Issue regarding Sale permission

[Anand]

Putting this up for a dealer friend of mine. The situation is that a licensee has deposited a firearm with this dealer friend sometime back. Then the license of this person expired, now the question is can a sale of the said firearm be done with 45 day notice while the renewal has not been done yet?
Regards,
Anand

[Amit357]

Anand,the sale permission has a line which says license valid till____________________,the 45 days notice is applicable only then,if the license holder wants to retain his A L,then he has to 1st have the delay condoned and then get it renewed and then the sale notice,if he doesnt want to retain the A L,then he has to the Authority and ask for a sale permission,with a request that his A L is cancelled after the sale permission is granted and has to submit the A L along with the request.Best Amit

[Katana]

AFAIK, either the license be renewed or cancelled before selling the weapon. However, point to be noted is that the license is deemed to be renewed when it is given to the issuing authority unless the authority says anything to the contrary.

[target shooter]

Hi everyone,
Just an innocent query , if a license holder bought a firearm from someone's license or from a registered dealer which later on turns out to be illegally procured firearm and finally caught up by the law, now where do the innocent buyer stands in the eye of the law.

Regards,
ts

[prashantsingh]

Hi everyone,
Just an innocent query , if a license holder bought a firearm from someone's license or from a registered dealer which later on turns out to be illegally procured firearm and finally caught up by the law, now where do the innocent buyer stands in the eye of the law.

Regards,
ts

An "innocent aatankwaadi" I suppose.

[Anand]

An act committed in good faith especially while all requirements of law from the buyer's side are met, the issue will then be of only losing the said goods as evidence I guess. The registered dealer would have had to verify that his purchase was from a legal source, it is his responsibility.

Regards,
Anand

[goodboy_mentor]

Yes if the buyer is able to establish "good faith" by showing evidence that he followed the rules under Arms Rules 1962 and Arms Act 1959 to court he is saved otherwise will have to face punishment as per Arms Act 1959.
Section 40 of Arms Act 1959 says:

40. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Reference: http://www.abhijeetsingh.com/arms/india ... r_5_6.html

[target shooter]

An act committed in good faith especially while all requirements of law from the buyer's side are met, the issue will then be of only losing the said goods as evidence I guess. The registered dealer would have had to verify that his purchase was from a legal source, it is his responsibility.

Regards,
Anand

Thanks Anand,
your ans seems to be most appropriate.
Isn't there any ways of getting back the buyer's hard earned money.
Recently i was about to buy pistol from an officer, on carefully examination of the firearm, its make was old , endorsement on license was only three years ago. the sl.No. year of make seems to have been redone, BUT condition of pistol barrel doesn't match the age of the pistol, appears as if a very few rounds have fired if not at all. The ejector tip looks untouched, hammer looks as if it has not been used. Where as normally hammer bears witness of fire even if its dry firing. Correct me if I am wrong. And surprise of surprise it was threaded for suppressor. My inner conscious suspected it and i didn't buy. On the other hand if there is any ways of getting back cost in case of eventuality I can still look around for that officer and go for it.

Regards,
ts

-- Fri Mar 25, 2011 1:23 pm --

Hi everyone,
Just an innocent query , if a license holder bought a firearm from someone's license or from a registered dealer which later on turns out to be illegally procured firearm and finally caught up by the law, now where do the innocent buyer stands in the eye of the law.

Regards,
ts

An "innocent aatankwaadi" I suppose.

Dear Prashant,
Pl brush up your vocabulary 'AATANKWAADI' means terrorist means people who terrorized others. An arms license holder may become tyrant. But he/she may not be one before owning a fire arm lest he would not have been issued a license to keep firearm. In the same breath a group LATH welding people can terrorise innocent people, which you may have witnessed around many times. Unfortunately, Its only our mind set up that aaatankwaadi are only THEY and are armed with AK. AN unhappy truth.

Reg.
ts

-- Fri Mar 25, 2011 1:28 pm --

Yes if the buyer is able to establish "good faith" by showing evidence that he followed the rules under Arms Rules 1962 and Arms Act 1959 to court he is saved otherwise will have to face punishment as per Arms Act 1959.
Section 40 of Arms Act 1959 says:

40. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Reference: http://www.abhijeetsingh.com/arms/india ... r_5_6.html

Thanks goodboy_mentor for enlightening me, this legal eagle is very helpful.

Reg,
ts