Second License for a Second weapon: HELP

[Armour]

Hello,
There is a very peculiar problem I am facing for some time now related to the subject. I am being asked to apply for a second License in my name for second firearm. I already have a weapon on a personal arms License and my request for addition is being replied. How can learned people like ADM/DM say such a thing despite knowing the Central Arms Act guidelines? It seems difficult to find out the reasoning/relevant authority for refusal to a second Arms on same License by the Licensing Department despite the allowance of 3 firearms on a License being given in Sec 3(2) of the Arms Act. Every state authority seems to have concocted their own interpretation on this. Its so much more worse here in West Bengal where there is another godforsaken pre independence Calcutta/West Bengal Arms Act or something like that being referred to all the time. Can I be afforded an impartial justification by a good soul in this matter. Really appreciate your help.
Regards

[goodboy_mentor]

Unless you are interested to fight this matter in courts, apply for second arms license and let them follow their official rituals.

Can you please post the link where the copy of Calcutta/West Bengal Arms Act can be read? As per Article 246(5) of Constitution of India, arms, firearms, ammunition and explosives are Central subject.

If they are refusing to issue second license, then read this thread http://indiansforguns.com/viewtopic.php?f=4&t=18155

[Katana]

Amazing what contradiction we have about our laws in our country!

[nagarifle]

i blame the Britishers, what Independence we are having eh.lol talk about 1000 year rule eh, Mr. Hitler did not think of this one.lol

[surajshuresh]

i blame the Britishers, what Independence we are having eh.lol talk about 1000 year rule eh, Mr. Hitler did not think of this one.lol

I double this...

[goodboy_mentor]

I do not blame the British at all. Whatever they did before 15 August 1947, was completely justifiable from their point of self interest. Whatever is being done after 15 August 1947, cannot be blamed on British.

After Americans gained independence, they threw the British laws in the dustbin and wrote their own laws. When Indians gained independence, they protected and saved the British laws in the Constitution. British surely did not write the Constitution of India. Read below the Articles of Constitution:

Article 367(1) - Interpretation

367. (1) Unless the context otherwise requires, the General Clauses Act, 1897 , shall, subject to any adaptations and modifications that may be made therein under Article 372, apply for the interpretation of this Constitution as it applies for the interpretation of an Act of the Legislature of the Dominion of India.

Article 372(1) - Continuance in force of existing laws and their adaptation.

372. (1) Notwithstanding the repeal by this Constitution of the enactments referred to in article 395 but subject to the other provisions of this Constitution, all the law in force in the territory of India immediately before the commencement of this Constitution shall continue in force therein until altered or repealed or amended by a competent Legislature or other competent authority.

Now who do you to blame?

[nagarifle]

the British for not coming back to sort out the mess. lol

[goodboy_mentor]

Instead of the British, now the Americans are coming to sort out the mess.

[Ganesh TT]

Instead of the British, now the Americans are coming to sort out the mess.

[Armour]

Dear Gb_Mentor,
All the ensuing confusion post independence is understandable but that doesn't answer my request. I have only seen the old Hard Bounds of this Cal/WB Arms Act at ADM office and a passing reference on the net on some site related to legal info on Acts applicable in India. Problem is not the refusal, they are taking the request albeit after lot of persuasion....its the 6-8 months they take for even the first intimation on the status of application...

Regards

[goodboy_mentor]

All the ensuing confusion post independence is understandable but that doesn't answer my request.

If you note my first reply in this thread I have already tried to answer your question in short.

I have only seen the old Hard Bounds of this Cal/WB Arms Act at ADM office and a passing reference on the net on some site related to legal info on Acts applicable in India.

Unfortunately I have never read this law. It will be very difficult to comment on it without reading it. If it is some law related to regulating arms, ammunition etc., the State Government is not legally competent to enact such laws since arms are Central subject under Article 246(5) of Constitution of India.

What you can do is file an RTI application in the concerned office to know if it is still in force and used for issue of arms licenses. If it is in force and used for issue of arms licenses, ask them to give you a certified copy of that law. Then most probably you may have to approach High Court.

Problem is not the refusal, they are taking the request albeit after lot of persuasion....its the 6-8 months they take for even the first intimation on the status of application...

How do you want to convince them? What is your legal reasoning and logic that why they should not follow their procedures? Is the request for addition of second firearm for same type or different type of firearm?

[Armour]

Request for addition is for different category/type of firearm.