Importing Arms & Ammo into India

[msandhu]

You can import a firearm to India only if you are Indian citizen and coming back to India on Transfer of residence (TR). In that case, you need to have the arm in your possession for at least 1 year before you can import it.
Even if you somehow qualify ( which i doubt you cannot since you do not even have a license on your name in India ) importing a 40 cal is not a good choice since it will be extremely difficult to get its ammo in India

Cheers
Mandeep

[primerwalla]

Are you saying that foreigners can't import firearms? I do have the OCI visa. Will it help? How do you prove transfer of residence? Say someone comes back to India. Gets a job there which requires him to work abroad? He/she has to take the firearm with them?

I bought the .40 cal pistol because
9mm, .45 ACP - prohibited in India.
.38 super - no longer popular and new pistols are not chambered for them.
.380/9mm short - pistols come with a small barrel which are prohibited in Canada. Can't buy them.
.357 SIG - Very strong recoil and muzzle flash.
What are my other choices in caliber apart from .40 S&W and .357 SIG? None. Not interested in a revolver.

Could someone else who has imported post their experience please? How do I apply for the license from abroad?

[mundaire]

Thread merged with the original thread on imports of arms & ammo.

Are you saying that foreigners can't import firearms?

Technically they can, two ways -
1) They can get temporary permit, this is usually issued to visiting sports persons who are here to participate in a sporting event. The firearm and unused ammo, is required to be re-exported when the person leaves the country.

2) If they are transferring residence to India for a period of 2 or more years. The process should be the same as that for Indian citizens coming back on TR. However, I have no first hand info from anyone who has taken this route.

I do have the OCI visa. Will it help?

The OCI card is irrelevant for this

How do you prove transfer of residence? Say someone comes back to India. Gets a job there which requires him to work abroad? He/she has to take the firearm with them?

Look up the Transfer of residence rules on the customs website/ contact your local Indian consulate. Quite simply put THE ONLY WAY you would be able to import a firearm is to take the transfer of residence route IN WHICH CASE you CANNOT sell/ gift/ transfer ownership of the firearm for the duration of your NATURAL LIFE. That is the law! You can find out more by browsing previous posts on this thread.

How do I apply for the license from abroad?

You don't really need to. When importing a firearm under TR rules, you simply declare it on arrival, at which time it will be confiscated and a receipt for the same will be given to you. You then start the arms license application process, and once you have a license you go back, pay the duty and have the firearm released.

Cheers!
Abhijeet

[Mack The Knife]

You then start the arms license application process, and once you have a license you go back, pay the duty and have the firearm released.

I am reliably informed that the above procedure needs to be done within ninety days. Hopefully, this is not another of those rules which vary from one point of entry to another.

[Rottmeister]

I can only think of this:
http://indiansforguns.com/viewtopic.php?t=4368

as a suitable answer to penpusher's queries. Our country needs a few people like him who have the guts to ask "WHY NOT?" instead of just "Why?"

[primerwalla]

Ah! That is somewhat disappointing news. Let me look at all legal avenues. thanks anyway.

[primerwalla]

Hi, I found the following on the Customs website. I have added my comments relevant to my situation in bold.

Allowances and Entitlements on Transfer of Residence (T.R.)

16. In the case of a person transferring his residence to India there are certain additional benefits that the passenger is allowed subject to certain conditions. There should be minimum stay of two years abroad, immediately preceding the date of his arrival on transfer of residence . However short visits are permitted but total stay in India on short visits during the 2 preceding years should not exceed 6 months. [A shortfall in period of stay abroad can be relaxed upto 2 months by the Asstt/Deputy Commissioner. The Commissioner of Customs in deserving and exceptional cases can relax visits to India, exceeding 6 months].

17. The person transferring his residence to India after 2 years stay abroad as mentioned above is eligible to clear free of duty, articles such as used personal and household articles for a value upto Rs 1.5 Lakhs.. The goods such as firearms, cartridges of firearms, cigarettes/ cigars/ tobacco or alcoholic liquor and wines that are in excess of what is allowed within the free allowance, gold or silver, in any state (other than ornaments) are not allowed to be imported. However the following goods are not eligible for a complete duty exemption and are charged to a lower concessional rate of duty of 31%. The items include T.V, VCR/VCP/VTR, Washing Machine, Air Conditioner, Microwave oven, personal computer, Dish washer, Music System, Electrical/LPG Cooking Range(Other than cooking range with not more than 2 burners and without any extra attachment), Refrigerator, Deep Freezer, Video Camera or a combination of Video camera and TV Receiver; Sound recording or reproducing apparatus; Video reproducing apparatus, Word Processing Machine, Fax machine, Vessels, Aircraft, Cinematographic films of 35 mm and above, Gold or Silver, in any form, other than ornaments.

18. TR concession is available provided the passenger has not availed this facility in the preceding 3 years. In other words there is no bar if the passenger who returns for stay in India on TR goes abroad but on his return again the TR concession is available for another 3 years.
Does it mean I can leave India after 1 month without taking the firearm with me?
Import of fire arms as baggage

23. Import of firearms is strictly prohibited. Import of Cartridges in excess of 50 is also prohibited. However, in the case of persons transferring their residence (as per conditions specified in the rules) to India for a minimum period of one year, one firearm of permissible bore can be allowed to be imported subject to the conditions that:

* the same was in possession and use abroad by the passenger for a minimum period of one year and also subject to the condition that such firearm, after clearance, shall not be sold, loaned, transferred or otherwise parted with, for consideration or otherwise, during the lifetime of such person
Is having a 'retainer' for the firearm considered a transfer?
* The firearms are allowed in such cases on payment of applicable duty provided the passenger has a valid arms licence from the local authorities.

[mundaire]

Read point no. 23 of what you have posted, if in doubt read it again... and if need be yet again. Still have any doubts as to whether or not you can import a firearm?

Having a retainer is not equivalent to transfer as a retainer is NOT an owner.

However, it would seem you are NOT eligible for import via TR as you are not planning on residing here for a minimum period of one year. So the rest of the points are pretty much irrelevant!

Cheers!
Abhijeet

[eternalme]

Greetings,

Can we put up a public interest petition ? I have lawyer ,but before I approach him I thought should take your opinion on this.

Please comment.

Regards
Subodh

[eternalme]

Greetings,

Can public interest petition be lodged for the same points, I have a lawyer who would do the same cheerfully, just wanted to know the opinion of the gentry here.

Regards

[primerwalla]

Hey,

I was also thinking along those lines. I even thought of building the case based on these points.

• Buying the existing firearms in India encourages the growth/exchange of black money due to supply/demand gap.
• The firearms produced by IOF are not reliable and can't used for self defense.
• The .32ACP cartridge used in IOF small arms has inadequate stopping power and not suitable for self-defense.
• Self-defense is an inalienable right.
• A handgun is a more suitable weapon for self defense rather an knife/sword/shotgun

You may use this a starting point and build the case even though this is more specific towards handguns.

[TenX]

All points seem very valid. If this goes thru, you guys will have your picture framed in many houses

[nagarifle]

Hi Subodh

about a month a go there was other thread with regards to legal action.

i like most others would welcome this, however from my understanding its the finance ministry which also needs to be taken into account as well.

i would suggest that much stronger reason should be taken into account as self defence reason should not be the only reasons. will try to locate the other link, i think its somewhere in the legal thread.

nagarifle

[diskaon]

I me and my wife both own guns abroad for a period of 1 yr and have stayed for more than 2 yrs..etc etc... can we come back with 2 guns!!!

[nagarifle]

the law say one gun etc, but if you come back separate times as individuals and not as family then you should be able to bring one each.