Blank gun detained at customs - please help
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Blank gun detained at customs - please help
Dear All.
Myself vipin am from kerala.i am a new member in the forum two months back I purchased a Blank gun from spain and couriered through FEDEX when the parcel reached at Bangalore our customs identified that as a restricted item and now they required “rifle association membership” to release the parcel. Unfortunately I don’t have like documents to submit. From two moths am searching for an advice from a person who have knowledge regarding the subject kindly if anyone know regarding this please advice
Myself vipin am from kerala.i am a new member in the forum two months back I purchased a Blank gun from spain and couriered through FEDEX when the parcel reached at Bangalore our customs identified that as a restricted item and now they required “rifle association membership” to release the parcel. Unfortunately I don’t have like documents to submit. From two moths am searching for an advice from a person who have knowledge regarding the subject kindly if anyone know regarding this please advice
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Re: Exemption of Replicas w.r.t Arms Rules 2016
Following is a friendly advise/ idea and not a "legal advice". Are the customs asking for "rifle association membership" for releasing this blank gun in written or verbally? If asking in verbal then politely persuade them to give this to you officially in writing so that you may get membership of rifle association. Once you have their demand in writing, only then, inform them in writing(referring to their demand of producing rifle club membership) that Arms Act 1959 does not apply to blank guns since it does not fire a projectile, thus is not a firearm as per definition of "firearm" in Arms Act 1959. Therefore they should release it to you at the earliest. If still not releasing you may raise your complaint to their seniors.vipinvalandry wrote:Dear All.
Myself vipin am from kerala.i am a new member in the forum two months back I purchased a Blank gun from spain and couriered through FEDEX when the parcel reached at Bangalore our customs identified that as a restricted item and now they required “rifle association membership” to release the parcel. Unfortunately I don’t have like documents to submit. From two moths am searching for an advice from a person who have knowledge regarding the subject kindly if anyone know regarding this please advice
"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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Re: Exemption of Replicas w.r.t Arms Rules 2016
Good Boy !!! thanks for your information . i triggered a mail to FEDEX stating the same in 1959 arms rules.they informed me that they will submit the rules to Bangalore customs. when i receive feedback i will pass the information.
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Re: Exemption of Replicas w.r.t Arms Rules 2016
Bangalore Customs reported - they are not giving clearance for my shipment kindly advise what to do next .
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Re: Exemption of Replicas w.r.t Arms Rules 2016
As per Arms Act only objects which are capable of being used for offence or defence can be classified as arms. Furthermore, the Arms Act clearly defines a firearm, which requires it to have the ability to fire a projectile.
Either get a lawyer to help you out or draft your own response after reading the Arms Act 1959 (available for download under the legal eagle section here).
LASTLY - PLEASE DO NOT HIJACK a thread and take it OT. In stead start an appropriately titled thread under the correct section here.
Either get a lawyer to help you out or draft your own response after reading the Arms Act 1959 (available for download under the legal eagle section here).
LASTLY - PLEASE DO NOT HIJACK a thread and take it OT. In stead start an appropriately titled thread under the correct section here.
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Re: Exemption of Replicas w.r.t Arms Rules 2016
Following is a just friendly advise/ idea and not a "legal advice" -vipinvalandry wrote:Bangalore Customs reported - they are not giving clearance for my shipment kindly advise what to do next .
ITC(HS) Code 93040000 is applicable for Other Arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307
Because reproduction of jackal dual blank toy gun is just an imitation of firearm, like those used by children during festival seasons like Diwali etc. and not a real firearm like pistols or air guns which can fire projectiles, ITC(HS) Code 93040000 is not applicable.
A reproduction/ imitation of jackal dual blank toy gun is neither an arm nor a firearm can be confirmed by reading the relevant extract from Sections 2(c)&(e) of Arms Act 1959 mentioned hereunder -
(c) "arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;
(e) "firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy,........
Because the reproduction of jackal dual blank toy gun is neither an arm nor a firearm, the entire Chapter 93 of ITC(HS) Codes related to arms, firearms and ammunition of Exim Policy is not applicable.
If they use ITC(HS) Code 95030030 as was used earlier in print, it should serve your purpose.
"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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Re: Blank gun detained at customs - please help
Really fed-up with our Bangalore customs long 3 month am behind this blank gun now they are not replying my emails.
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Re: Blank gun detained at customs - please help
See the new Arms Rules 2016, now blanks need a license just the same as real guns. Best leave it be, lest they prosecute you for trying to import an illegal gun 

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Re: Blank gun detained at customs - please help
OMG-New Arms rules 2016 is in action or not ? i heard that its under process for approval ?
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Re: Blank gun detained at customs - please help
It might be useful if you consult any local lawyer dealing with customs. You may search the customs website and see if they have any grievance redressal mechanism. Follow that. If all options exhausted, may lodge grievance at http://pgportal.gov.in/ with Finance Ministry. If still not resolved, you may have to take help of courts.vipinvalandry wrote:Really fed-up with our Bangalore customs long 3 month am behind this blank gun now they are not replying my emails.
Since blank gun is neither an arm nor a firearm, the licensing authority under Arms Act 1959 cannot issue license for something that is neither an arm nor a firearm. Such requirement of license if any is void ab inito under the Arms Act 1959.
"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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Re: Blank gun detained at customs - please help
Pardon me for going off the topic a wee bit. Visited an Arms Dealer today and he flashed out the brand new Arms Act Gazette (2016) in print. I asked for a spare and was informed that its already in short supply. Needless to say that this Latest amendment is there to stay guys.
No Lok Sabha and Rajya Sabha debate on passing/rejecting this stuff business anymore.
Marksman
No Lok Sabha and Rajya Sabha debate on passing/rejecting this stuff business anymore.
Marksman
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Re: Blank gun detained at customs - please help
Hi Marksman, as Mundaire has explained in another thread, the new Arms Act can be enforced by law as of now, but its possible it may not pass and will cease to be enforceable in that case.
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Re: Blank gun detained at customs - please help
Yes Arms Rules 2016 is fully subject to approval, modification or rejection by Lok Sabha and Rajya Sabha.
"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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Re: Blank gun detained at customs - please help

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Re: Blank gun detained at customs - please help
SORRY Friends
, It is a complete book THE ARMS ACT,1959 along with The Arms Rules,2016-Total 200 Pages. I got it today.
