How to go about gun license

[godspeed4476]

Hey guys,
I am new to the forums and have read quite insightful posts regarding to the gun license issue.
My father has a llama pistol (Mumbai license) and a Kanpur OF .32 calibre revolver(All India Permit). i have been using the Indian air rifles myself for casual plinking in my native place as well as within the confines of my building terrace. However, i wish to apply for a gun license now. I have following queries,
1. Can i apply for transfer of my fathers Mumbai license, my father is close to 58 and i am 26. If yes, then will this method have better chance of success as compared to a fresh application? will my fathers existing license be jeopardized in any way even in case of rejection noob q but just want to be safe )
2. Going by the latest reports, application for a fresh license for safety purpose would be rejected in all likelihood (i dont have any safety threat either, lol) so what chance do you think would appealing against the order in court have?
4. Also, after obtaining a membership in rifle association ( i saw one called Lakshya over here), can i apply for a .22 pistol/revolver license? what chance would it have of success?

Your inputs are appreciated.

[goodboy_mentor]

1. If you want you may apply under family heirloom category. Difficult to speculate on chances of success. Existing license of father will not be jeopardized if application is done intelligently, like not mentioning some self defeating reason as the reason for new license, like saying father suffering from some incurable disease because of which he cannot move his hands or legs forever.
2. Getting license is not matter of "threat" or "no threat" it is matter of citizen's right. Appealing against the order has very good chances of success but it may cost money by the way of advocate fees and the usual delay of the court procedures which may last for couple of years. May read these court judgments http://indiansforguns.com/viewtopic.php?f=4&t=15638
3. Obtaining a membership in rifle association is no guarantee of license in itself. Sometimes may help because you are able to furnish documentary proof of membership of rifle club for purpose of obtaining license for target practice etc.

[godspeed4476]

Thanks for the input, i guess it would be better to not jeopardize my fathers license. Time is not problem for me, i dont mind waiting for 2-3 years, but yeah i would have to look into the costs aspect. Do you think it would involve a routine run around of courthouse?

[goodboy_mentor]

The cost aspect depends on the type of advocate you hire. He would be filling writ of mandamus on your behalf. Your advocate can represent you in the court and run around in the court for you. I don't think your physical presence is very crucial on every date. If you want you can also represent your case without lawyer as "party in person" but for this you need to be well aware with the points of law concerning your case and court procedures.

[godspeed4476]

Thanks a lot for the information mate. Just a final query, i think the family lawyer (dealing in negotiable instruments) would not be of much help in this case, do u have any suggestions for lawyers who specialse in this? I will go ahead and apply for the license by next month itself

[hhchoudhary]

Hi sorry to interfere I am also living in the Mumbai and I have a rifle license from Mumbai and now I had applied for the revolver / pistol hear in Mumbai it is very rear to get a license from the police department and 99% file get rejected by Mumbai police by saying that (aam cha hisabane yannah sastra parvangi chi garaj nahi ahai sastra ne ha vyakti aple swatane kiva dushriya chi jiva la dhoka ahai ) it means that from ther point of vive a permission to grant a arms license is not safe for himself and another people so my dear friend please pray for me to get my numbers in the list of the 1 % and I get it easily if get rejected I have to apply in the mantralay at the home ministry and there they will suck the blood in the name of doing all the paper works and wate to get a letter for the hearing date in front of the home minister if there also your file get rejected then you can apply at high court I think it will take 2 to 3 years to get all this done. or make a big hole in your pocket to get it done soon

[goodboy_mentor]

@godspeed44476 If you already have a family lawyer serving you, it is better to approach him rather than approaching some stranger. There is no reason why a lawyer dealing in Negotiable Instruments Act will not be able to deal in matters of writ. If for some reason he is not familiar with matters of writ related to Arms Act 1959, he can at least refer you to some other lawyer.

@hhchoudhary unfortunately at the moment there is not any quick fix solution to this problem until any High Court or Supreme Court declares that the requirement by Section 3 of Arms Act 1959 of getting license before purchasing a firearm is a violation of Article 20(3) of the Constitution since arms are a fundamental right. Similar case was decided by US Supreme Court and can be read here http://caselaw.lp.findlaw.com/cgi-bin/g ... 0&invol=85