Requesting everyone to post the objectionable rules with your reasoning."
The objections and reasons as posted earlier by me in this Thread:
"Hello all,
What ever the legal course we take, to either object to the new Rules, or vie for changes etc. the points of concern are:
1.In case of grant of licenses, factor that there are several cases by various courts that licensing should be the norm and not the exception. The transparency of granting or rejecting is of paramount importance, so that, in case of rejection, timely and fair escalation to the appellate authority is available.
2.If all long guns are to be carried in a public place only in a holder or cover or rucksak or pouch, then if a licensee is to carry a long gun for defense, as most poor, rural/farmers would probably be apt to do, how are they to excercise their defensive rights? How can one, in case of a defensive scenario arising, remove a long gun from its cover and then get ready for the confrontation? This is not a well thought out rule and is really meant to reduce the people from carrying long guns in open and break India's "Gun Culture"
.3. Air rifles/guns of caliber above 4.5mm and those of energy of 15 ft.lbs are to be licensed, it is understandable if the energy limit is placed at 15 ft.lbs, but why any bore above 4.5mm? A .22 airgun can still qualify for the "below 15 ft .lb" category. This was aimed at pleasing Manekaji. Most Airsoft guns are usually of low velocity and much below the 15 ft.lbs limit, they have a bore size in excess of 4.5mm, as they are usually 6mm. How are airsoftguns a danger to wild life of to others?
4. A license for firearm free zones has been included, thereby allowing a mall,theatre, resaturant, hospital or school etc to prevent licensees for excercising their defensive rights. Just remember what happened at the Taj Hotel in Mumbai in 2008. If a place is known as a firearm free zone, would it not be an easy target/sitting duck. Most School or university shootings or in theatres or religious places in the USA or other places take place precisely for this reason.
5. The increase in license fees has been exponential, making it even more difficult for a poor farmer to afford it. This is nothing but economic discrimination. Is the cost of verifying the antecedents of a licensee so expensive, especially in an age of computers, internet and aadhaar cards? Or is the Govt. trying to make a profit on license fees?
6. Replica guns/imitation firearms etc have been brought into the ambit of licensing and recently an exemption has also been issued. However, the question is how can the Arms Act 1959 regulate something that is not an "Arm". The mere appearance of being an Arm cannot make it an Arm. The same logic should be applied to Blank guns.
While the positive changes are welcome, such as;
i.) increase in ammo quotas, ii.) time limit for Police report,iii.)increase in time granted for obtaining a new firearm, iv.) the deletion of the requirement to report to local police station within 48 hrs if travelling to a place outside normal residence, v.) inclusion of semi auto shot guns and .22 rifles in the permitted category, and clarifying what the truly restricted calibers are vi.)medical certificates, vii.) safety courses and vii.)safe storage requirements;
the latter three can easily be abused, as there is no clarity what the minimal standards are and who is to perform the checks.
As for the restriction on the number of firearms, and the duration of validity of license (3 years) can only be changed by amending the Arms Act 1959 itself.
It should be noted that one important aspect of the Arms Act 1959 is that not only can the Arms and ammunition be regulated by it, but also by any other law prevailing at that time. IMHO this is how the election commission issues notices for deposit of firearms during elections, and import of firearms (and all other things) is being regulated/restricted by Import/export policy.
When the time comes to make amendments to the Arms Act 1959 these points must be kept in mind.
Please add more concerns/ points to this list so it can be used to tweak the new rules.
Regards,
Anand"
