Indians For Guns

Dear friends
I just want to know the following:

1. Ministry of Home Affairs had notified the draft policy sometime in 2010. Is that notification still in force or has it lapsed.

2. If the notification has lapsed, will it still be considered as law.

The Parliament of India has not passed the bill yet. The Ministry of Home Affairs, Govt. of Madhya Pradesh has already made it into a law, since 26.03.2011.

The MInistry in M.P. has given a reference that, the policy is given on website of central govt. hence its a law.


Kezar Husen Bandukwala

laws are passed in the parliament, arms policy in illegal as not yet passed by the parliament. however the state have not the balls to tell that to the MHA thus they will enforce it

Hi,

Are you talking about the following notification:

No. V-11016/16/2009-Arms, PDF file attached.

please confirm me about this first, then I shall share some more info with you all.

1. Ministry of Home Affairs had notified the draft policy sometime in 2010. Is that notification still in force or has it lapsed.

Legally speaking it is illegal and unconstitutional from day one. It will stay illegally in "force" so long any High Court or Supreme Court does not strike it down or MHA withdraws it.

Please note the use of word "Policy". Also no reference has been made to any Section of Arms Act under which it has issued the notification, it shows it does not have any force of law but the unconstitutional and illegal design has been masked under guise of "Policy" in one circular then as an after thought with an "order" in another circular(same material) for which Parliament has not delegated any powers to MHA. Arms are a fundamental right under Articles 19 and 21 of Constitution. Goverment cannot create a policy/order that goes against the fundamental rights, any law in force or principles of natural justice. This is exactly what this "policy" wants to do i.e. undermine the fundamental rights and the law(Arms Act 1959 and Arms Rules 1962).

The Parliament of India has not passed the bill yet.

The Arms Amendment Bill and the Policy/order are officially two seperate entities. The Arms Amendment Bill is a clever attempt to give a kind of legal cover to the illegal and unconstitutional Policy/order. Even if Parliament passes the Arms Amendment Bill it will not make it Constitutional. Rather even the present Arms Act 1959 and Arms Rules 1962 are unconstitutional in many ways.

The Ministry of Home Affairs, Govt. of Madhya Pradesh has already made it into a law, since 26.03.2011.

Any State government is not legally competent to pass or create laws to regulate arms, firearms, ammunition or explosives. This is Central subject under Union List under Article 246(5) of Constitution. If any State government wants to regulate any kind of arms, it has to request the Central Government to issue Notification under relevant Sections of Arms Act 1959.

The MInistry in M.P. has given a reference that, the policy is given on website of central govt. hence its a law.

If Central Government puts some Policy/order on its website bypassing the due process of law, it does not mean that it is legal.

Are you talking about the following notification:

Yes. Two versions of this are floating around. First MHA had floated this material under the name of "Policy" then it floated another one with almost same contents under the name of "order"(the one you have uploaded).

Dear Sir,

Kindly go through the following article published on Saturday, August 28, 2010 in India Today. I am putting the link of the same:

http://m.indiatoday.in/itwapsite/story? ... &secid=134

Then would like to request to use the following link of Times of India website:

http://epaper.timesofindia.com/Default/ ... 2880018048

Just use this link and then opt for the following:

1. TOI Delhi

2. Year 2010, Month December

3. Date 15th of December.

These two articles are going to give more understanding to all the members of IFOs who might have missed out this and are wondering about the Home Ministry Orders.
I have a first hand information about this order and have personally suffered a lot due to this ORDER, my license got delayed due to this only.
I should thank to God and then to that persona who actually helped me to get the most valuable document in my life.
If the other members are interested in my experience, I am ready to share it with you all.
But before that I need a permission from the forum first. (Code of Conducts, you know!!)

These two articles are going to give more understanding to all the members of IFOs who might have missed out this and are wondering about the Home Ministry Orders.

Well the Home Ministry order is plain illegal and unconstitutional, it can be read directly. The first article is trying to explain about this order in layman's language, but the second article on page 20 seems to be biased, just giving a spin to this order and trying to make an impression as if it will be easier for people to get arms licenses.

I have a first hand information about this order and have personally suffered a lot due to this ORDER, my license got delayed due to this only.

As I said earlier that it will stay illegally in "force" so long any High Court or Supreme Court does not strike it down or MHA withdraws it. It is not surprising that everyone is bound to suffer and things are going to become far more worst than they are today, until something is done. This is why I always request everyone to bring in maximum people to join NAGRI without delay.

If the other members are interested in my experience, I am ready to share it with you all.

You can PM me the details.I do not expect anything surprising, due to this order and rampart corruption, I expect the expected only.

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If the other members are interested in my experience, I am ready to share it with you all.
But before that I need a permission from the forum first. (Code of Conducts, you know!!)[/quote]

hi pranab7,
please do share your experience..it helps..

syed..