Licence renewal rejected

[SYED833]

hi all,
My station SI has given no objection for renewal.My request for renewal of licence has been rejected by dsp police.In his recommendations on the police enquiry report he has mentioned that due to elections in the district the renewal of licence be rejected.This report now goes to the SP of police,who usually follows what the dsp has written.
I have a new weapon under booking with HVF chennai,the call letter for which i received yesterday after 2 years of waiting.
What can i do now.?I will loose my weapon if i dont get the licence.
Is the dsp legally correct in refusing renewal.?
Please give your opinions as to how to handle this problem.
thanks.
syed.

[Anand]

The election commission may have directed all LA's not to issue new licenses during elections, but generally unless there are cases pending against the licensee, renewals take place normally. At the worst, the license may not be renewed until after the elections are over and the "model code of conduct" has been lifted.

So what you are saying is a surprise, please make sure you meet the SP and explain the situation to him. AFAIK,the LA cannot refuse to renew the license just because elections are going on. What ever the recommendations of the DSP may be, the SP will have powers to over ride them, and they are not binding on the SP.
Regards,
Anand

[SYED833]

thank you anand,
I have no cases against me,my SI has given no objection,and the elections are not even in my town.They are taking place elsewhere in my district,but not in my town.The issue with waiting is i will loose my weapon if i dont report to the factory on time and that is just one month away.
Will a rti help here?
regards
syed.

[veeveeaar]

Mr Syed, Elections or no elections, renewal of an arms licence can be denied only if you have any cases pending against you . Even if so and if there is a grave danger to your life as a result of that case, It is your basic right to have a licenced firearm . ( In some cases surrendered criminals have been provided with licences for their fear of reprisal by old rivals.) Please do not take this official remark issue to the SP personally, because if he asks you how you came to know about the SI or DSP 's official remarks , it will not be in your favor and time. Instead, send a registered letter addressed to the SP and DM concurrently along with your call letter and all HVF documents and make a personal representation to both and get your work done.

[SYED833]

thanks veeveeaar,
Can a rti help in such a situation.Cant i ask under which section has he rejected my application.I found out from a few cop contacts that moral code of conduct is not active in my town.
Any help with the questions please.
thanks.
syed.

[veeveeaar]

syed dont go by hearsay from cop friends , send the petition tomorrow morning itself by RPAD , This will help you to register you grievance by date and time and also provide you legal clout if need be and you can also get some time from HVF .

[goodboy_mentor]

Do as veeveeaar has said, document every communication in a legal manner. You can also do RTI no harm in asking the Section he has applied and reason behind it. Read Section 15 of Arms Act and Rule 54 of Arms Rules 1962 very carefully. He cannot refuse renewal unless he has valid reason under the Arms Act 1959. If he has valid reason under Arms Act 1959 for not to renew license, then he has to follow Section 17 of Arms Act 1959 and you can appeal as per Rule 55 of Arms Rule 1962.

[winnie_the_pooh]

Syed,

Normally,the license renewal application is accepted but the license is renewed after the elections.

[SYED833]

thanks all for valuable inputs,
@WTP , i had applied for renewal before the notification of polls,and as my rotten luck would have it,my application came to this cops office after he notification of polls.But i fail to understand, when my town or constituency is not under polls,why he is rejecting it,.
@GBM, thanks for the input.Am going to speak with him tomorrow.
Will hope for the best.
thanks,
regards.
syed.

[sudhaiob]

A renewal is not automatic, even though it appears so. Every renewal is in fact a fresh application, however the licencing authority is supposed to take the same view as was applied at the time of granting of the licence. The relevant portion is given below. In effect it means that if the police had recommended it earlier, the same yardstick is to be applied now and the DSP cannot refuse to recommend your renewal arbitrarily.
13. Grant of licences.- (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

1*[(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this
Chapter, by order in writing either grant the licence or refuse to grant the same:

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.]

(3) The licensing authority shall grant--

(a) a licence under section 3 where the licence is required-
-

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection:

Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or

(ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle
---------------------------------------------------------------------
1. Subs. by Act 25 of 1983, s. 6, for sub-section (2) (w.e.f.
22-6-1983).

41.club or rifle association licensed or recognised by the Central Government;

(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.


14.Refusal of licences.


14. Refusal of licences.-(1) Notwithstanding anything in section
13, the licensing authority shall refuse to grant--

(a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;

(b) a licence in any other case under Chapter II,--

(i) where such licence is required by a person whom the licensing authority has reason to believe--

(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or

(2) to be of unsound mind, or

(3) to be for any reason unfit for a licence under this Act;
or

(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.

(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.

(3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.


15.Duration and renewal of licence.


15. Duration and renewal of licence.-(1) A licence under section
3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted:

Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the

42.licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period.

(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine.

(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.
Regs
Sudhaiob