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Additional wepon AREA consideration

Posted: Wed Jun 17, 2009 2:58 am
by PRITAM PATEL
Hi,

I am in urgent need of help from legal experties.

My case is as follows,

I had obtained a license for NPB revolver/pistol in 2002. It was directly granted by M.P. Home secartory for ALL INDIA.

Last year I had applied to D.M. for additional weapon ( NPB Rifle ) on same lic. and was granted permission.

Due to my personal reasons I could not buy and produce additional weapon to the same D.M. who has granted additional weapon.

When I approched ( on 08/06/2009) D.M. office with my recently purchased .22 Cal. IOF Rifle, Mr. A.D.M. ( who is only authorised to endorce in lic. book ) is giving me the reason that Mr. D.M. has no authority to grant all india license. hence he has to mention in the lic. book that, for additional weapon AREA consideration is only for the state or district

He is been giving me trouble since last 10 days. and has also confused Mr. D.M. with same reason.

With the help of Lic. Babu, I did quote them more then 20 cases in which no correction was made for additional weapon from the same authorities, but Mr. D.M. has not much interest and knowledge, he is avoiding me.

What I belive ( & told by most ppl) is that originaly licence was granted to me by Home. Sec. for All INDIA.
I am the licensee for that perticular license.
As additional weapon is granted ( by Mr. previous D.M.) on the same Licence Number. Area consideration and Cartridge Quata automatically becomes as per originally garnted license.


Who is right ? or is it depends up on consideration/interpretation of law by the person in charge.

If any one has supporting documents/ ammendments/Judgements for same case,please I need them urgently. I am running out of time.... :(

Considerring Mr. A.D.M. & Mr. D.M. goes by the book ( as usual, :mrgreen:) , they wants documents/supportings for my request

All the comments & suggetions are welcome, really what I need is correct interpretetion of Law, I am in the mood of challanging them in the Court of Law.

Thank you and Have a Nice Day

Pritam Patel

Re: Additional wepon AREA consideration

Posted: Sat Jun 20, 2009 6:50 pm
by Anand
Hello I am not a lawyer nor an expert. You wrote: " Area consideration and Cartridge Quata automatically becomes as per originally garnted license."

Usually at district level, licenses used to be issued on individual firearms; meaning that one person could have upto 3 licenses with different numbers (each license covering 1 firearm) provided that the total number of firearms did not exceed 3 in total on that persons name. In that sense, what the DM says would likely be correct if the additional weapon was being granted on a new license number, different from what you already have.

Since the Home dept. was the original issuer of the license it would have been much simpler to have additional firearms added at that level but inspected at the DM's level. There is a lot of discretion with the licensing authorities and they can vary the conditions as and how they please. I have heard of situations where each weapon has had different jurisdictions on the same license .

Using plain logic though, you would be correct, the Home department is the original licensing authority in your case and they have deemed you fit for taking your firearms all over India. Because it does not make any sense to allow you to carry one firearm all over India while not another on the same license. But whoever said our Arms Law or its current interpretation/enforcement was logical.
Members please feel free to correct me or add....
Regards,
Anand

Re: Additional wepon AREA consideration

Posted: Sat Jun 20, 2009 8:42 pm
by babu
Hello,
Ithink what they are saying is correct.
Your original all india licence was issued for rovolver directly by all india licencing authority for revolver only not your new rifle.

your rifle was issued by dm local authority (irrespective of the same licence no.) and your dm has no authority to issue this rifle for all india.
You will have to notify all india licence issueing authority to convert it to all india.

Same licence no. or other licence does not make difference.

Thanks
Babu

Re: Additional wepon AREA consideration

Posted: Tue Jun 23, 2009 9:53 am
by PRITAM PATEL
Hi,
Thnx Babu/Anand for your comments and Suggetions.

Before I try any other means, Mr. A.D.M. worked surprisingly fast, and completed endorsment procedure for additional weapon mentioning that it is valid for state of Madhya Pradesh only.

I had no choice but to apply Home Dept. for All India validation, which was done yesterday. Things would have been easy but they want it complicated so I am ready. :twisted: :twisted: :twisted:

Unfortunatly delear did not issued( due to no specific mention/remark for additonal weapon ) any cartridges so testing of Rifle is postponed.
Thank You and Have a Nice Day
Pritam Patel

Re: Additional wepon AREA consideration

Posted: Wed Jun 24, 2009 10:58 am
by raj
hi sir...
i have a similar story.i have my license for MP (.22lr).I have applied for increase in ammo quota & all india permit.Got similar replies from authorities.
I m in pune right now,will go back to bhopal in 5 days & look for my file..
its a tough job...

Raj