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Can a paraplegic hold a fire Arm..!!
Posted: Mon Aug 09, 2010 10:48 pm
by t4sunny
Hello All,
This is Rohan,I was involved in a motorbike accident in the UK and suffered spinal Injury T4 Paraplegia,ever since use a wheelchair.I have no Mobility in my lower limbs.My upper body is Quite strong and both my Arms are doing the Job,I am very independent,can drive ride an ATV Archery Shooting etc.
I would like to hold a fire Arm license for Home & Personal Defense.As i am not aware of the medical requirement.
Pls give me your inputs on what i should do or who to approach for the Perfect advice.
Cheers..
Re: Can a paraplegic hold a fire Arm..!!
Posted: Mon Aug 09, 2010 11:02 pm
by shooter
Do you want advise for uk or india?
Re: Can a paraplegic hold a fire Arm..!!
Posted: Mon Aug 09, 2010 11:15 pm
by t4sunny
Advice for Maharashtra India.
Sorry forgot to mention that in the earlier post.
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 3:08 am
by Anand
Hi t4sunny,
I am sorry to hear about your accident.
. The Arms law itself has no rules as to the level of physical fitness that an applicant must have in order for a license to be granted. However this seems like one more discretionary area where the authorities can have another excuse not to grant/renew licenses.
For example when my dad 's license came up for renewal, the SHO apparently told the constable doing the verification to make sure that my dad(aged 67) was physically fit and capable of handling the firearms on his license. I had never heard this before.
This is an area where both the (handicapped/aged)applicant and the licensing authority may have merit in their arguments. The LA can say that because the applicant can be easily disarmed he should not be granted a license and the applicant can say it is for precisely for that reason he needs a firearm as he is easier prey to the criminal element.
Regards,
Anand
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 10:17 am
by sumer
hi sunny,
im in the same boat as you.i had a stroke in dec 2009 i have left hemiplegia .initially i couldnt use bothmy left limbs.thamkfully i can now walk unassisted.i m undergoing physiotherapy for my arm .my shoulder and elbow are better but still cant use my fingers.ican understand what youre going through since im in the same boat.
im desperate to shoot again dream about it every night.
god bless and speedy recovery
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 1:51 pm
by t4sunny
Thank you Anand n Sumer for ur reply.
If I was an able bodied then it would not have been an issue.
Most of the Gov agency Officials are not aware of the laws applicable for my condition.I have to look for a similar case who is a paraplegic and has been issued a firearm license after injury or disability.
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 2:15 pm
by sumer
nice to see youre asking in the right place.im sure your query will be answered by knowledgeable members.
luckily i posess a license from my normal days.
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 2:50 pm
by mundaire
Sumer, I wish you a speedy and complete recovery! t4sunny, you have brought up an interesting point. The grounds for refusal of a license are listed as per Section 14 of the Arms Act:
14. Refusal of licences
(1) Notwithstanding anything in section 13, the licensing authority shall refuse to grant---
(a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;
(b) a licence in any other case under Chapter II,---
(i) where such licence is required by a person whom the licensing authority has reason to believe---
(1) to be prohibited by this Act or by any other low for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or
(2) to be of unsound mind, or
(3) to be for any reason unfit for a licence under this Act; or
(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.
(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.
(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.
So the only grounds which could possibly be interpreted to deny the application would be 14(1)(b)(i)(3), which states:
to be for any reason unfit for a licence under this Act
As in other places in the Arms Act, this gives wide discretionary powers to the Licensing Authority in determining what these other "reason(s)" could be. If your application is denied simply on the basis of your physical health, you would have good grounds for judicial appeal.
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 3:15 pm
by goodboy_mentor
I agree, if license is refused, get the reason for denial in writing and file an appeal in High Court for directions to Licensing Authourity.
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 7:27 pm
by varshik
isnt a doctor's certificate, confirming mental and physical fitness mandatory? or is it something that the babus have cooked up to make the whole process slower and even more lengthier?
and is it equally tough to get a retainer's licence? i dont think there was any documentation that said anything about any fitness requirements for a retainer, so t4sunny can apply as a retainer, and carry the weapon around legally, using it would require another loop hole to be found
a big thumbs up to t4sunny for bringing this topic up!
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 7:28 pm
by sumer
thanks a lot abhijeet
Re: Can a paraplegic hold a fire Arm..!!
Posted: Tue Aug 10, 2010 11:01 pm
by goodboy_mentor
isnt a doctor's certificate, confirming mental and physical fitness mandatory?
Not mandatory and your guess is right to a great extent.
is it equally tough to get a retainer's licence?
I do not think so. If you could search this website, somewhere there is a post mentioning about the procedure for retainers license. If desired one may also contact mmspandian about exact procedure for retainers license etc. refer:
http://indiansforguns.com/viewtopic.php ... 657#p75116 Bank guards etc. are usually retainers of the firearm on behalf of the license of bank etc. Retainer can carry and use the weapon for lawful purpose like self defense as allowed by Sections 96 to 106 IPC.
Re: Can a paraplegic hold a fire Arm..!!
Posted: Wed Aug 11, 2010 4:19 am
by varshik
goodboy_mentor wrote: Retainer can carry and use the weapon for lawful purpose like self defense as allowed by Sections 96 to 106 IPC.
well, then things look pretty good for t4sunny, if we are to follow what the constitution says, EVERY Indian citizen is entitled to protect himself,medical certificate not being mandatory is even better and in the worst case scenario, even if he is declined ownership he can apply for a retainer's licence and still use it, as long as it serves the purpose of self defense, being a retainer or owner on the license shouldn't be an issue.
Re: Can a paraplegic hold a fire Arm..!!
Posted: Wed Aug 11, 2010 9:31 pm
by goodboy_mentor
if we are to follow what the constitution says, EVERY Indian citizen is entitled to protect himself
I agree. Self defense is a fundamental right guaranteed under Article 21 of Constitution, and applying for Arms license for self defense is a legal right. One can read a recent important judgment by Hon'ble High Court, AP at
http://www.indiansforguns.com/viewtopic ... 7&start=15
in the worst case scenario, even if he is declined ownership he can apply for a retainer's licence and still use it, as long as it serves the purpose of self defense, being a retainer or owner on the license shouldn't be an issue.
AFAIK there would be no issue except:
1)Retainership does not entitle any ownership rights on the weapon. The owner at any time may remove the retainer from retainership as per his/her desire.
2)Once the license of owner expires or gets canceled, the retainer has no right over the weapon. For example, in case of unfortunate death of the license owner, the retainer will cease to be a retainer and will have to apply for an arms license to keep any firearm or may have to become a retainer of another firearm license holder.