Need some advice from our esteemed members on Application of License for sporting .22

[leetmonkey]

Hello Experts,

I am planning to apply for an Arms License in Sporting Category. I do have a Membership with a Shooting Club & all the necessary documentation required for the same.

But, the main issue I am facing now is. Before I could apply for my license, I got wrongly framed in a Property related dispute & a legal case has been done in my name, which is currently being heard in the court of law. We all know, how slow the judicial system of India is, it will be at least 6 months to an year, before I am freed of all false charges. Which is going to take a toll of my shooting as, we all know it's really hard to practice/ compete without owned weapon / ammo.

So, what I want to know is if I apply now ( with the case in court) will I be given an Arms License for Sports purpose? Or I do have to wait for everything to be over before applying for license.

Awaiting kind reply from our esteemed members with knowledge in this matter.

Thanks,
Lee


Sent from my iPad using Tapatalk

[aadhaulya]

Lee,

It would be proper to introduce your self in the appropriate section.
It would help you if you can give details like what documents other than your membership do you have.
I am not talking about the legal rights but if there is a criminal case registered, you can forget about getting a license.

Atul

[nagarifle]

esteemed members????

who the heck are they?? never met any.

[brihacharan]

esteemed members????

who the heck are they?? never met any.

[dr.jayakumar]

if you not on bail and don't have any criminal case ,than you are eligible to apply.
regards
dr.jk

[goodboy_mentor]

But, the main issue I am facing now is. Before I could apply for my license, I got wrongly framed in a Property related dispute & a legal case has been done in my name, which is currently being heard in the court of law. We all know, how slow the judicial system of India is, it will be at least 6 months to an year, before I am freed of all false charges. Which is going to take a toll of my shooting as, we all know it's really hard to practice/ compete without owned weapon / ammo.

So, what I want to know is if I apply now ( with the case in court) will I be given an Arms License for Sports purpose? Or I do have to wait for everything to be over before applying for license.

Anything that is not written in law or not asked by law does not exist. There is nothing in Arms Act 1959 that says mere filling of some case by someone will make you tainted in eyes of law. Until you are convicted by competent court of law, you are innocent in eyes of law.

Please read questions of point number 8 of SCHEDULE - III FORM - A of arms license application form. The copy of application form is available for download at Ministry of Home Affairs website. Answer the questions. Avoid writing needless answers or provide unasked information or documents. Keep your answers to the point. Copy of proof of identity, residence and rifle club membership card is more than enough for documents. Since it is matter of your right, you are not under legal burden to justify why you need license. It is the State that is under legal burden to justify denial. That is why as per Arms Act 1959, the licensing authority has to give in writing why the license is being denied.

[aadhaulya]

GBM,

I respect your views on the legal aspects and look forward to your inputs on the subject.
But practically what happens is that very different. In the part B of the application one has to only mention if one has been convicted in a criminal case. But the last question is that if he is involved in any criminal case and has to give details of the same.
In any case when the application comes to the local PS, they will verify every thing and the SHO will mention boldly on the verification form that the person is involved in a criminal case.
This is where the file slows down as nobody after that is going to take the risk of taking responsibility for issuing the license.
The reason they will give is that 'there seems to be no need for the weapon', though it may have been different if he had participated in some shooting event.
Also there seems to be an unwritten rule that they are issuing licences only for self defense and family heirloom only.
Therefore, applying then appealing and going to court is the only solution left.

Atul

[xl_target]

Is it a civil case or a criminal case.
Is that distinction made?

[aadhaulya]

Is it a civil case or a criminal case.
Is that distinction made?

Yes there is a distinction between a civil and criminal case. Criminal case is further divided in a petty case (like dispute between people or even minor disturbance of peace etc.) or crime of heinous nature (like rape, murder or threat to society).
But actually what happens is that no Police dept. wants people to have guns in their area if they can help it and the whole process of getting the license is in the hands of the local police starting from the SHO to the DCP (who will probably call the applicant for an interview, or maybe just hang on to the file till the applicant comes himself to enquirer about the file) of your area then finally it goes for the final approval by the Joint Commissioner of Police who just approves it and mostly doesn't meet the applicant also.
Therefore, the local police will try to find the slightest of reason to avoid giving a license.

In Lee's case, if they issue a license and something happens to the opponent even though he may not be remotely involved in the case the police will discover the pending civil case and then the License will be investigated and the officers involved in issuing the license would have to give an explanation. Besides, another crime has taken place under their jurisdiction that affects their performance.

But if the court orders the police to issue a license then off course it is a different story. No individual had given approval hence their responsibility seizes.

This is what happens in Gurgaon at least, It is Sad but True.

Atul

[goodboy_mentor]

But practically what happens is that very different.Atul

It is very true. But what options does an arms license applicant has? Either literally fall at their feet and beg for license or fight the matter intelligently. I am not talking about some exceptions but about what generally happens.

In the part B of the application one has to only mention if one has been convicted in a criminal case.

Yes, it means that until the person gets convicted, it means nothing.

But the last question is that if he is involved in any criminal case and has to give details of the same.

Are you saying about question number 8 c? If yes, then I would like to know the law that says mere filing of case makes the applicant tainted for purpose of getting arms license.

In any case when the application comes to the local PS, they will verify every thing and the SHO will mention boldly on the verification form that the person is involved in a criminal case.
This is where the file slows down as nobody after that is going to take the risk of taking responsibility for issuing the license.
The reason they will give is that 'there seems to be no need for the weapon', though it may have been different if he had participated in some shooting event.

They can write whatever they want. Legally it means nothing until they furnish some fact that offends something in Section 9 or 14 of Arms Act 1959.

So long they remain within the Arms Act 1959, the licensing authorities are well protected by Section 40 of Arms Act 1959.

Also there seems to be an unwritten rule that they are issuing licences only for self defense and family heirloom only.
Therefore, applying then appealing and going to court is the only solution left.

This country is run not by rule of law but unwritten laws and rules, isn't it? Either accept refusal or going to court is the option for most of the arms license applicants, isn't it?

[aadhaulya]

GBM,
Here what I mean is that if the case is expected gets over in the next 6 months or one yea, then it is better to wait for that to happen. Because applying right now, it will have through the legal route that will take many years. Also it will close the option of getting it through the simple route, till the case is settled. (applying again when the first case is under process or legal may not be helpful, but I am not sure of that aspect).
Atul

[goodboy_mentor]

Audhaulya, yes I do agree with what you have said. If the applicant thinks the simple route will work, then he may wait. If thinks simple route will not work, then it hardly matters.

[nagarifle]

Audhaulya, yes I do agree with what you have said. If the applicant thinks the simple route will work, then he may wait. If thinks simple route will not work, then it hardly matters.