Can I inherit my grandfather's rifle directly ...

[kaushaltomar]

Hi Friends,

Can someone help me in guiding if I can inherit my grandfather’s Brno ( double set trigger) .256 Czech made rifle, in accordance to Indian arms inheritance law . I mean to say directly from grandfather’s name to grandson’s name, as my father & two uncles do not require it on account of already having arm licenses on their names. Also my grandmother who is there with us has no objection towards me to acquire that.

FYI - I already posses one .12 bore DBBL ( Czeck made) & hails from Uttar Pradesh. Thought to adopt a normal licensing route & then acquiring the same rifle on pretext of buying it internally but getting a normal license here is almost a impossible task & as I have been trying for that since last 08 years but without any success i.e. .elections, code of conduct , political back requirement , process is not open etc. are always the evergreen excuses.

I am 34 years old & want to acquire it with no objection from my respective family members ( in question 0 – can I be issued license, as per Indian arms inheritance law to take this rifle ( because in any case I will not be buying a new weapon) & if yes then I will be saving my precious time too.

Pls help .


Cheers!!!!

KAUSHAL TOMAR

[mundaire]

One word answer - Yes.

Cheers!
Abhijeet

[kaushaltomar]

Thanks Abhijeet for same

[captrakshitsharma]

Like Abhijeet says.... Go get it

[Vineet]

This is what arms act say about grant of Arms licences under family Heirloom.
http://mha.nic.in/uniquepage.asp?Id_Pk=567

Grant of Arms licences under family Heirloom - Transfer of PB/ NPB weapons of an existing licensee to his/her legal heir is allowed, if the licencee had held the weapon for a period of 25 years or more or the licensee has attained the age of 70 years or more. Applications for transfer of PB and NPB weapons are considered, respectively, by MHA and State Government/DM, subject to the condition that the legal heir should be eligible to get the license under the Arms Act and should be capable of handling the weapon. At present, the applications for transfer of licence in favour of son/ daughter/wife/husband, as per wish of the licensee during his life time, are considered under the scope of “legal heir” in family heirloom cases. After the death of the licensee, transfer of weapon in favour of son/daughter/wife/ husband is also considered subject to no objection from other legal heirs. In some cases, requests have been received from licensees to allow transfer of weapon in favour of son-in-law, daughter-in-law, brother, sister, or other relation such as nephew etc. on the ground that son/daughter is settled abroad and/or not willing/not in a position to acquire the weapon or the licensee does not have any son/daughter of his own. It has accordingly been decided to widen the scope of “legal heir” to include son-in-law, daughter-in-law, brother and sister of the licensee on the merits of each case, in addition to son, daughter, wife and husband, to whom the licensee will be free to transfer his weapon as per his wish during his life time. After the death of the licensee, the transfer of weapon may also be allowed in favour of son-in-law/ daughter-in-law/ brother/sister on merits subject to “No objection Certificate” from other legal heirs.

[mundaire]

Not quite Vineet! What you have quoted is from the MHA's current Arms Policy and not the Arms Act itself. The Arms Act 1959, while largely a rehash of the earlier British era Arms Act, differed from it in some significant aspects - a major difference being that the 1959 Act for the first time recognised Arms as personal property of the Licensee. As with any other personal property they could now be gifted, bestowed, inherited, etc. In fact, till the time that the right to property was deleted as a fundamental right (Indira Gandhi era) most court cases for Arms Licenses were fought (and won) on grounds of fundamental right to property.

Cheers!
Abhijeet

[goodboy_mentor]

Yes MHA policy has no force of law. Many points in the Policy are plain illegal and also against the Constitutional principles. Though the explicit enumeration of right to property was deleted from Article 19, still property is a human right under Article 21 and a Constitutional right under Article 300A. Therefore for the purpose of Arms Act 1959 and inheritance of firearm the legal position practically remains the same.

[kaushaltomar]

thanks to all friends for sharing such valuable info

cheers!!!

KAUSHAL

[denong]

hi
i am a retainer to my fathers 30 carbine. today i had been to the home commissioner for requesting a transfer under the heirloom policy. He was not very clear himself, in his opinion firstly in section III for grant of license under heirloom policy- there is no specific mention either of PB/NPB. Secondly, even if they were to foward my case to HMA under heirloom policy again in his opinion- simply being a legal heir i donot qualify in any of the subsection of section I- for grant of license for prohibited bore.

they also did not have the guidelines reffered to as " instruction in letter No.V-11019/23/95 dated 28-02-95" in section III - grant of license under heirloom.

please help. maybe the instruction in the above mentioned letter may throw some light.

regards

[goodboy_mentor]

If .30 carbine is semi auto, it will fall in category of PB. If semi auto is disabled then it is NPB. Regardless of PB or NPB, apply for fresh arm license, in the application form mention the reason as family heirloom. They will ask for NOC from all legal heirs and a letter from the present license holder stating the reason e.g. ill health/old age etc.

firstly in section III for grant of license under heirloom policy- there is no specific mention either of PB/NPB.

There is no specific mention of PB or NPB in Arms Act 1959, then how NPB licenses are issued? Similarly PB licenses are issued.

Secondly, even if they were to foward my case to HMA under heirloom policy again in his opinion- simply being a legal heir i donot qualify in any of the subsection of section I- for grant of license for prohibited bore.

Show him this High Court judgment(http://indiansforguns.com/viewtopic.php ... 64#p147708) and tell him not to behave as if he is part of the old British sovereignty and the applicant is a pity subject whose every demand deserved to be crushed on one pretext or the other. Issue of firearm license is not a kind of privilege being granted by Government, thus issue of fire arm license is ordinarily to be an action and denial an exception. In other words getting a license is not a matter of "qualification" under Arms Act, since it is a right of every citizen unless he is disqualified under Sections 9 or 14 of Arms Act 1959.

Also show him the matter mentioned in that "policy" of MHA that has been highlighted in the post above by Vineet. It talks about transfer of PB/NPB firearms. Be prepared to fight for your rights intelligently in a firm manner without giving up.

[mundaire]

PB licenses CAN BE and ARE issued on transfer of family heirloom, in fact it is one of the few circumstances under which PB licenses are currently being issued. The process is a long one (6 months to 2 years), but if you are patient it will come through eventually.

The way it works is - your application is submitted to local licensing authority (as for any other license), the Licensing Authority has the police verification etc. done, adds it's comments/ recommendation and forwards the file to the State Home Deptt. The State Home Deptt. examines the application, the comments of the Licensing Authority, police verification report then adds it's comments/ recommendation and forwards the file to the Ministry of Home Affairs (MHA), New Delhi. The actual license is issued by the MHA who (for many years now) is the sole licensing authority with the power to issue PB licenses. This license will be issued with a 1 year validity. On the expiry of the first year, you will need to go for renewal to the local Licensing Authority who will renew the license and issue you a new (local) arms license no. (on the same booklet). For each future renewal (every 3 years) you will need to approach the local Licensing Authority (as with any other license).

Cheers!
Abhijeet