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The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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goodboy_mentor
- Old Timer
- Posts: 2928
- Joined: Sun Dec 07, 2008 12:35 pm
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by goodboy_mentor » Sat Jul 21, 2012 6:38 pm
After posting this post at
http://indiansforguns.com/viewtopic.php ... 75#p171651 discussing the use of the word "use" in Arms Act 1959, I was searching related judgements.
According to a five judge bench of the Supreme Court -
It is the basic principle of legal jurisprudence that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. It is insisted or emphasised that laws should give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Such a law impermissibly delegates basic policy matters to policemen and also judges for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. More so uncertain and undefined words deployed inevitably lead citizens to "steer far wider of the unlawful zone ... than if the boundaries of the forbidden areas were clearly marked".
Reference: 1994 SCC (3) 569 - SC, 1971 AIR 481 - SC, 1995 CriLJ 2608 - AP HC
Now just apply your mind to find out the provisions in Arms Act 1959 that are vague and thus unconstitutional.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992
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miroflex
- Shooting true
- Posts: 593
- Joined: Sun May 27, 2012 6:56 pm
- Location: Allahabad, Dehradun, Usha Farm (Kheri), Lucknow.
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by miroflex » Sat Jul 21, 2012 7:22 pm
Surely the word 'use' in this context means to 'shoot'. Members of rifle clubs are allowed to use the club's rifles i.e. shoot them.
Regards.
"To the man who loves art for its own sake, it is frequently in its least important and lowliest manifestations that the keenest pleasure is to be derived." Sherlock Holmes in "The Adventure Of The Copper Beeches" by Sir Arthur Conan Doyle
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goodboy_mentor
- Old Timer
- Posts: 2928
- Joined: Sun Dec 07, 2008 12:35 pm
Post
by goodboy_mentor » Sat Jul 21, 2012 9:39 pm
No doubt "use" means "shoot" but it hardly makes any difference to the vagueness in law.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992
