License under family heirloom

[Roland]

Hello everyone,

I am in the process of getting a license under family heirloom.
The said license is All India Validity for a 12 bore dbbl gun and a pistol belonging to my father.

However, the Collector says that I will get only the local validity as per notification 2010.
He also said that the primary concern at present was to get the license and the rest could be seen later.

The question is that the notification does mention the draconian guidelines we are all aware of.
But it does not mention to strip off the already prevailing cases of all india validity.
So also in the case of prohibited bores held in the family.
Here too, the prohibited bores continue under family heirloom and they are not converted to NPB.

Gentlemen your views are most appreciated.

Roland.

[goodboy_mentor]

However, the Collector says that I will get only the local validity as per notification 2010.

It is not a notification issued under the provisions of Arms Act 1959. It is just an executive order or guideline. It cannot override the provisions of Arms Act 1959 or Arms Rules 1962.

Whenever a Notification is issued under the law, the specific provisions of that law under which that notification has been issued are mentioned. And it is published in the official gazette as mentioned in the statute.

If you read Arms Act 1959, you will find that wherever the Parliament has delegated its legislative powers to government for issuing notification, it has clearly mentioned that notification has to be published in the official gazette. For example if you read Sections 2 or 4 you will find that it is clearly mentioned that notification has to be done in the official gazette. To get an idea how a notification looks like, you may read a copy of notification in this post http://indiansforguns.com/viewtopic.php?f=4&t=16532

Is the MHA "Policy" mentioning the provisions of Arms Act 1959 under which it has issued this "Policy"? No. Why? Because government is not legally competent to issue policy under Arms Act 1959, since Parliament never delegated this power to government to issue "Policy" under Arms Act 1959. For this purpose there are Arms Rules 1962, they also need approval from Parliament.

This "Policy" was issued sometime in April 2010. Search the Notifications issued by ministry of Home Affairs begining from April 1st to April 30th at http://egazette.nic.in/ Are you able to find this "policy"?

Was this MHA "Policy" notified in the official gazette as per the provisions of Arms Act 1959? No. Why? Because it is not a notification under Arms Act 1959 and thus has has no force of law under Arms Act 1959. In this context I would like to bring this post to your attention http://indiansforguns.com/viewtopic.php ... 55#p175090 You may read the two links mentioned in this post.

He also said that the primary concern at present was to get the license and the rest could be seen later.

He is correct get the arms license first. Then apply for all india validity and fight it tooth and nail. For ideas you can then post here or contact me by PM.

Here too, the prohibited bores continue under family heirloom and they are not converted to NPB.

Prohibited arms and prohibited bores are misnomers probably written with view to confuse the matters. Please do not get confused by these misleading terms. You may read this http://indiansforguns.com/viewtopic.php ... 28#p174447

[Roland]

Many thanks Goodboy_Mentor for your time and patience!

I give them a good fight and will continue to do so.

It's been going on since 2008 and the present collector said he would look
into my file this coming week. Will follow it up persistently as he seem to be of
moderate nature.

Roland.