Indians For Guns

good day friends,and a very happy holi to all
Yesterday a very close friend of mine asked me,where should he deposite his handgun as he going abroad for 4 months.should he deposite with some authorised dealer,or police station or can he keep it at home in some very safe locker .
As in between this period if section 144 is implemented,and some policewalas come at his home then what can be said to them.
I would request the members to give their views,if some has real time experiance please help me to help my friends.
Best regards.

Given those conditions, depositing with a dealer might be a good idea.There at least is some peace of mind.This is my 'opinion' and I do not have enough conceptual clarity to talk about the legalities of keeping the gun at home while the owner is abroad.


Best-
Vikram

Yes he can deposit with authorized dealer or Police Station and get receipt for the same. It has been experienced by some license holders that arms get damaged or parts get replaced while in custody of Police. Therefore I would prefer to deposit my arms with a reputed arms dealer than Police Station because arms dealer would likely to be more careful about his reputation than the Police.

If you refer Rule 47 Sub Rule (1) of Arms Rule 1962 it says "A person lawfully possessing arms or ammunition may deposit them for safe custody with a dealer holding a licence in form XIV or in a police station or, if he is a member of the armed forces of the Union, in a unit armoury."(Reference http://www.abhijeetsingh.com/arms/india ... 46_47.html)

It is not mentioning any condition that when arms have to deposited(like if someone is away from his residence for a specific period of time etc.) Therefore if some responsible family members are living in his home, while he is abroad then I do not think there is any cause for worry. He can leave it in some safe place in home.

If he wants he may also get any of his family members endorsed as a retainer on his license. Retainer is legally authorized to retain/carry the weapon.

Order under Section 144 CrPC is usually related to prohibit assemblage of five or more persons etc., when there is apprehension of disturbance of public peace and tranquility. Orders under Section 144 CrPC can be directed at specific person/s or public at large. The order under Section 144 CrPC needs to meet the following conditions:

1) Order must be in writing
2) Order must be specific and definite in terms
3) 'Material Facts' must be stated in the order
4) Prohibition must be clearly stated

I do not think magistrate can order under Section 144 CrPC to specific person/s or public to surrender licensed arms and Police will go from house to house of every license holder to collect licensed arms. Such order has to be done under Arms Act 1959 because CrPC is a general law and Arms Act 1959 is a specific law for arms. Supreme Court, in the case of Suresh Nanada Vs C.B.I 2008 AIR 1414 held that where there is a special Act dealing with specific subject, resort should be had to that Act instead of general Act providing for the matter connected with the specific Act.

Goodboy_mentor has said just about everything that is needed. IMHO depositing them with your dealer is the best option but there are some unscrupulous dealers who accept arms and then lengthen the process when you go to take them back. The reason is that they might want to trade your firearm and will try to convince you towards that aim.

Meanwhile, I would suggest you invest in some trigger locks. At least that might deter someone trying to fiddle with the firearm.

make sure that it a trust worthy dealer

If it is a pistol,tell him not to deposit the magazine with it,nor any accessories.Also tell him to deposit it with a dealer who will not mess around with it.This is less likely in a police station though.Cases of dealers taking out parts that are then replaced with desi made ones,are not unknown,especially springs.There have been instances of dealers even selling the guns deposited with them.

The Arms Act classifies 3 places to deposit firearms; the police station/ maalkhana, authorised arms/ ammo dealers and a unit armoury. Now the 'unit armoury' maybe any armoury or place of any para military force or the defense services. Has anyone (I mean civilians) deposited any arms with the unit armouries?

I don't think unit armouries are supposed to receive arms owned by civilians.

Arms Act 1959 Section 21(1) says "...or where such person is a member of the armed forces of the Union, in a unit armoury."

Arms Rules 1962 Rule 46(1) says "...or, in case he is a member of the armed forces of the Union, in the unit armoury."

Arms Rules 1962 Rule 47(1) says "Members of the armed forces of the Union may be allowed to keep their arms or ammunition in safe custody in a unit armoury only during the tenure of their service."

My experience is that a few arms dealers treat the period of elections and other declared deposit periods as a monsoon for them.When I had a bad experience my respective police station, I preferred a licensed dealer who was just a better devil . First he said that there is no place left in his permitted quota, to accept my weapons,then after some pleading, he consented and did not accept my arms in the gun / pistol case or holster. Then he charged an exorbitant rate of Rs;300 /- for shotgun and rifle and Rs;500 /- for revolver or pistol ( all this for just 25 days ). He just heaped the arms in a strong room . When I got my arms back, i found out that my foresight protector for my rifle missing .He has not replaced it till date. I suggest all gun owners to remove the bolt. magazine, and also add a trigger lock and make it a safe deposit within a safe deposit . I request our fiends to kindly enlighten every body about the legitimate deposit charges and the obligations of the gun dealers, when we deposit our arms

Buy a hard case from pelican or elsewhere which can be locked with a nice padlock. Take it the Police station and deposit the whole thing with the case. Lock it after the cop inspects it. He will just take the case as it is into the armoury. If you are lucky you get to keep the key.

My experience is that a few arms dealers treat the period of elections and other declared deposit periods as a monsoon for them.

If we read the following http://indiansforguns.com/viewtopic.php ... 45#p130560 it becomes clear that arms of only those released on bail, having history of criminal offenses, those previously involved in rioting etc. are to be deposited. Therefore the question of asking everybody to deposit arms does not arise.

goodboy_mentor wrote: ↑

Fri Apr 08, 2011 8:07 pm

My experience is that a few arms dealers treat the period of elections and other declared deposit periods as a monsoon for them.

If we read the following http://indiansforguns.com/viewtopic.php ... 45#p130560 it becomes clear that arms of only those released on bail, having history of criminal offenses, those previously involved in rioting etc. are to be deposited. Therefore the question of asking everybody to deposit arms does not arise......

... and, is illegal on the part of the authorities.

Why do banks prohibit users from depositing in lockers?