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Consequences of Sword in check in baggage
Posted: Sun Nov 27, 2011 7:58 am
by trammway
Folks,
As some of you may aware, I have relocated to USA, Now that I have access to some of the best in class arms including knives and swords from yester era. I wanted know what will be the consequence if customs finds a sword(new or old) in my check in baggage while returning to India?
If check in baggage is not a good idea how about brining a sword while relocating back to India in the later days along with my household stuffs in a container, as a wall hanging ornament.
Finally is there a provision to send it by courier as gift to someone in India ?
Please help me with appropriate answer to I could start looking for a best of the best.
Re: Consequences of Sword in check in baggage
Posted: Sun Nov 27, 2011 8:10 am
by boris
sword or knife any edged weapon above with a blade above 9" is a weapon isn't allowed ,the only people exempt from it are iaido practitioners who with certification and police permission are allowed to bring only japanese katana's or wakizashi's(short sword).
The closest thing you can get is an Iaito or imitational katana with an edge that cannot be sharpened and is used for sword sparring by iaido and kenjutsu practitioners,but if you buy one get a letter/certificate to show to customs that the blade cannot be sharpened and hence not cut.
Re: Consequences of Sword in check in baggage
Posted: Sun Nov 27, 2011 10:45 am
by trammway
@boris, Thanks for that piece of info. For academic purpose I wanted to know what if some one take that risk of carrying one, assuming that the person unaware of the laws and rules and getting caught at the airport by customs, what will be the consequence?
1. Customs confiscate the knife and let him/her go
2. Customs confiscate the knife and arrest the person
Secondly, If a knife / sword above 9" sent by courier as a gift from USA to someone in India, What will happen if customs found the good in the packing?
Re: Consequences of Sword in check in baggage
Posted: Sun Nov 27, 2011 12:33 pm
by dr.jayakumar
trammway wrote:Folks,
As some of you may aware, I have relocated to USA, Now that I have access to some of the best in class arms including knives and swords from yester era. I wanted know what will be the consequence if customs finds a sword(new or old) in my check in baggage while returning to India?
If check in baggage is not a good idea how about brining a sword while relocating back to India in the later days along with my household stuffs in a container, as a wall hanging ornament.
Finally is there a provision to send it by courier as gift to someone in India ?
Please help me with appropriate answer to I could start looking for a best of the best.
friend,
http://indiansforguns.com/viewtopic.php?f=2&t=14920
have look at this thread,might help you.
regards
Re: Consequences of Sword in check in baggage
Posted: Sun Nov 27, 2011 3:10 pm
by goodboy_mentor
Please help me with appropriate answer to I could start looking for a best of the best.
1) If I remember correct the customs policy for knives, swords etc. is free(means no need of import license). But please double check this with customs or their website.
2) You do not need a license for arms other than firearms unless a notification under Section 4 of Arms Act 1959 is in force in your area. So please check if such notification is in force in your area.
sword or knife any edged weapon above with a blade above 9" is a weapon isn't allowed
Can you please let me know the law and its sections that says a blade above 9" isn't allowed or requires a license?
Re: Consequences of Sword in check in baggage
Posted: Sun Nov 27, 2011 4:06 pm
by boris
goodboy_mentor wrote:Please help me with appropriate answer to I could start looking for a best of the best.
1) If I remember correct the customs policy for knives, swords etc. is free(means no need of import license). But please double check this with customs or their website.
2) You do not need a license for arms other than firearms unless a notification under Section 4 of Arms Act 1959 is in force in your area. So please check if such notification is in force in your area.
sword or knife any edged weapon above with a blade above 9" is a weapon isn't allowed
Can you please let me know the law and its sections that says a blade above 9" isn't allowed or requires a license?
http://www.indiansforguns.com/viewtopic ... 8&start=45
Please check Subal sir's post regarding the same.
Re: Consequences of Sword in check in baggage
Posted: Sun Nov 27, 2011 6:23 pm
by pandian1948
trammway wrote:Folks,
As some of you may aware, I have relocated to USA, Now that I have access to some of the best in class arms including knives and swords from yester era. I wanted know what will be the consequence if customs finds a sword(new or old) in my check in baggage while returning to India?
If check in baggage is not a good idea how about brining a sword while relocating back to India in the later days along with my household stuffs in a container, as a wall hanging ornament.
Finally is there a provision to send it by courier as gift to someone in India ?
Please help me with appropriate answer to I could start looking for a best of the best.
Why not talk to a lawyer / arms dealer in U S A
Pandian Chennai
********EDITED*********
Re: Consequences of Sword in check in baggage
Posted: Mon Nov 28, 2011 5:18 am
by trammway
boris wrote:goodboy_mentor wrote:Please help me with appropriate answer to I could start looking for a best of the best.
1) If I remember correct the customs policy for knives, swords etc. is free(means no need of import license). But please double check this with customs or their website.
2) You do not need a license for arms other than firearms unless a notification under Section 4 of Arms Act 1959 is in force in your area. So please check if such notification is in force in your area.
sword or knife any edged weapon above with a blade above 9" is a weapon isn't allowed
Can you please let me know the law and its sections that says a blade above 9" isn't allowed or requires a license?
http://www.indiansforguns.com/viewtopic ... 8&start=45
Please check Subal sir's post regarding the same.
Actually there is a law that says 9" and 2" width, now the question what will happen if someone accidently brings it in the baggage?
Thanks Doc. This link clears the doubt about the law that says 9" length and 2" width. Only thing I wanted to know what is the penalty / action if someone accidently brings in a sword which is above the specs in the law.
pandian1948 wrote:
Why not talk to a lawyer / arms dealer in U S A
Pandian Chennai ********EDITED*********
Pandian, I don't have problem in taking the sword out form USA hence no question about any issue in USA, my queries are all about Indian Customs at airport.
Re: Consequences of Sword in check in baggage
Posted: Mon Nov 28, 2011 3:40 pm
by goodboy_mentor
Thank you. I did check that. It is Schedule I Category V under Arms Rules 1962 created to implement licensing under Arms Act 1959. The question of license will arise only if there is a notification in force under Section 4 of Arms Act 1959. If no notification under Section 4 of Arms Act 1959 then no need of license under Schedule I Category V. Therefore the blanket assumption that any blades longer than 9" or wider than 2" are illegal seems erroneous.
Re: Consequences of Sword in check in baggage
Posted: Mon Nov 28, 2011 7:40 pm
by trammway
goodboy_mentor wrote:The question of license will arise only if there is a notification in force under Section 4 of Arms Act 1959. If no notification under Section 4 of Arms Act 1959 then no need of license under Schedule I Category V. Therefore the blanket assumption that any blades longer than 9" or wider than 2" are illegal seems erroneous.
Thank you so much.
This is promising, now the only trouble I see finding such notification. If only chennai customs doesn't have such notification it will be a easier case to bring in the swords. All I wanted to know know how to find the notification details ?
Also, my question about the penalty is still open. Guys please help me with that part too. What if there is a notification present and someone brings up a sword/blade which is above the allowed specs.
Re: Consequences of Sword in check in baggage
Posted: Mon Nov 28, 2011 8:11 pm
by goodboy_mentor
You may do an RTI with office of commissioner of police, Chennai to know if notification under section 4 of Arms Act 1959 or any other related prohibitory orders are in force. But before embarking on bringing in swords etc. get the current legal position about policy related to edged weapons from the customs(most probably the policy is free). Export or import of prohibited and restricted goods may lead to arrest, especially if someone tries to play hide and seek with customs. If a notification under Section 4 of Arms Act 1959 is in force in your area, the customs should not be releasing the weapon unless you have license for same. If unknowingly by mistake they release it and if you are caught by police, you may land in jail for violating the law.
Re: Consequences of Sword in check in baggage
Posted: Mon Nov 28, 2011 8:34 pm
by trammway
Once again thanks a ton for clarifying. I will see how I can get this RTI and policy questions executed to Commissioner and customs as I'm out of the country. May be I need to seek assistance from a lawyer in Chennai.
Re: Consequences of Sword in check in baggage
Posted: Wed Nov 30, 2011 9:49 am
by trammway
Will there be an issue if an axe carried in the check in luggage at customs ? I bought a SOG fasthawk (size of a regular hammer used in home and the blade is only 3inches size) in US may want to bring it along with me. Is it considered a restricted item? I didn't see any specific information about axe.
Here is the picture of my axe.
DSC00587.JPG
Re: Consequences of Sword in check in baggage
Posted: Wed Nov 30, 2011 10:10 am
by goodboy_mentor
If you refer this link
http://www.eximguru.com/hs-codes/9307-S ... S-AND.aspx it appears the import policy for edged arms is "free" but subject to the requirements specified in the mentioned MHA Notifications.