Indians For Guns

Dear friends,
I am not in touch with IFG for very long but it feels good to be back. I am facing a very irritating problem these days. My father who possesed a DBBL gun under a valid license died in Jaunuary 2014. I am the legal retainer of his weapon (as endorsed in his license). His license expired a mounth before his death. But after his death, I immideately informed the DM's office and I requested them to transfer the weapon in my name. Now as I already have a license in my name, they are saying that as per the Central Govt.'s order, only one weapon can be given to an indivisual in Assam, Bihar and J & K. They even showed me a letter from the MHA, Govt of India (Letter No V 18048/3/2010). Now the license expired in December 2013, the license holder expired in January 2014 and I am in possession of the weapon as a retainer. The District admin says the I can have the possession as I am the retainer.
This is not all. Today the dealing clerk in the DM's office asked me to renew the license as I am the retainer.
I am really clueless. Please give some advice - legal or otherwise.

After the death of licensee, the license ceases. That is why the retainer rights also automatically cease to exist. If all other legal heirs have no objection, you will have to apply for fresh arms license or get it endorsed on existing license booklet under family heirloom category. This is the legal procedure as per Arms Act and its Rules. Every thing else mentioned appears has no support of Arms Act or its Rules. How you want to do or to what extent you are willing to fight, you will have to decide.

If you could upload a copy of the letter No V 18048/3/2010?

Thanks for the information but I dont know how to convience the babus in the DM's office!! I do not have the copy of the letter. They told me that its official so they cant give me a copy.

goodboy_mentor wrote:After the death of licensee, the license ceases. That is why the retainer rights also automatically cease to exist. If all other legal heirs have no objection, you will have to apply for fresh arms license or get it endorsed on existing license booklet under family heirloom category. This is the legal procedure as per Arms Act and its Rules. Every thing else mentioned appears has no support of Arms Act or its Rules. How you want to do or to what extent you are willing to fight, you will have to decide.

If you could upload a copy of the letter No V 18048/3/2010?

But in your case babu's have to be convinced which is not an easy task.
My suggestion would be to apply for renewal as the babu suggests and give the reason for delay that the license holder has expired. That would make you legally safe to an extent.
Then apply under the family heirloom category and somehow convince the babu to accept it and if he has some notification, he should reject it.
After the application is rejected, take the reason for rejection from them and that will open up a few options including going to court or maybe even get the license on appeal.

Atul