b) make an entry in the passport/visa giving full particulars of all the arms and ammunition for which the licence has been granted.]
(2) The licensing authority shall obtain an undertaking in writing from the licensee that he shall not sell or transfer the arms or ammunition to any one in India without the prior permission of the district magistrate having jurisdiction over the place where such sale or transfer is to be made, and where the arms or ammunition are sold or transferred he shall inform the customs authority and pay the duty, if any.
(3) The passport-checking authority or any other officer empowered by the district magistrate in this behalf at the port or other place of departure from India shall verify that the arms entered in the passport/visa are being taken out of India by the licensee and recover the licence and forward the same to the authority who issued it with the remarks that the arms have been duly re-exported or lawfully sold or transferred in India, as the case may be.........

A tourist or sport shooter can bring with him a weapon for a maximum of 6 months. This must not be confused with Transfer of Residence where in npb is got in permanently. Any Indian or foreign national passport holder is eligible for a TR.

Farook,

Do you have any documentary evidence for the applicability of TR facility for non-citizens re firearms? That is apart from the link you posted earlier.If you do, please share.Thanks.

I belive the link above clearly says

What is Transfer of Residence ?
Transfer of Residence (TR) is a facility provided to a person (either an Indian or a foreign passport holder, whether a minor or not and even a student) who intends to transfer his/her residence to India after a stay abroad of at least two years.

So as per the Mumbai Customs link its pretty clear one CAN get ONE firearm of permissible bore while Transfer of Residence:

"Articles not allowed duty free, but at various rates of duty and/or under specific conditions :-
Firearms (may only be brought under TR) - Import of firearms is usually prohibited and import of Cartridges in excess of 50 is also prohibited, both being listed under Annexure-I of the Baggage Rules. However, persons bringing their effects on TR can bring one firearm of permissible bore on payment of a duty @153% ad-valorem, subject to the conditions that:-
(a) the same was in possession and use abroad by the passenger for a minimum period of one year and also subject to the condition that such firearm, after clearance, shall not be sold, loaned, transferred or otherwise parted with, for consideration or otherwise, during the lifetime of such person AND (b) the firearms can be allowed in such cases on payment of applicable duty provided the passenger has a valid arms licence from the local authorities."

Now the questions is, should I apply for Licence after coming to India on a short visit, get the licence and then bring it in the next time?
Butterfiles in stomach if I land up at the airport with fire arm and 50 cartridges, without Indian Firearm licence

Sharp-shooter wrote: (a) the same was in possession and use abroad by the passenger for a minimum period of one year and also subject to the condition that such firearm, after clearance, shall not be sold, loaned, transferred or otherwise parted with, for consideration or otherwise, during the lifetime of such person

As per an updated notification below TR weapons can now be sold after 10 years of import or after the licencee has attained the age of 60


Transfer or Sale of imported firearms:

As provided under Para 2.43.2 of Chapter 2 of Handbook of Procedures, Vol. I, 2009-2014, Transfer of Imported Firearms will not require permission from DGFT (a) after 10 years of import or (b) on attaining the age of 60 years by such importer.

http://www.customsmumbaiairport.gov.in/ ... ?LinkID=67

Now the questions is, should I apply for Licence after coming to India on a short visit, get the licence and then bring it in the next time?

This would depend upon the state you are planning to stay in. If you coming to Karnataka please join the Facebook page of Karnataka State Rifle Association. All info is available there regarding applying for an arms license. In any state you need proper verifiable address. It would be better if you come over once set things up and then bring in the weapon preferably after obtaining the license.

its not the arms act you have to look at, arms act is for getting a license,
baggage law/rules is for getting thing into India, which is the first thing the customs go by and having the right Indian license is the second thing.

If one renounces Indian Citizenship, one also loses the right to possess a fire arm license within Indian Union. I have friends who gave up the citizenship and thus had to surrender their arms and arms license as well. I do not know if this rule is amended for dual citizenship at the moment or will be in future.
Cheers !!!
Marksman

marksman wrote:If one renounces Indian Citizenship, one also loses the right to possess a fire arm license within Indian Union. I have friends who gave up the citizenship and thus had to surrender their arms and arms license as well. I do not know if this rule is amended for dual citizenship at the moment or will be in future.
Cheers !!!
Marksman

Marksman
i beg to differ on this.

no where it say that citizen of India only can have arms license. please provide the relevant ARMS ACT chapter and verse to show that.

if one looks at the arms act in some parts it say Citizen and other parts it say person. person can be a citizen of India or not.
CHAPTER II

ACQUISITION, POSSESSION, MANUFACTURE, SALE, IMPORT, EXPORT, AND TRANSPORT OF ARMS AND AMMUNITION
3. Licence for acquisition and possession of firearms and ammunition

(1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder:

Provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.

[( 2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms :

Provided that a person who has in his possession more firearms than three at the commencement of hte Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit , within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of Section 21, with a licensed dealer, or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section.

(3) Nothing contained in sub-sections (2) to (6) (both inclusive) of Section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arms or ammunition under sub0section (1) of that section.]

CHAPTER III
PROVISIONS RELATING TO LICENCES
13. Grant of licences
(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

(2) On receipt of an application, the licensing authority, after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same.

(3) The licensing authority shall grant---

(a) a licence under section 3 where the licence is required---

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection:

Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or

(ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government;

(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.

I hope the arms act is interpreted the way you do, by the licensing authorities as well. Nothing would make me happier in that case. And of course, all the very best to Sharp shooter for his plans on getting in a handgun.
Cheers once more
Marksman