Pistol License : Urgent

[karan698]

Hi my name is Karan Bindra and I am an Advocate practicing in Delhi High Court and Supreme Court of India.
Well I have a hobby of shooting and I have also learned shooting few years back from Ace Gagan Narang at Sri fort. Now I am confused about one thing that as I wanted to apply for the Arms License and I know the all procedures and law which governs our Arms and Ammunition Act but the thing is in the Application it asks for the certificate to prove that you know shooting so how can i produce that i mean i am not in contact with gagan narang also so is there any association from where I can get the certificate issued and also it ask for the Income Tax return so is it possible that I can give my Mothers ITR insisted of mine bcoz being honest I do not have any ITR as per now and also what is the best reason to state for the needs of the Pistol. I will be obliged if you guy can tell me the good reason and also the above mentioned Query. As far as about the License I guess they should issue to Lawyers without any problem coz we wont use for any wrong deeds for sure.
If you need any help regarding the legal issues then you are most welcome I might be able to help you out with all the legal issues and also I am filling an PIL regarding the Authority very soon so that there should be transparency.

[rajveer]

Seniors pls pardon me,
Karan..... calm down,
It seems u want Pistol Urgent than the License.
Why dont u apply reading all the posts with Arms Act and let us know.
Sorry to say even I am a Law student your insight will help me ( and some of us ) alot.
Regards.

[jayanta mukherjee]

Hello Karan,
Well let me first welcome you abroad. It is nice to know that apart from being a a shooting enthusiast you are also an advocate. But let me be very specific that you have to suffice your own income tax documents while you are applying for your arms licence and as an additional proof of your family's financial status your can suffice your mother's IT returns. It is a misnomer because there are a catena of judgements whereby the Hon'ble courts have time and again held that mere financial status does not make a person qualified or disqualified regarding his eligibility for applying for a arms licence, but it seems to find very few takers in our establishments which issues the licence in the first place. And regarding your query about the certificate about your knowing about handling of arms, in my personal opinion it would be better that you take membership of a Rifle Club or a Shooting Range and adduce the papers of the same when applying for the licence. It is my personal take and members of this Forum from your state would be able to guide you better. But another advice which I would like to give you is that please try avoiding "personal Protection" as a ground for seeking the licence and it is always better to state instead that you require it for sporting purposes, and as special grounds of consideration do mention that you plead before the Hon'ble Supreme Court and adduce your SCBA membership number.
All the best in your endeavours
Cheers
JAyanta

[goodboy_mentor]

Welcome to IFG and good to find many advocates among us in this forum . Please understand the fact that there exists no such word as "urgent" in the dictionary of the arms licensing authorities. If there is urgent requirement of weapon, until the license is issued, one may have to do with weapon that is not a firearm under Arms Act 1959 and for which there is no notification under Section 4 of Arms Act 1959. Or may have to do with "any weapon of an obsolete pattern" under Section 45(c) of Arms Act 1959. You may read about it at http://indiansforguns.com/viewtopic.php?f=4&t=15556

Now I am confused about one thing that as I wanted to apply for the Arms License and I know the all procedures and law which governs our Arms and Ammunition Act but the thing is in the Application it asks for the certificate to prove that you know shooting so how can i produce that i mean i am not in contact with gagan narang also so is there any association from where I can get the certificate issued

I don't think anywhere on arms license application on Form A Schedule - III, it is required to prove that you know shooting. Yes I understand that if you apply for "sport", then the babus do ask for documents to prove that you are member of central government recognised rifle shooting club.

Since you are advocate, I am assuming you are already aware that Arms Act 1959 is a regulatory law to regulate the fundamental right of right to keep and bear arms guaranteed under Articles 19 and 21. And getting an arms license is not a matter of "need" or "no need" or "threat" or "no threat" but a matter of your right. If for any reason you are not aware then you may read the following:

a) http://indiansforguns.com/viewtopic.php ... 64#p147708

b) http://indiansforguns.com/viewtopic.php ... 30#p146250

c) http://indiansforguns.com/viewtopic.php?f=4&t=13504

d) http://indiansforguns.com/viewtopic.php?f=3&t=14497

e) http://indiansforguns.com/viewtopic.php ... 15#p103621

Now I would like to ask you what is your real motive to get an arms license? Is it for self protection or sport? If it is for self protection then apply for self protection. Give time for around 45 days, chase your application by doing an RTI to know the status of your file(you may read the following thread and add/modify additional questions if needed, to suit your purpose http://indiansforguns.com/viewtopic.php?f=4&t=10826) Let them reject your application for self protection. The sooner they reject sooner you can approach the High Court, get a writ issued and you get your license.

If you want to get arms license for sport, then I think your path may be a bit difficult and twisted, unless you are member of some central government recognized rifle shooting club. You may read the following experience http://indiansforguns.com/viewtopic.php?f=4&t=14520 Probably you may also contact the advocate who helped Safarigent, to get more legal insights into his opinion.

also it ask for the Income Tax return so is it possible that I can give my Mothers ITR insisted of mine bcoz being honest I do not have any ITR as per now

The office of licensing authority has absolutely no legal business to ask for the ITR of any arms license applicant. IT returns is a sensitive transaction between Income Tax department and the income tax payee. You may read my detailed views regarding ITR at http://indiansforguns.com/viewtopic.php ... 15#p143343

also what is the best reason to state for the needs of the Pistol.

In light of the fact that arms are a fundamental right under Articles 19 and 21, this question about "need" in arms license application is superfluous and has no legal meaning. This question about "need" may have some legal meaning only if the applicant is from criminal antecedents. The executive is merely issuing you the copy of arms license that already has been issued to you by the Constitution for "all lawful purposes". In my opinion, for the purpose of writing in the application form it is "self protection". But if you want to go by other opinions, then write "sport" and back your claim with membership document of some central government recognized rifle shooting club.

I will be obliged if you guy can tell me the good reason

What better "good reason" can it be when the Constitution is guaranteeing to you in Articles 19 and 21 that arms are your fundamental right?

also I am filling an PIL regarding the Authority very soon so that there should be transparency.

What do you legally mean by transparency? It is already there on papers. Everything is transparent and available to you via RTI Act 2005. The PIL is not maintainable and dismissed. If you want to do PIL then do it under some good cause of action that will produce some results. There is a saying in Hindi "Seedhi ungli se ghee nahin nikalta". Therefore do a PIL etc. in a different manner. It will involve lot of preparation, analysis and hard work. There are plenty of good grounds to go about it. If you are serious and determined about doing PIL or want meaningful changes in the interpretations of the meaning of provisions of Arms Act 1959, feel free to PM me we can discuss the ideas.

[dr.jayakumar]

hello friend,
i know lot of people in my town with no knowledge and haven't shot a catridge and still own a licenced gun.
if you don;t have a gun how can you learn?
being a lawyer it should be easy for you to analsye goodboy'S post and go ahead with your paper work.
regards