Arms License Application rejected

[goodboy_mentor]

Here is my question - should I continue pursuing my application in Mumbai or just make a fresh application here in Gandhinagar? If I apply fresh, it would be my third application - first one was rejected and I could not file a petition within stipulated period, there is no status update on second application which I filed in May 2014.

If you are not residing in Mumbai, how will you pursue the application? Unless you are also residing at Mumbai and have some documents to prove the same, some neighbors willing to confirm the same? Ultimately you will have to decide how you want to pursue the matter to its logical conclusion.

[AgentDoubleS]

Shadow,

Are you a permanent resident of Mumbai and that address or were there temporarily? If it's the latter, I'll second GBM's advice. If you are not residing in Mumbai, you will not be issued a license from there even if you were a resident at the time of the application. As disheartening as it sounds, you might have to start all over again. I wish my opinion was different.


ADS

[shadow]

Here is my question - should I continue pursuing my application in Mumbai or just make a fresh application here in Gandhinagar? If I apply fresh, it would be my third application - first one was rejected and I could not file a petition within stipulated period, there is no status update on second application which I filed in May 2014.

If you are not residing in Mumbai, how will you pursue the application? Unless you are also residing at Mumbai and have some documents to prove the same, some neighbors willing to confirm the same? Ultimately you will have to decide how you want to pursue the matter to its logical conclusion.

Dear GBM,

All my documents - passport, aadhar card etc. are of Mumbai and have not yet updated the address to Ahmedabad.

Will there be a second police verification bound to happen? If not, the local police station had already visited my residence and met my neighbors.

Update as on last night is that my file is with DCP - Arms Branch and since he has just joined, he has more pressing things to address than bunch of AL files.

For Ahmedabad, I do have my residence proof etc in place as I just bought a house here.

The question is that is it ok to apply fresh from Ahmedabad, considering that my file in Mumbai is still WIP and application has not been rejected. Will it be within the limits of the law to re-apply from a new city while the earlier application in previous city is still active?

Cheers,
Rup

[shadow]

Shadow,

Are you a permanent resident of Mumbai and that address or were there temporarily? If it's the latter, I'll second GBM's advice. If you are not residing in Mumbai, you will not be issued a license from there even if you were a resident at the time of the application. As disheartening as it sounds, you might have to start all over again. I wish my opinion was different.


ADS

Dear ADS,

I was a permanent resident until a year ago. Now have moved to Ahmedabad (not sure if it will be permanent owing to nature of my job & the company).

I wouldnt mind starting again, just that do not want to fall in a legal tangle with 2 applications from 2 different cities.

Cheers,
Rup

[aadhaulya]

Dear Shadow,

As per rules, if you apply again you will have to mention that you have applied earlier and the application is still pending. I do not know how it will affect the outcome of your new application, as the LA looks very closely at the application to see on what grounds they can reject it. They will process it only if everything is perfectly right and they can find no reason (except that according to them you do not need a license).

Regards

Atul

[shadow]

Dear Shadow,

As per rules, if you apply again you will have to mention that you have applied earlier and the application is still pending. I do not know how it will affect the outcome of your new application, as the LA looks very closely at the application to see on what grounds they can reject it. They will process it only if everything is perfectly right and they can find no reason (except that according to them you do not need a license).

Regards

Atul

Thank you Atul! In which case looks like the only thing to do is wait until there is some outcome of my Mumbai application.

Fingers crossed!

Regards,
Rup

[ankur_ank007]

Dear Safarigent,

It is indeed distressing to learn that your arms license application has been rejected on the basis of having to prove threat to your life first.

This is as a result of "Executive directives" issued by the Home Ministry to all licensing authorities in the country.

Even though security is a state subject, the centre has sent this directive in an advisory manner.

NAGRI was created to fight this menace.

These executive directives by the HM are bad in law and unconstitutional.
NAGRI successfully convinced the Parliamentary Standing Comittee on Home Affairs who roundly condemned these directives.

So, in other words, the reason your license application has been rejected is both unlawful and unconstitutional.

Rahoul Rai

President

NAGRI

9. Circular No.V-11016/16/2009 Arms issued my Ministry of Home Affairs, Government of India, dated 31.03.2010 guidelines deny grant of Arms License to the Applicant because of what so ever reason due to non-compliance with it.
a. In the Case of Keshavanand Bharati Vs. State of Kerala and Others. On 24 April 1973, Writ Petition (civil) 135 of 1970 it was held by the honourable court that any Notification cannot surpass a law passed in parliament and signed by the President of India for Execution.
b. In Case or Anil Varghese Vs. The DM & District Collector of Ernakulam, Kerala and Others on 01 November 2014; Writ Petition- Civil No. 34311 of in Para 6 the Honourable court held that “ The learned Government Pleader heavily relied on the Circular No.V-11016/16/2009 Arms dated 31.03.2010 issued by the Central Government and Circular No.76689/F1/09/Home dated 14.09.2010 issued by the State Government imposing restrictions on the renewal of arms licence. The argument of the State cannot be countenanced as it is trite that executive orders cannot override the express provisions of a statute. Therefore, I do not see any justifiable reason not to follow the decision in Chandran Nair's (cited supra) case. The W.P.(C) No. 34311 of 2014 ..4..impugned order does not reflect whether any of the grounds made mention of in Section 14 of the Act was there for refusing the licence. The licence was refused solely for the reason that the petitioner was not facing any imminent threat or danger to his life. Therefore, this Court feels that the matter requires a reconsideration by the respondent concerned. In the result, the writ petition is disposed of as under;”
c. In Ranjit Singh Etc. Etc vs Union Of India on 26 September, 1980, Supreme Court of India has held that policy or guidelines cannot take place of the Law.
d. In Poonam Verma & Others Vs. Delhi Developmental Authority on 13 Dec. 2007 Case no. Appeal (Civil)No. 1322 0f 2007 The Apex Court held that “Guidelines per se do not partake to the character of statute. Such guidelines in absence of the statutory backdrop are advisory in nature. This is because guidelines, by their very nature, do not fall into the category of legislation, direct, subordinate or ancillary. They have only an advisory role to play and non-adherence to or deviation from them is necessarily and implicitly permissible if the circumstances of any particular fact or law situation warrants the same.”

[Brar4318]

My license was cleared by deputy commisoner and everything done and at last moment all the cleared sent for reverification!?
Kindly send solutions!
Thanx

[aadhaulya]

My license was cleared by deputy commisoner and everything done and at last moment all the cleared sent for reverification!?
Kindly send solutions!
Thanx

Practically you can do nothing about it till they reject your application. But re verification should not take too long as they would re verify your address and probably the maximum they can do is re verify the documents submitted by you.

Atul

[ankur_ank007]

I had applied for a shotgun license under the sports category in delhi.
got a letter stating that my application for arms license under sports AND SELF DEFENSE has been rejected as there is no threat to my life.
i went to them and told them that i dont want a license under self defense and did not apply under that category where upon he said he have seen the self defense angle also.
as far as the sports category goes, he asked me to show him some certificates of competitions i had taken part in.
i told him that i am starting out now, to which he just shrugged his shoulders.
i then told him that the dr. karni singh ranges only let you hire guns if you have an arms license for shotguns, so how am i supposed to practise and take part in competitions if i dont have access to guns and if id ont have uncles and friends who can lend me their weapons to which he said that it wasnt his problem and i am free to appeal to the lg as stated in the letter.
such a sorry and sordid state of affairs.
anyway, i have printed all the material i have found and am meeting a lawyer tomorrow.
this appeal is going to knock their socks off!!!!
so please give me any tips you might have and send me your blessings!

Hello Sir,

I would request you to share the write-up of your appeal. I am also planning to file an appeal/petition as I have requested a fast track hearing due to honour killing threats. I think your writeup will surely give me an insight about legal processes.

Regards

[Safarigent]

Gone and dusted dear chap! I got me a lawyer to help write that appeal

[aadhaulya]

Keep at it guys I am sure both of you will get your licenses either way.

Atul

[jagankumar.j]

Hi,

I'm Jagan from Bangalore. I have applied for New Arms License on 16-10-2014 in Bangalore city Police commissioner office for self defence Revolver/Pistol , after few day there was enquiries and formalities in local police station which I have full filled and local station passed it to ACP office further.

But I haven't received any information further. I have been waiting for one year. On 17-10-2015 (exactly a year completed from arms license application filed date) I filed RTI requesting status of my application on arms license with City Police Commissioner. Few days back I got reply from Commissioner stating that, " They have gone through my application and there is no proper reason/ sufficient reason to grant license. So arms license is rejected".
The following documents were attached along
1. Application
2. Weapon training certificate
3. Medical fitness certificate
4. IT returns
5. ID and Address Proof
6. Life threat police complaint copy
7. RTI document report of 16791 Murders, 15142 attempt to murder, 4683 Rape cases registered across Karnataka state in year 2004 to 2013.

Kindly advise what should be done further, on what grounds should I approach High court to request grant of arms license.

Thank you
Jagan Kumar
8951514131

[AgentDoubleS]

Jagan,

Your best option might be to hire a lawyer and appeal in the appellate court. Ask around if you already don't have one. I think you need to appeal within 30 days of the rejection. Good luck and keep us posted on the outcome.

Cheers,
ADS

[M.C.Babu Reddy]

We are all with you.Good luck

Regards
M.C.Baby Reddy