Applying for additional weapon

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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gshardikar
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Applying for additional weapon

Post by gshardikar » Tue Nov 10, 2009 2:18 pm

Hello,

I am Gautam from Pune. I just acquired a arm license in August 2009 for a NPB Gun/Rifle and got my fathers 12 Bore DBBL Gun transferred in my name. Now i wish to purchase a second weapon (revolver/pistol) under the same. But i do not have a valid reason to possess the it. Can apply for one giving a reason for usage for sport purpose ? I mean if i take a membership for a shooting club for aim practice or something like that ? Or can you suggest any other reason which will be considered. Pls suggest.

Regds,

Gautam

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cottage cheese
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Re: Applying for additional weapon

Post by cottage cheese » Tue Nov 10, 2009 3:19 pm

gshardikar wrote:Hello,

I am Gautam from Pune. I just acquired a arm license in August 2009 for a NPB Gun/Rifle and got my fathers 12 Bore DBBL Gun transferred in my name. Now i wish to purchase a second weapon (revolver/pistol) under the same. But i do not have a valid reason to possess the it. Can apply for one giving a reason for usage for sport purpose ? I mean if i take a membership for a shooting club for aim practice or something like that ? Or can you suggest any other reason which will be considered. Pls suggest.

Regds,

Gautam
Hi Gautam,

Contrary to what the establishment and some people may want you to believe, you shouldn't lock yourself out for want of a 'Valid' reason.

The arms act allows an individual to possess three licensed arms. Its practically your right.

True, many licensing authorities from sheer arbitrariness and poor logical abilities, demand that you need to have proof of 'threat' if you apply under 'Self Defense' - I think its wrong and bereft of clear thinking.

Just apply as you feel is right and see what they have to say about it.

regards,
cc
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goodboy_mentor
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Re: Applying for additional weapon

Post by goodboy_mentor » Wed Nov 11, 2009 1:03 am

The Allahabad High Court on Wednesday November 04, 2009, ruled that the licence for a firearm should not be denied to a person merely on the ground that he or she was already in possession of a weapon.
http://www.zeenews.com/news576187.html
http://timesofindia.indiatimes.com/city ... 197224.cms
Moreover as per Allahabad High Court as well as various other High courts it has been ruled that license cannot be refused on grounds that applicant has no threat to life.
http://www.allahabadhighcourt.in/ILR/il ... ec2002.pdf

rover12
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Re: Applying for additional weapon

Post by rover12 » Wed Nov 11, 2009 10:52 pm

To a certain extent it does depend on the licensing/sanctioning authority and at times they can play real dumb, but as stated earlier possessing three weapons is your right and should not necessarily require any substantial justification. Go ahead and apply for your second weapon and take it from there.

Regards....

goodboy_mentor
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Re: Applying for additional weapon

Post by goodboy_mentor » Thu Nov 12, 2009 1:15 am

To a certain extent it does depend on the licensing/sanctioning authority and at times they can play real dumb,
Yes I also agree firearms licensing authorities can create delays/problems(usually the purpose is to either make the applicant offer illegal gratification or they have verbal/implicit instructions to issue licenses only to people "recommended" by the ruling party), in such cases one should not loose patience and should approach the court for relief.

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Re: Applying for additional weapon

Post by cottage cheese » Thu Nov 12, 2009 5:39 pm

goodboy_mentor wrote:or they have verbal/implicit instructions
...which is actually illegal... written and recorded orders are a requisite for any action that is carried on a statutory procedure.... Verbal instructions as a consequence will have no legal foundation. If verbal instructions are suspected, RTI can confirm such a thing and be used as a basis for litigation.... methinks.
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gshardikar
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Re: Applying for additional weapon

Post by gshardikar » Wed Oct 13, 2010 9:23 pm

Dear All,

Thanks for all your responses for my post "Applying for an additional weapon".

Further to the above mentioned topic that I posted almost almost a year back, I have finally managed to submit my application for an additional weapon i.e. NPB Psitol / Revolver. I have cleared the 1st stage i.e. getting all my documents scrutinized / verified from the local police station. The senior inspector has given a recommendation on my application that an arms license for a pistol / revolver can be granted to me. But the problem is that he has also put a comment (unfortunately) that I shall only be granted a license for a pistol / revolver only upon cancelling my existing license for 12 bore DBBL Gun. When I personally met him he said that he cannot grant me permission to keep 2 weapons at same time. This is really sad. Now as per the procedure, my next meeting will be with the ACP & then DCP before it goes back to the office of the commissioner of police where the license will be issued. I don't know how to convince senior authorities (ACP,DCP & CP) to get the permission to keep both the weapons.

Pls suggest how do I handle this situation.

Thanks / Gautam

goodboy_mentor
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Re: Applying for additional weapon

Post by goodboy_mentor » Wed Oct 13, 2010 10:52 pm

Please refer and understand from the copy of complete judgment of Allahabad High Court related to allowing 3 firearms at http://indiansforguns.com/viewtopic.php ... 89#p113930 You can also PM ruger_rugged he is also from Maharashtra and facing similar problem like you are facing. He was also supposed to meet Licensing Authourity for same problem as mentioned by you.
You may refer and understand AP High Court judgment at http://www.indiansforguns.com/viewtopic ... 7&start=15
Self defense is your fundamental right under Article 21 of Constitution and arms license for the same is your legal right. Hence both fundamental and legal rights get closely related, which cannot be ignored by licensing authourity. Nowhere does Arms Act 1959 forbids anybody from having more than 1 or more than 2 arms. It talks of only more than 3 arms.
Also following two of the objectives of Arms Act 1959 state: (ii) that weapons for self-defence are available for ALL CITIZENS under license UNLESS their antecedents or propensities do not entitle them for the privilege; and (iii) that firearms required for training purposes and ORDINARY CIVILIAN USE are made MORE EASILY available on permits;
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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