Indians For Guns

A few days back FedEx informed everyone that the guns are getting cleared. Now they're saying that the customs haven't got any circular from Supreme Court yet. HOW AMAZING!

Clearance still on hold! That's really frustrating!

well what can one say?

God knows the truth!

I could be mistaken, but I don't think the Supreme Court is supposed to send them any sort of circular/ notice. Just as the Delhi High Court never sent them one either, at that time they had taken cognizance of the High Court verdict on their own and should do the same in this instance also.

A smart move would be to file an RTI with the customs asking the following questions (just an indicative list, feel free to amend/ add to it):

1) Is it true that the Delhi High Court vide it's judgement dated __/__/2011 had ruled that airguns are to be treated as arms as defined under the Arms Act 1959

2) Is it true that the Delhi Customs had ceased clearing airgun imports in view of the above order?

3) From which date had the Delhi Customs ceased clearing airgun imports?

4) Was there any customs circular/ order pointing to the Delhi High court verdict and ordering that airgun shipments should not be cleared for import till such time as the High Court order was in effect? A copy of the same may be provided to the applicant.

5) Is it true that on __/01/2012 the Hon'able Supreme Court of India while admitting an appeal against the order of the Delhi High Court, has stayed the earlier order pending it's hearing of the appeal?

6) Is it true that in effect this stay granted by the Hon'able Supreme Court means that the legal situation has now reverted back to pre __/__/2011 i.e. to the time before the Hon'able Delhi High Court pronounced it's judgement?

7) In view of the above, has any circular/ order been issued by Delhi Customs directing officials to treat airgun imports in the same manner as was being done pre __/__/2011 i.e. to the time before the Hon'able Delhi High Court pronounced it's judgement? A copy of the same may be made available.

8 ) If no circular/ order has been issued by the Delhi Customs and airgun shipments are still being detained, would Delhi Customs not be in contempt of the stay order by the Supreme Court?

etc. etc.

The idea is to get them to admit in writing that what you are claiming is correct. Also, as per the RTI Act 2005 if the information is not available with the official to whom you apply, he is liable to procure the information from the concerned dept. and provide the same to you... so if they are waiting for the Supreme Court to send them a notice/ circular/ copy of stay order, they will wait no more and in stead be bound to go procure it from the court on their own - to respond to the RTI.

Cheers!
Abhijeet

P.S. - Have left the dates of orders blank as I just typed this out and have not looked up the dates, order no's etc. If you plan to file an RTI please look up these details and amend the above questions accordingly. This is just meant to provide people with direction on how to go about it, rest you all are smart people am sure you can take it from here.

if members can file one each would be good for the customs BP.lol since they have raised a lot of BP

Abhijeet,

You are correct. The Supreme Court will not send the order copy to the customs. It is the department concerned that has to send its representative (a clerk or someone) to the court and personally collect the order. Based on that the department has to put up a note within the office and give effect to it. This is a general procedure that is applicable to all government departments in the event of a court judgment/order.

Ebenezer

I did post a reply to the RTI I received in the Legal section but this was before the Supreme Court order . Any way in the reply the Delhi Customs have clearly said that they are bound by a High Court order and if that is so they are definetly bound by the Supreme Court order .

JK

Thanks, Abhijeet. Appreciate it. No clue if it's customs or FedEx. But I would definitely send an RTI application. They way you have put it down is a smart legal language.

FedEx guys are frustrated because they get more than 100 calls a day. Also, they have a lot of backlog to clear. I have dealt with them a lot of time. One of them was like (in my last import)- "Sir, we don't get paid for clearance, and it's not our job to run around customs."

These FedEx guys are that lazy. And they have got a valid point. It's a shipping/logistics company- not clearing agents. They do have a customs clearance services but at additional costs. It's 2k per shipment. are we ready to pay? If yes, then they have to make an official bill of entry.

I shall speak to FedEx guys if that's the case.

Thanks,
Arrun

Another option can be to officially submit application for the release of air gun along with copy of Supreme Court stay order. If air gun is still not released, chase the application with RTI. Contempt of court can follow.

Arun - I have gone through a similar incident for importing Air Rifle along with Pellets back in 2009.

Trust me its not kidding. UPS team XXXXXXXXXXthis is a public forum that is read by children also so please mind your language Mod and I used to listen to all sorts of cooked up stories I tried reaching all angles (Politics, Customs, DGFT, Private clearing houses, etc). It took almost 4+ months and I lost hope. Out in the blue I got a call from UPS Mumbai stating that the customs agreed to release the shippment with a 25K fine for a 20K shipment .

Great that airguns are not considered as firearms! But I'm still confused here how to import one!

I searched around and read loads of topics on this but there is no clear cut basis/requirements for importing a air(soft) gun!

Some ordered it without knowing about NRAI and got their shipment! Some ppl's shipment was stopped stating NRAI membership was reqd.

Many shipping companies say, its restricted etc.

Isn't there an 'apply to all' standard directions for importing an airsoft gun?

There are no guidelines laid for airsoft guns. They are not air guns, but toys. I had imported a couple of them from Uncompany.com

I got one pistol at my door-step. When I imported the other one, it got detained in customs. It was a full-metal m14 rifle. Search for WE M14. It was shipped as a toygun.. it got detained, and I had to get a police NOC to release it. No other docs or club membership ID as they are not .177 cal 4.5mm pellet/bb guns. Paid 40% duty, and the gun was home.

Thanks for the reply!

The one I want to get is Fn F2000 the body of which is primarily polymer except for the scope mount, sights and a metal once piece outer barrel.

Getting NOC gives me the creeps lol!