NOC/PROCEDURE

sangi · Post by **sangi** » Thu Feb 21, 2008 8:50 pm

I guess a common problem for some(Indians) who have only particular state validity/jurisdication for their arms license/firearm. If, I have only, say X state validity, but want to take my firearm/s to another state temporarily for maybe a week or so, how does one go about it?

Ask for an NOC, yes , but from whom - the state that has issued the license, the state where I want to take it to or then both? Both sounds logical, but what is the exact procedure, and how much time will it take? Does anyone have any 'hands-on' experience on this affair?

***DELETED***

hock ann · Post by **hock ann** » Thu Apr 24, 2008 5:08 pm

You have to apply before your licensing authority for a licence in form VII, for carrying your arms & ammunition on a journey in or through any part of India. The licence will be issued to you on a payment of fee charged for it by the licensing authority.The validity of the said licence will be made Maximum for a period of 6 months only. The place of departure route & destination will be made in the said licence. But within 48 hrs of your arrival to your destination you have to report to the nearest police station and make entries of your arms & ammunition with them.
why don't you apply

for the extention of the validity to "ALL INDIA" for your licence the Right to possess & carry Arms an judgement passed by the Hon'able High court of Allahabad on 18.3.1993. by Mr Justice M.Katju

is very much clear stating our rifht to carry firearms is a part of Article 21 of the Indian Constitution,

Do you think that if you visit any other state you would be safe ? as for criminals, gangsters,terrorists.etc.. there are every where so you need arms where ever you go.
so you better apply before your DM or Comm of police who ever is the licensing authority at your place who will forward your application to the State Govt. for the extention of your Arms licence ..

Hock ann.

Lawman · Post by **Lawman** » Thu Apr 24, 2008 8:31 pm

Hi Hock Ann, thanks for the information and please give the citation of the High Court ruling you have mentioned.

Lawman

hock ann · Post by **hock ann** » Thu Apr 24, 2008 9:22 pm

Hi, Lawman,
Mr.justice M. Katju, in his judgement has observed :- "The right to carry non-prohibited firearms is a part of Article 21, of the Constitution, to hold otherwise would amount to keeping good and peace loving citizens defenceless while the criminals are well armed. This will be wholly arbitary and unreasonable. In these days when the law and order has broken down it is only an armed man who can lead a life of dignity and self respect.
no criminal or gangster can dare to assault or threaten such a person for fear of retaliation. Since the word 'LIFE' in Article 21 - right to life and liberty- of the Constitution has been held by the Supreme Court to mean a life of dignity, the right to carry non-prohibited firearms must be deemed to be included in Article-21."
The Hon'able Judge further observed :- "Normally it is the duty of the state to protect the Citizens. However, when the state authorities are not properly discharging their function, What is to be done ? In such a situation, the only reasonable view can be that the citizens must defend themselves, and they can effectively do so only if they are armed. The situation in the country today is that law and order has deteriorated to a very great extend. Mafia type gangs have established a reign of terror in many cities and violence, kidnapping and extortion are rampant. Since parts of the country are terrorist-invested, and even in other parts, hoodlums with country made weapons are on the rampage. Peaceful and law abiding citizens are often afraid to stir out of thier houses after dark or go out to certain places. "

hope now you are

Hock ann,

Lawman · Post by **Lawman** » Thu Apr 24, 2008 9:40 pm

Hi Hock Ann, Thanks for the detail order passed/observed by Hon'ble Mr.justice M. Katju. Can you inform in which law journal the judgment was published (like AIR, CRLJ or ALR). It will be helpful to me. Thanks again.

Lawman

hock ann · Post by **hock ann** » Thu Apr 24, 2008 10:09 pm

Sorry lawman, right now i just have the photo copy of the above judgement which was copied from the arms manual law book belonged to an old friend. the copy which I have does not contain any (AIR,Cr LJ or ALR) but if ever i come upon one shall submit for you.

Hock ann,

tirths · Post by **tirths** » Thu Apr 24, 2008 10:54 pm

You can find it here.

http://www.indlii.org/index.aspx

-Tirtha

Zafar · Post by **Zafar** » Thu Apr 24, 2008 11:57 pm

the site gives jugement from 2006 onwards only
any other link?

shukriya
-
zafar

cherian.k.k · Post by **cherian.k.k** » Fri Apr 25, 2008 8:26 am

hello all
can a person holding licence for only one state buy bullets from anthere state. ?any NOC needed?
cherian.k.k

nagarifle · Post by **nagarifle** » Fri Apr 25, 2008 8:41 am

i think that all legal court judgements notice should be posted on the forum as they can prove to be useful.

ksbhati · Post by **ksbhati** » Fri Apr 25, 2008 12:57 pm

Lawman";p="42874 wrote:...Can you inform in which law journal the judgment was published (like AIR, CRLJ or ALR)....

Hi Lawman,

Found this through a Google Search....maybe it is what you are looking for. If it is correct, and you do find the references, please POST here so others may also use this information.

judgment of Mr. Justice M.Katju in CMWP No.4723 of 1993 (reported in AIR 1993 ALLAHABAD 291) wherein right to carry non-prohibited firearms is treated to be embedded in right to life, hence a Fundamental Right under article 21 of the Constitution of India; it is further ruled that Licence for non-prohibited arms is to be ordinarily allowed except in case of heinous offence.

Best regards
Karni

nagarifle · Post by **nagarifle** » Fri Apr 25, 2008 2:11 pm

well done Karni.

is there any thing on frangis denied firearms license?

thanks

hock ann · Post by **hock ann** » Fri Apr 25, 2008 8:53 pm

Cherian K.K.
Where the licence is granted in and for any local area in West Bengal or Assam, the Arms dealers shall not sell any Arms & ammunition without a Special Permit issued by a Magistrate, to any member of a hill-tribe to which the Central Government may from time to time by notification apply this condition. Any state that requires a inner- line-permit (Arunachal Pradesh/nagaland/Manipur.etc..)even for Indian citizens require a SPL purchase permit to purchase ammunition from other states, But in few states/Cities few restrictions on quantity has been fixed by the Local authorities like in ASSAM at present only 4 nos of ammunition can be purchased by a licensee in a month.
Hock ann,

nagarifle · Post by **nagarifle** » Fri Apr 25, 2008 8:59 pm

hi Hock ann

how did u come about this information, as this is new to me. any ref to look at ?

regards

hock ann · Post by **hock ann** » Fri Apr 25, 2008 9:34 pm

Hi nagarifle,
This is the condition N0 12. in the Arms & Ammunition Dealership licence in form XII. if you ever Visit Kolkata to purchase ammunition the dealers will apply on your behalf & obtain permits from the Commissioner of police, Lalbazar.
Best Regards,

Indians For Guns

Indians For Guns

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