License Application Rejected-Arms Act 1959 and Arms Rules 1962

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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patelia hemant d
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License Application Rejected-Arms Act 1959 and Arms Rules 1962

Post by patelia hemant d » Thu Jan 31, 2013 10:45 pm

Urgent
I have sports licence.my second weapon a
(revolver) was rejected from collector and home both so i have filed writ in high court.
I want a link that a licencee can keep more than one weapon.My case on desk on 7th feb.please

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Vikram
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Re: Arms Act 1959 and Arms Rules 1962

Post by Vikram » Thu Jan 31, 2013 11:56 pm

patelia hemant d wrote:Urgent
I have sports licence.my second weapon a
(revolver) was rejected from collector and home both so i have filed writ in high court.
I want a link that a licencee can keep more than one weapon.My case on desk on 7th feb.please
Check Arms Act. Take a copy of the act and present it to them. If the still refuse, have the reasons in writing or go for RTI and take them to court. You are bound to be granted one.

http://mha.nic.in/pdfs/AaAPolicyInd-080410.pdf
Under Section 3 (1) of the Arms Act, 1959 no person can acquire or possess or carry any firearms or ammunition unless he holds in this behalf a license issued in accordance with the provisions of the Arms Act and the rules made thereunder. Section 3(2) permits a person to acquire, have in his possession or carry at any time not more than three firearms.

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ruger_rugged
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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by ruger_rugged » Fri Feb 01, 2013 10:04 am

Dear patelia hemant d

If you search the forum you will find about 18 judgement's given by Hon. High Courts on this subject. They may be more but my knowledge is limited to just about 18 of them. Pl. find attached a judgement clearing the way for 3 weapons.

:cheers:
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inplainsight
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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by inplainsight » Fri Feb 01, 2013 1:38 pm

Send them RTIs also, frame very specific questions and ask for certified copies of documents

sample questions could be

a) Please provide the number of firearms license holders in the district and the number of firearms owned by each license holder?
b) Please provide certified copies of any rules and regulations that outline the procedures to be followed to add a additional weapons to a license

OR

a) Please provide certified copies of any rules and regulations restricting an individual from owning more than one firearm.

They most likely won't reply to these or send vague replies, which you should appeal against.

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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by Safarigent » Fri Feb 01, 2013 2:17 pm

If you have filed a writ in the high court, then the best advice i can give you is to take print outs of the relevant sections of the arms act and rules. Also the relevant judgements. Take them to a lawyer who will help you frame out a coherent case and will be able to do all the paperwork and running around in he court.
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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by goodboy_mentor » Fri Feb 01, 2013 3:49 pm

Application was rejected on what grounds? Filed the writ on what grounds? Is your lawyer aware that arms are fundamental right under Articles 19 and 21 of the Constitution of India? There are many High Court judgements mentioned in this forum, please use the search box in the upper right hand corner. You may also read these two threads:
1. http://indiansforguns.com/viewtopic.php?f=4&t=15638
2. http://indiansforguns.com/viewtopic.php?f=4&t=15639
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patelia hemant d
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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by patelia hemant d » Fri Feb 01, 2013 5:56 pm

Thank you

patelia hemant d
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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by patelia hemant d » Fri Feb 01, 2013 8:06 pm

I gave reason for self protection and sports both .I am a Physical education teacher. Throught the year used to participate different
Games in state and national both.In Jump Rope competition my team is champion for
the last four years.
I use to go with my team girls and boys both.During traveling many time we need to fight with others like lofar or gunda .I gave one more reason that every day i travel in my car.Sometime i need to quarrel with shepherds because of cattle on the road.

According to collector and deputy sachiv our state is safe you don't need
other arms . State has given you a licence for .22 rifle of your interest .

patelia hemant d
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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by patelia hemant d » Sun Aug 04, 2013 10:48 pm

on 16 july 2013 my case was on the desk and Ahmedabad High Court has oral ordered to cancel D S P's opinion that D S P has not given any genuine & legal reason for not issue revolver /Pistol licence .On 22nd collected high court and submited to the Deputy Secretary HomeDepartment,State of Gujarat through secretary and District Magistrate.On the same day L.A.had given me another paper for hearing on 29 july 2013. On 26th I was called for answer in my area police station. according to them they given positive report in my favour. On 29th july Chitnis has taken my answer and I gave reason as I mentioned in my application.Collector asked me whatever you want to say give me in written.Have you filed any FIR ? I repeated the same answer as I had given in my first hearing ,and the same to deputy secretary in this hearing that I am a Physical Education teacher and I often go for competition in Gujarat and other states.I travel with boys and girls.It happens all days are not equal.
Yesterday on 3 August I have received refusal letter from L.A. My final judgement is on 7th August 2013.

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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by msprabhat » Wed Aug 14, 2013 5:59 am

Please post outcome of the writ.

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Re: License Application Rejected-Arms Act 1959 and Arms Rule

Post by djneog » Sun Sep 01, 2013 10:31 pm

Please post the outcome of the final judgement.

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