need clarification ASAP

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
tejareddy183
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need clarification ASAP

Post by tejareddy183 » Sat Aug 10, 2013 12:09 pm

hello everyone ,
recently i bought blanca air pistol (indian made) in an authorised shop - TARGET POINT , NAMPALLY , HYDERABAD. it is .177 caliber and shoots pellets and BBs. yesterday (09-08-2013) me and my friends went to our field and were shooting at coconut and almond trees . some uneducated idiot saw it and reported to police. THE POLICE - ONE S.I and 6 constables stopped our car while coming back to home and took us to the police station.

i had clearly mentioned them that i bought in an authorized shop and the air gun doesnt require any license according to deal wood test . i asked the SI why did u bring us here we are graduates - 2 of us are doctors and 2 are software engineers . he got angry as i spoke to him about rules. he locked us up for 2 hrs and didnt give us a chance make a call to our parents. however our parents came and talked to DSP regarding this. DSP made a call to the S.I and asked him to release us. he was reluctant and said that he wouldnt release us and will file a case under section - 109 or 108 ( i dnt knw wat section it is ) . after pressure from our parents ,press people, DSP and CI he released us telling us that be careful i can do what ever i want - even i can file case stating that u are trainee naxals .

i am feeling very ashamed and very helpless after all this . is there any crime in carrying a .177 caliber blanca airpistol ? i used it only at my home to shoot coke tins and at our own field to shoot almonds . i didnt even aim at any bird or animal.
i wrote whole of this story as i dnt knw whom to tell and what to do.
Last edited by tejareddy183 on Sun Aug 11, 2013 12:06 pm, edited 1 time in total.

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Re: need clarification ASAP

Post by StampMaster » Sat Aug 10, 2013 12:53 pm

Hi Teja welcome to IFG,

Its is not illegal to carry air gun on outdoor (concealed) etc. However display of it is. Importantly using firearms when intoxicated with alcohol, drugs is more dangerous to yourself and other.

We live in India and its not democracy but bureaucracy is what matters. And a police man can surely do a lot of damage unless you deal with them carefully.

And I feel you were/are high with intoxication :cheers: while driving/ writing this post, as your already celebrated the Independence Day, and the whole nation is still preparing for the celebration to come in 5days.
Last edited by StampMaster on Sat Aug 10, 2013 3:14 pm, edited 1 time in total.
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Re: need clarification ASAP

Post by BowMan » Sat Aug 10, 2013 1:39 pm

Do you have any proof that you were held under detention in police lockup? This may be essential if you are thinking of lodging a formal complaint.

Section 109 of CRPS pertains to thus;
Security for good behaviour from suspected persons. When[ an Executive Magistrate] 1[ receives information that there is within his local jurisdiction a person taking precaution to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such. period, not exceeding one year, as the Magistrate thinks fit.

Do you have any reason to be liable under this section?

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Re: need clarification ASAP

Post by Kumarnishith » Sat Aug 10, 2013 4:54 pm

tejareddy183 wrote:hello everyone ,
recently i bought blanca air pistol (indian made) in an authorised shop - TARGET POINT , NAMPALLY , HYDERABAD. it is .177 caliber and shoots pellets and BBs. yesterday (09-09-2013) me and my friends went to our field and were shooting at coconut and almond trees . some uneducated idiot saw it and reported to police. THE POLICE - ONE S.I and 6 constables stopped our car while coming back to home and took us to the police station.

i had clearly mentioned them that i bought in an authorized shop and the air gun doesnt require any license according to deal wood test . i asked the SI why did u bring us here we are graduates - 2 of us are doctors and 2 are software engineers . he got angry as i spoke to him about rules. he locked us up for 2 hrs and didnt give us a chance make a call to our parents. however our parents came and talked to DSP regarding this. DSP made a call to the S.I and asked him to release us. he was reluctant and said that he wouldnt release us and will file a case under section - 109 or 108 ( i dnt knw wat section it is ) . after pressure from our parents ,press people, DSP and CI he released us telling us that be careful i can do what ever i want - even i can file case stating that u are trainee naxals .

i am feeling very ashamed and very helpless after all this . is there any crime in carrying a .177 caliber blanca airpistol ? i used it only at my home to shoot coke tins and at our own field to shoot almonds . i didnt even aim at any bird or animal.
i wrote whole of this story as i dnt knw whom to tell and what to do.


That's really an unfortunate incident.. :shock: ...Nope, practicing with your .177 cal Air Pistol in your home/farm etc is not at all illegal if you are following all the proper safety measures...proper back stop, not hurting/killing birds, animals etc...But yes exhibitionism is wrong and threatening someone with your Air Pistol is downright illegal..It's rather unfortunate but a vast majority of Indians cannot differentiate between a firearm and an Air gun...For most of them it's a GUN and it's DANGEROUS and is BAD :? Same goes with Police, Custom officials etc.. The main reason behind it is lack of knowledge and mindset..It's changing but it will take time..My sympathy goes with you..I know it must have been pretty hard time for you guys!! :(

But, without offending you may I ask...Is this the complete story? :roll: I, often take my air guns to my farmhouse for plinking & sometime for pest control..99% of the time people don't care..there are occasional onlookers I agree but as soon as I invite them and show them the pellet or ask them to try it out...all their doubts vanishes into thin air...in an instant they relate it too pretty harmless "Balloon phodne wali bandook"! And sometime they even invite me on their piece of land to clear off the pests and all :D However, show off/exhibitionism is bound to invite trouble!!!

-Nihith

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Re: need clarification ASAP

Post by tejareddy183 » Sat Aug 10, 2013 5:08 pm

StampMaster wrote:Hi Teja welcome to IFG,

Its is not illegal to carry air gun on outdoor (concealed) etc. However display of it is. Importantly using firearms when intoxicated with alcohol, drugs is more dangerous to yourself and other.

We live in India and its not democracy but bureaucracy is what matters. And a police man can surely do a lot of damage unless you deal with them carefully.

And I feel you were/are high with intoxication :cheers: while driving/ writing this post, as your already celebrated the Independence Day, and the whole nation is still preparing for the celebration to come in 5days.
no sir , i dont smoke or drink.

tejareddy183
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Re: need clarification ASAP

Post by tejareddy183 » Sat Aug 10, 2013 5:15 pm

BowMan wrote:Do you have any proof that you were held under detention in police lockup? This may be essential if you are thinking of lodging a formal complaint.

Section 109 of CRPS pertains to thus;
Security for good behaviour from suspected persons. When[ an Executive Magistrate] 1[ receives information that there is within his local jurisdiction a person taking precaution to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such. period, not exceeding one year, as the Magistrate thinks fit.

Do you have any reason to be liable under this section?
i dont have any reason to conceal my presence . i worked as a duty doctor till last month and now i resigned to the job to prepare for PG exams . we dont have any proof sir - we were held in the lockup for 1 nd 1/2 hr . our parents and other relatives saw us at that time . yeah , i thought of filing a complaint but everyone said that its of no use , instead the police will torture you further .

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Re: need clarification ASAP

Post by tejareddy183 » Sat Aug 10, 2013 5:27 pm

Kumarnishith wrote:
tejareddy183 wrote:hello everyone ,
recently i bought blanca air pistol (indian made) in an authorised shop - TARGET POINT , NAMPALLY , HYDERABAD. it is .177 caliber and shoots pellets and BBs. yesterday (09-09-2013) me and my friends went to our field and were shooting at coconut and almond trees . some uneducated idiot saw it and reported to police. THE POLICE - ONE S.I and 6 constables stopped our car while coming back to home and took us to the police station.

i had clearly mentioned them that i bought in an authorized shop and the air gun doesnt require any license according to deal wood test . i asked the SI why did u bring us here we are graduates - 2 of us are doctors and 2 are software engineers . he got angry as i spoke to him about rules. he locked us up for 2 hrs and didnt give us a chance make a call to our parents. however our parents came and talked to DSP regarding this. DSP made a call to the S.I and asked him to release us. he was reluctant and said that he wouldnt release us and will file a case under section - 109 or 108 ( i dnt knw wat section it is ) . after pressure from our parents ,press people, DSP and CI he released us telling us that be careful i can do what ever i want - even i can file case stating that u are trainee naxals .

i am feeling very ashamed and very helpless after all this . is there any crime in carrying a .177 caliber blanca airpistol ? i used it only at my home to shoot coke tins and at our own field to shoot almonds . i didnt even aim at any bird or animal.
i wrote whole of this story as i dnt knw whom to tell and what to do.


That's really an unfortunate incident.. :shock: ...Nope, practicing with your .177 cal Air Pistol in your home/farm etc is not at all illegal if you are following all the proper safety measures...proper back stop, not hurting/killing birds, animals etc...But yes exhibitionism is wrong and threatening someone with your Air Pistol is downright illegal..It's rather unfortunate but a vast majority of Indians cannot differentiate between a firearm and an Air gun...For most of them it's a GUN and it's DANGEROUS and is BAD :? Same goes with Police, Custom officials etc.. The main reason behind it is lack of knowledge and mindset..It's changing but it will take time..My sympathy goes with you..I know it must have been pretty hard time for you guys!! :(

But, without offending you may I ask...Is this the complete story? :roll: I, often take my air guns to my farmhouse for plinking & sometime for pest control..99% of the time people don't care..there are occasional onlookers I agree but as soon as I invite them and show them the pellet or ask them to try it out...all their doubts vanishes into thin air...in an instant they relate it too pretty harmless "Balloon phodne wali bandook"! And sometime they even invite me on their piece of land to clear off the pests and all :D However, show off/exhibitionism is bound to invite trouble!!!

-Nihith
yeah its the whole story and we didnt exhibit it or use it to threaten anyone. what we did was aim at almonds and thrown away cans at our farm. while coming back my friend was holding it in his hand and he sat near the window - we are thinking that some one saw through the window while we were coming back. and the only thing i didnt mention is that - this friend of mine had some arguement with the police in the past regarding bull horn for his bike .

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Re: need clarification ASAP

Post by tejareddy183 » Sat Aug 10, 2013 5:44 pm

Kumarnishith wrote:
tejareddy183 wrote:hello everyone ,
recently i bought blanca air pistol (indian made) in an authorised shop - TARGET POINT , NAMPALLY , HYDERABAD. it is .177 caliber and shoots pellets and BBs. yesterday (09-09-2013) me and my friends went to our field and were shooting at coconut and almond trees . some uneducated idiot saw it and reported to police. THE POLICE - ONE S.I and 6 constables stopped our car while coming back to home and took us to the police station.

i had clearly mentioned them that i bought in an authorized shop and the air gun doesnt require any license according to deal wood test . i asked the SI why did u bring us here we are graduates - 2 of us are doctors and 2 are software engineers . he got angry as i spoke to him about rules. he locked us up for 2 hrs and didnt give us a chance make a call to our parents. however our parents came and talked to DSP regarding this. DSP made a call to the S.I and asked him to release us. he was reluctant and said that he wouldnt release us and will file a case under section - 109 or 108 ( i dnt knw wat section it is ) . after pressure from our parents ,press people, DSP and CI he released us telling us that be careful i can do what ever i want - even i can file case stating that u are trainee naxals .

i am feeling very ashamed and very helpless after all this . is there any crime in carrying a .177 caliber blanca airpistol ? i used it only at my home to shoot coke tins and at our own field to shoot almonds . i didnt even aim at any bird or animal.
i wrote whole of this story as i dnt knw whom to tell and what to do.


That's really an unfortunate incident.. :shock: ...Nope, practicing with your .177 cal Air Pistol in your home/farm etc is not at all illegal if you are following all the proper safety measures...proper back stop, not hurting/killing birds, animals etc...But yes exhibitionism is wrong and threatening someone with your Air Pistol is downright illegal..It's rather unfortunate but a vast majority of Indians cannot differentiate between a firearm and an Air gun...For most of them it's a GUN and it's DANGEROUS and is BAD :? Same goes with Police, Custom officials etc.. The main reason behind it is lack of knowledge and mindset..It's changing but it will take time..My sympathy goes with you..I know it must have been pretty hard time for you guys!! :(

But, without offending you may I ask...Is this the complete story? :roll: I, often take my air guns to my farmhouse for plinking & sometime for pest control..99% of the time people don't care..there are occasional onlookers I agree but as soon as I invite them and show them the pellet or ask them to try it out...all their doubts vanishes into thin air...in an instant they relate it too pretty harmless "Balloon phodne wali bandook"! And sometime they even invite me on their piece of land to clear off the pests and all :D However, show off/exhibitionism is bound to invite trouble!!!

-Nihith
yeah its the complete story . we didnt exhibit it or threaten anyone . we were not drunk . one of my friends had an arguement with these police people in the past regarding bull horn for his bike and this same guy was sitting in the back seat with airgun in his hand while coming back to home. i spoke to the SI in a firm tone stating that it is a airgun and doesnt require any license -i said that he can conduct deal wood test if he had any doubts. he kept on asking why the hell do u need a gun for ? i said that i learnt tennis , skating , cricket and other games and i want to learn target shooting as it is fun . he said that you should practice in indoor stadiums - i asked him to show an indoor stadium in my small town and from now on i will practice there itself - at this point he got very angry ( maybe humiliated ).

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Re: need clarification ASAP

Post by StampMaster » Sat Aug 10, 2013 5:56 pm

recently i bought blanca air pistol (indian made) in an authorised shop - TARGET POINT , NAMPALLY , HYDERABAD. it is .177 caliber and shoots pellets and BBs. yesterday (09-09-2013) me and my friends went to our field and were shooting at coconut and almond trees . some uneducated idiot saw it and reported to police. THE POLICE - ONE S.I and 6 constables stopped our car while coming back to home and took us to the police station.
Coz booze/drugs might take all this to a very different level. There has been a serious crack down on drunk drivers for last few months. Most government employees are allergic, just a word here are there would hurt their ego. Well, make sure you follow all the safety instructions and laws.

Also PM me the area where about's in hyderabad.
”Criminals love gun control; it makes their jobs safer.”

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Re: need clarification ASAP

Post by Kumarnishith » Sat Aug 10, 2013 7:10 pm

yeah its the complete story . we didnt exhibit it or threaten anyone . we were not drunk . one of my friends had an arguement with these police people in the past regarding bull horn for his bike and this same guy was sitting in the back seat with airgun in his hand while coming back to home. i spoke to the SI in a firm tone stating that it is a airgun and doesnt require any license -i said that he can conduct deal wood test if he had any doubts. he kept on asking why the hell do u need a gun for ? i said that i learnt tennis , skating , cricket and other games and i want to learn target shooting as it is fun . he said that you should practice in indoor stadiums - i asked him to show an indoor stadium in my small town and from now on i will practice there itself - at this point he got very angry ( maybe humiliated ).

Well...well..Now the picture becomes a bit clear :D

You guys plan to hangout at your farm to do a bit of target practice :) -----> someone feels threatened & report you guys to the police :( ------> Friend with prior history of tussle with police sitting with air pistol in hand :shock: ---------> You start to argue with the SI to the point that he gets angry/humiliated :roll: -------> SI gets pissed off & put you guys behind the bar :cry:

I am not at all implying that whatever the SI did to you guys...arrest and all was right..

But, Many a times in life it is best to be soft spoken and avoid confrontation!!

Rest I guess if you want to fight it out with the SI on legal grounds against your arrest...than I am sure legal experts like GBM etc will give you sound advise on how you can frame a case or proceed from here...

-Nishith

P.S. Can you confirm if the SI had received a written complaint against you guys?

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Re: need clarification ASAP

Post by goodboy_mentor » Sat Aug 10, 2013 9:19 pm

Please do not consider me some legal "expert". Probably his parents did the best thing to diffuse the high handed behavior of police by raising hue and cry at appropriate quarters. It is well known what police does in India. If the Police desires, it has enough means to create misery regardless one being innocent or guilty under law.
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Re: need clarification ASAP

Post by Kumarnishith » Sat Aug 10, 2013 9:24 pm

goodboy_mentor wrote:Please do not consider me some legal "expert". Probably his parents did the best thing to diffuse the high handed behavior of police by raising hue and cry at appropriate quarters. It is well known what police does in India. If the Police desires, it has enough means to create misery regardless one being innocent or guilty under law.

Sad but very true :(

-Nishith

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Re: need clarification ASAP

Post by tejareddy183 » Sat Aug 10, 2013 10:11 pm

StampMaster wrote:
recently i bought blanca air pistol (indian made) in an authorised shop - TARGET POINT , NAMPALLY , HYDERABAD. it is .177 caliber and shoots pellets and BBs. yesterday (09-09-2013) me and my friends went to our field and were shooting at coconut and almond trees . some uneducated idiot saw it and reported to police. THE POLICE - ONE S.I and 6 constables stopped our car while coming back to home and took us to the police station.
Coz booze/drugs might take all this to a very different level. There has been a serious crack down on drunk drivers for last few months. Most government employees are allergic, just a word here are there would hurt their ego. Well, make sure you follow all the safety instructions and laws.

Also PM me the area where about's in hyderabad.

sorry , i dont have facility to PM you as i am new member .

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Re: need clarification ASAP

Post by tejareddy183 » Sat Aug 10, 2013 10:14 pm

Kumarnishith wrote:
P.S. Can you confirm if the SI had received a written complaint against you guys?
he didnt receive any written complaint - just someone made a call and informed them.

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Re: need clarification ASAP

Post by hamiclar01 » Sun Aug 11, 2013 7:55 am

Kumarnishith wrote: You start to argue with the SI to the point that he gets angry/humiliated :roll: -------> SI gets pissed off & put you guys behind the bar
I couldn't agree more. Your biggest crime was bruising the policeman's ego. You answered back, ('firmly'), he gets angry, then he realises he hasn't a leg to stand on as far as legal procedures go....so he decides to 'teach you a lesson'. This is probably why he disregarded his superiors and was reluctant in releasing you.

I don't think this will drag on further. But please consider this a learning exercise. It is pointless to argue sternly with policemen, custom officials, inspection clerks and the myriad of babus this world employs. A level head, a smile,and a pretence at being eager to massage his ego will go a long way. Avoid confrontations. As you have already realised, when rubbed the wrong way, the police can make your life a misery.
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