ARMS WHICH DO NOT REQUIRE LICENCE

[hock ann]

Hi Members,
A licence is not required to be taken out for the possession and carry of
(A) any weapon of an obsolete pattern or of antiquarian value or in disrepair which is not capable of being used as a fire-arm either with or without repair (clause (c) of S.45);
(B) Minor parts of arms & ammunition which are not intended to be used along with complementary parts, acquired or possessed by any person (clause (d) of S.45);
(C) Sharp-edged weapons except in areas where section 4, is applied by special Gazette notification issued by the concerned state Govt. (S.3);
(D) Air-guns,Air-rifles & Air-pistols which satisfy a prescribed test (item 1 (3) of schedule II appended to G.S.R. 991, dated-13.7.1962);
(E) Toy cannon not exceeding 27 kgs in weight and having (a) caliber of less than 1", (b) length of bore is less than 24", (c) interrior of bore unrifled and (d) old iron cannon balls. (item 1 (a) of schedule II appended to G.S.R.991, dated-13.7.1962);
(F) leaden bullets and bird shots not exceeding 5 Kgs, pellets for air-guns upto any quantity (item-1(2) & 1 (3) of schedule II appended to the above said G.S.R.991);
(G) recapper,decapper & turn over machines, provided their use is restricted to loading or reloading cartridges for one's own pursonal use and for no other purpose (item-1(2) of schedule II appended to the above said G.S.R. 991).
If the air-weapons are brought from abroad it is advisable for the importer to get a certificate from their manufacturer to the effect that the weapons satisfy the required test, otherwise they may require a re-test in india to determine their licensing requirement,Since the state Govt. concerned has the power to require licence, if and when they consider necessary in respect of any of these air-wagons, therefore the persons are advised for their own interest, to ascertain from the State Govt. authorities whether that Govt. has imposed any restrictions on the possession of any such weapons.

Hock ann,

[Olly]

On Point No. C

According to the Arms Act :
"Arms other than fire-arms: Sharp-edged and deadly weapons, namely: swords (including sword-stick), daggers, bayonets, spears (including lances and javelins); battle-axes, knives (including kirpans a Khukries and other such weapons with blades longer than 9" or wider than 2" other than those designed for domestic, agricultural, scientific or industrial purpose, steel baton; "Zipo" and other such weapons called "life preserves"; machinery for making arms other than category II; and any other arms which the Central Government may notify under Sec. 4."

This is quite confusing... the Doc had posted some copy of the Arms Act where it said that knives, swords, bows and arrows etc. should be excluded from categorisation under 'Arms'.

This is confusing... has been discussed earlier... but still no clear cut direction ??

[hock ann]

Check :- (SPL gazzett notification issued by the State Govt. being S.3 except in the area where S-4 is applicable)
If you visit cities of North east you would find local people carrying their own tradional swords, like dao,khukri,big axes, javelines, even Bow & arrows like in Arunachal pradesh there are more than 25 different tribes and each have a different types of big swords may be NAGARIFLES might tell us how many are their in his state ? even in assam people use big swords for which the State govt. has no objection. but if taken out to other states one can get arrested.
Hock ann,

[nagarifle]

hi
in Nagaland the people carry doas of different sizes, spears, etc, but in tribe areas we have to keep few points in mind that

some items are used as every day tools ie the doas, khukri the people here carry it openly and is local custom. in the old days these were used for fighting but now more so for agriculture and used in tribal dances.

the Doa is used as a tool for digging, cutting, hunting and presented to guests, even the PM got one spear and Doa in 2003. i have been present few myself.

the law is a little different here then rest of India.

that these items are part of the local culture and also used for agricultural use.

(AFAIK no license or any one has ever got arrested for using and owning one in privet or public.

here i have come across muzzle loaders made in the villages and no question of license has ever came up.

mods please feel free to delete this section if gone OTT)

[hock ann]

nagarifle is correct even in parts of Arunachal Pradesh, like TIRAP & CHANGLANG districts we find people manufacture muzzle loaders in their houses and the gun powder is made out of tree-barks and the local licensing authorities later on issues them licence for the guns made by them and the licence No of the person is stamped on the weapon to make it legalize.
Naga kiman bhal ase /
hock ann,

[striker]

Is there any law to prohibit import of pellets through couier .small amount of pellets along the baggage is allowed in flight and can pass out custums with proper answer but when it is ordered through post it is confisticated on which indian exim law its retricted.

thanks
striker

[diskaon]

in case you want to own a khukri having a blade longer than 9" then whats the procedure to get a "license" for it. do you have to procure it first and then go get a license or the other way round. how do they identify between different khukris? by the engravings?

Is there a separate license or can it be endorsed on an existing arms license.

[shahid]

If in Nagaland and Assam manufacture of firearms and cartridges in the cottage industry sector is legal then why are there restrictions in the rest of India ? Manufacture of country made firearms and reloading of cartridges must be made legal everywhere by this yardstick.

The Govt of India and the Arms act are age old British Legislations of no use these days. THe fact that such control laws serve the vested interests of a select few is the sole reason why the Arms act of 1862 still survives 61 years after independence.

No parlimentary debate, no attempt at amendment, a city dwelling educated crowd which is miles away from reality and sees only Bollywood dacoits yelding shotguns, or screen mobsters with handguns, with James Bond yeilding a Walther PPK, thats the limit to thie knowledge.

The basic law of marketing states that whenever there is a demand their will be adequate supply to fulfill it.

Arms control act has caused what damages ?

There is a cottage industry producing dangerous, untested hand guns in many villages of Eastern and Central India. Rifle cartridges like .315 and PB calibres like .303 are freely available for such weapons. I can't imagine anyone being insane enough to actually fire a .315 cartridge in such a device but they must be. Such handguns called "Katta "in the local language are made by the thousand.

Also poor quality shotguns with ordinary MS pipes of 3/4 inch that were made of HR strips ! how dangerous anyone can imagine.

Demand has led to pilferage of parts from Indian Ordinance and pvt. factories. With these the workers assemble and sell a firearm in a few weeks.

Smuggling across the borders in North and NE India is rampant, unchecked and ou of control. It is only the ordinary citizen who suffers, insurgents, criminals, hoodlums acquire arms easily through such means.

There is an established corridor for smuggling arms from NE frontier in Pakistan through Nepal. These weapons enter India through Sambhal, Gorakhpur, Bahrainch or bordering districts of North Bihar and of course the NE states.

Then there are cases like Puralia Arms drop case with aircraft.

Communist and faricist govts. of Asia freely distrubute infantary weapons to all insurgents of India in every state.

How deep rooted is this protest. Check this example.

THe famous hunter and author Jim Corbett writes of an incedent in 1911, about a 100 years ago.

A maneating Tiger had taken refuge near a village in Kumaon after being hit lightly with Corbett's bullet.

To conduct a beat to flush out this Tiger local help was required. THe local Patwari, Tehsildar and distt. authorities declared they will turn a blind eye to anyone carrying a firearm.

Later that afternoon during the beat Corbett describes that to his surprise over 200 people appeared from those couple of villages itself with firearms of every shape and size.

What would be the situation now in our villages ? A twenty to thirty times increament in the number of illegal firearms ?

[nagarifle]

Hi diskon

i would say that,you would have to get a license first then the khukris. the principle is the same as per firearms procedure.

as for how to identify the khukris, since they are not numbered. i believe the purpose of the licence is for u to carry/own a knife.

it would seem that the law is not concerned about the numbering but with a licence to have a knife over certain length etc.

nagarifle

[nagarifle]

hi shahid

i can only say for Nagaland why arms are looked upon with different view.

under the Indian constitution, 371A(i think), is the one which sets it apart from the rest of India.

as for smuggling arms across boarders? i am not sure if u are aware or not that part of India borders go through one man house, where his kitchen is in India and bedroom in other country

India has very long border, which can not be guarded by the forces.

nagarifle

[TenX]

Hi All.
If one picked up a sword sold outside the Golden temple of Amritsar, Punjab, then gets it to another state, how can this be 'Legalized'?

[shahid]

Yes I am aware, There are guys whose house is n India but the fields they farm on or grazw upon are in a border country. Border is very porous in a number of places.

I have travelled a lot in the NE areas, Bagdogra, Silliguri where the Indian territory is surrounded on all sides by International borders. I can understand the situation very much.

[diskaon]

so i got to go to the PC or local police station for this "license" for knife/sword.

[nagarifle]

hi diskaon
i believe so, don,t be surprised if u get laught at

[Virendra S Rathore]

Hi diskon

i would say that,you would have to get a license first then the khukris. the principle is the same as per firearms procedure.

as for how to identify the khukris, since they are not numbered. i believe the purpose of the licence is for u to carry/own a knife.

it would seem that the law is not concerned about the numbering but with a licence to have a knife over certain length etc.

nagarifle

Hi All,

What would be a good reason to mention while applying for a sword's license?
I know common sense dictates this has to come from me, but our red tapism and procedures defy common sense pretty well. I have to look for a tactical approach rather than giving a reason on my own and later grieving about my lost case. People who have successfully procured the license or know about swords may please guide me.

Thanks a lot.

Regards,
Virendra