Arms License Application rejected

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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goodboy_mentor
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Re: Arms License Application rejected

Post by goodboy_mentor » Thu Apr 12, 2012 8:51 pm

Congratulations for the license. I don't think Licensing Authority can issue license for firearm under Section 3 of Arms Act 1959, for period less than three years unless the applicant desires it to be so. For this one may read Section 15 of Arms Act 1959.
Last edited by goodboy_mentor on Thu Apr 12, 2012 8:53 pm, edited 1 time in total.
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Safarigent
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Re: Arms License Application rejected

Post by Safarigent » Thu Apr 12, 2012 8:51 pm

a quick round of applause for you my friend.
i saw this post after your pm so beware a few things.
you cant do horses and shooting together.
they are both too time intensive and costly.
atleast for us middle income people.
instead of buying a gun, use the range guns. no one uses them and you can pretty much always get the one you are regular with. just take care of it and clean it and it should be just fine.
buy your clay birds, from nrai or wherever you can manage some.
what discipline are you looking at? till the time you arent sure of that, dont buy a gun. its too much of an investment to make and then repair. no one will buy your khairuddin gun for the same value if you decide to change disciplines.
get a coach. or atleast a cd or a book.
if you are in delhi. i hope you have a membership of dsra, they supply ammo wheneer they have some at the ranges. the secretary is a very helpful gent.
lastly, best of luck.
this is not even the begginning.
you begin once you have scored that mqs at the nationals.
till then its a struggle.
dont celeberate prematurely.
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Re: Arms License Application rejected

Post by Safarigent » Thu Apr 12, 2012 8:53 pm

gbm:
is that written down anywhere.
the more ammo i have when i go back for an extension, the better.
best,
A
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Re: Arms License Application rejected

Post by goodboy_mentor » Thu Apr 12, 2012 9:10 pm

@Safarigent please read Section 15 of Arms Act 1959. Either the applicant desires duration of license to be for less than three years or licensing authority writes down reasons for shorter duration in writing. The "reasons" written by licensing authority cannot be arbitrary or whimsical with view to harass the applicant by making renewals more frequent. It would serve no purpose or objects and reasons sought to be achieved by Arms Act 1959. The reasons have to be valid reasons under the provisions of Arms Act 1959. For example if a person has two licenses with different renewal dates, in order to align the renewal dates together, the license holder or licensing authority by writing this reason may issue one license for shorter duration so that the renewal date gets aligned with other license.

If shotgun license is issued for self protection, sport or crop protection then it is issued as per Section 13(3)(a)(i) of Arms Act 1959. Article 19 of the Constitution offers greater protection to your rights than Article 21. Article 19(1)b is acknowledging arms as fundamental right. Since Section 13(3)(a)(i) of Arms Act 1959 is making it obligatory for licensing authority to issue license, as per my understanding Section 13(3)(a)(i) of Arms Act 1959 is flowing from Article 19 of the Constitution(may read this http://indiansforguns.com/viewtopic.php ... 08#p161218). Therefore if the Licensing Authority has issued you a shotgun license for a period less than three years(giving some arbitrary or whimsical reasons), then it is not in tune with Section 13(3)(a)(i) of Arms Act 1959, implying not in tune with Article 19 of the Constitution.

Also it needs to be noted that licensing authorities are not "granting" licenses, they are merely issuing licenses. Use of the word "grant" in Arms Act 1959 is a misnomer just like "prohibited bore".
Last edited by goodboy_mentor on Fri Apr 13, 2012 1:58 am, edited 1 time in total.
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Re: Arms License Application rejected

Post by Safarigent » Thu Apr 12, 2012 9:38 pm

hi gbm, i understand. will read up and when i reapply will sort them out if they do this one year nautanki again.
you know it would be a pleasure to meet you some day in person and shake your hand.
i doff my hat to you
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Re: Arms License Application rejected

Post by rahulbdelhi » Thu Apr 12, 2012 9:51 pm

Congrats SS !!! First Arjun and then you, its really heart warming to know that you guys now have your licenses.

I have been dreaming of owning a gun since childhood, and now at the age of 32 managed to save enough to buy a gun. :) Ideally I would have loved to own a Beretta pistol or the new FN-5.7, but have planned to buy a .32 OFB revolver. Still need to apply for an arms license.

I am a middle class person from Delhi working for a software company, having no political or army connections.I am not a shooter either.
I want to apply for a revolver license for self defense. Can somebody please advise me on how to increase my chances of getting the license? I am worried that my license application might be rejected on the grounds that I don't have any threat to life.

Also, are there any institutes which provide a course on handling and shooting revolvers? If I can attend that course, it would be beneficial.

Thanks,
Rahul.

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Re: Arms License Application rejected

Post by Safarigent » Thu Apr 12, 2012 9:53 pm

hi rahul,
do read up on the forum. your exact specific reply has been answered before.
cheers
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Re: Arms License Application rejected

Post by goodboy_mentor » Thu Apr 12, 2012 10:08 pm

@Safarigent Of course we may meet some day. Thank you. :)
I am worried that my license application might be rejected on the grounds that I don't have any threat to life.
"Rejection" is not something to be "worried" about. Neither do you need any "threat" to get an arms license. Rejection of arms license application is something to be expected as part of usual bad habit or modus operandi of licensing authorities. Please read this thread and the links therein carefully, you will get answer to your question http://indiansforguns.com/viewtopic.php?f=4&t=16720 If still you are not able to understand something specific please feel free to ask.
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Re: Arms License Application rejected

Post by AgentDoubleS » Fri Apr 13, 2012 9:01 am

@ Bhargav.. The LG asked me some basic questions like how long I had been shooting, did I have some training etc and what was the purpose of me applying. I have participated in a few GVM Tournaments (.22 category) and had the certificate to back them up, albeit they were from Mid 1990s. I also have district, state and national participation certificates in Hockey. To make a long story short, my response was that with increasing career pressures it is not always possible to continue with demanding sports like hockey or squash- hockey particularly because it requires you to gather 22 people at the same time! Shooting is competitive and physically less laborious and is a natural progression for me since I have done it in the past. I also emphasied a lot on the fact that even a pay and play facility or other memberships require me to have an arms license.

GBM, I read about Ab's experience (used the same lawyer as well) so thought it was common for a one year license and did not raise an objection. I will be taking up the sport so I think renewal should not be an issue. if it is, I'm happy to fight it out again- nothing succeeds like success! Thanks for all the references, I'll use these the time I reapply.

AB, Riding is more pleasure that a serious sport pursue and i don't think I could afford to keep horses for many more years. I thought a gun HAD to be purchased if one has a license- I stand corrected. I'm going to rely on the range guns to begin with and then take a decision on what, or if, a gun should be bought.

The next steps is go full steam for membership process for DSRA and Karni Singh..

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Re: Arms License Application rejected

Post by goodboy_mentor » Fri Apr 13, 2012 9:18 am

I thought a gun HAD to be purchased if one has a license
When you will receive license, you will find written on it the duration within which you will have to purchase the gun. If you do not purchase the gun within that time frame, you will have to get the period extended by giving some valid reasons. Therefore you will need to purchase some gun because cannot keep your license empty indefinitely. In this context you may read Rule 52 of Arms Rules 1962 at http://www.abhijeetsingh.com/arms/india ... 48_52.html
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Re: Arms License Application rejected

Post by AgentDoubleS » Fri Apr 13, 2012 9:40 am

GBM. I had a quick exchange of messages with AB yesterday and he suggested I could opt not to purchase a shotgun and use the range guns. AB, your inputs?

Or am I holding the wrong end of the stick (or gun!) here?

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Re: Arms License Application rejected

Post by Bhargav » Fri Apr 13, 2012 10:05 am

Thanks SS for the info.

avi, I guess you are next in line to go to the "LG" :D

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Re: Arms License Application rejected

Post by goodboy_mentor » Fri Apr 13, 2012 11:45 am

@ SS please read Rule 52(2) of Arms Rules 1962. A link for that is in the previous post. Rule 52(2) is very clear about this matter. Maybe AB wanted to convey something else or I am not aware of something in this matter.
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Re: Arms License Application rejected

Post by Safarigent » Sat Apr 14, 2012 1:54 pm

My purchase period was till the validity of the license.
I had told the fellow also quite clealy the i needed a license because i wanted to rent out the guns at the range.
Hence the validity and purchase period were the same.
Reading the arms act gives a whole different twist to the whole thing.
So, going as per law one should buy a weapon in the specified period.
But gbm, help me out here, what if one was looking for a weapon and couldnt find one in the pp and got it extended and then the license also expired. So in this case, the police wont renew your license?
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Re: Arms License Application rejected

Post by goodboy_mentor » Sat Apr 14, 2012 3:23 pm

So, going as per law one should buy a weapon in the specified period.
Yes, one should purchase the weapon within the specified time period or at least within the extended time period. If one is not able to find the desired weapon, at least purchase any cheap weapon to get an entry done in the license. It can be later sold off when one finds the desired weapon.
what if one was looking for a weapon and couldnt find one in the pp and got it extended and then the license also expired. So in this case, the police wont renew your license?
Yes the license shall cease to be in force and you will have to make a fresh application all over again. Licensing authorities as usual vehemently look for excuses to deny, this may give another excuse to them.
"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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