Indians For Guns

Dear Learned Members,

As many of you are aware that I have applied for an Arms License for NPB Handgun in 2015 which was rejected in 2016. The letter of rejection stated that it is being rejected under Sec. 14 of the Arms Act of India 1959, with no further classification. I filed an appeal against the same along with a complaint which was also related to abusive and un-parliamentary remarks by the Deputy Collector when I filed an RTI asking for the detailed reason of rejection.

The application is again being heard and I have received a letter again to appear for the same.

This time I want to reach the office of the LA with a file of all the information/Judgments/Notifications/Interpretations (by Courts of law) etc. throwing some light of Sec. 14 of the Arms Act.
As per my last conversation with the LA, he was very firm and expressive that an LA has discretionary power to reject applications under Sec. 14 of the Arms Act of India 1959.

Request you to please share your opinions/court cases/judgement or any relevant information which I can use in my argument against his statement.

Thanks and Regards,
Ankur Srivastava

Mr.Ankur , You have not posted the order either. In it there MUST beREASONS for theREJECTION. An order MUST be aSPEAKING ORDER , CLEARLYstating the REASONS for rejection. You are just giving a BLANK accusation. Now IF the licencing authority did not SPECIFICALLYmention the REASONS or GROUNDS , your case is strong. As the Law in Sec 14 of the ArmsAct 1959 is very clear that ONLY IN EXTREME CASES can be rejected. SECTION 14. Refusal of licences.—
(1) Notwithstanding anything in section 13, 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.
IF ONLY YOU REVEAL THE GIVEN REASON, WE CAN HELP YOU .

veeveeaar wrote:Mr.Ankur , You have not posted the order either. In it there MUST beREASONS for theREJECTION. An order MUST be aSPEAKING ORDER , CLEARLYstating the REASONS for rejection. You are just giving a BLANK accusation. Now IF the licencing authority did not SPECIFICALLYmention the REASONS or GROUNDS , your case is strong. As the Law in Sec 14 of the ArmsAct 1959 is very clear that ONLY IN EXTREME CASES can be rejected. SECTION 14. Refusal of licences.—
(1) Notwithstanding anything in section 13, 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.
IF ONLY YOU REVEAL THE GIVEN REASON, WE CAN HELP YOU .

Dear sir,

Thanks for your response.

The order is a one page order with two lines written in Gujarati that with reference to your arms license application no. ********123 for self defence is being rejected by the Licensing Authority under Sec. 14 of Arms Act of India. If you are aggrieved with this order, you can file an appeal with the appellate authority.

I will post an image maybe tomorrow for the same.

Thanks and regards.
Ankur

veeveeaar wrote:Mr.Ankur , You have not posted the order either. In it there MUST beREASONS for theREJECTION. An order MUST be aSPEAKING ORDER , CLEARLYstating the REASONS for rejection. You are just giving a BLANK accusation. Now IF the licencing authority did not SPECIFICALLYmention the REASONS or GROUNDS , your case is strong. As the Law in Sec 14 of the ArmsAct 1959 is very clear that ONLY IN EXTREME CASES can be rejected. SECTION 14. Refusal of licences.—
(1) Notwithstanding anything in section 13, 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.
IF ONLY YOU REVEAL THE GIVEN REASON, WE CAN HELP YOU .

Hi,

Please find the image attached below.... Please express your opinion if...

I can make any thing out of it. anyway if you can make apercise translation of it , I can help with the tecnicalities.

veeveeaar wrote:I can make any thing out of it. anyway if you can make apercise translation of it , I can help with the tecnicalities.

The highlighted part says "with reference to your application for AL for Self Defense the LA orders to rejects your application under Sec. 14 of the Arms Act of India 1959 by the power vested in him by this act".

The complete letter says, "The LA has reviewed your application and believes that you have no reasons to obtain an AL for self defense, hence with reference to your application for AL for Self Defense the LA orders to rejects your application under Sec. 14 of the Arms Act of India 1959 by the power vested in him by this act.
If the applicant is aggrieved with this order he may appeal to the appellate authority within 30 days by paying an amount of 100 Rs. through challan."


Regards,
Ankur Srivastava