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DAAM draft/policy

Posted: Wed Mar 31, 2010 9:20 am
by Roland
There has been nothing in the news so far about the new arms draft policy.
Can any of you legal eagles clarify whether the draft has already come into force? Or is it pending somewhere?

Another point is that they mention that OCI's would not be entitled to an arms license "on threat angle".
Is this policy for OCI's residing abroad?
I am an OCI who is permanently resident in india and NOT holding residency in any other country. How would this affect me?

Thank you in advance.

Roland.

Re: DAAM draft/policy

Posted: Wed Mar 31, 2010 1:20 pm
by nagarifle
if an oci wants a arms license why wait? make an application today, before any changes are made.

Re: DAAM draft/policy

Posted: Wed Mar 31, 2010 1:33 pm
by mundaire
It is still pending, for the changes to take effect they will at some point need to be tabled before both houses of parliament.

Re: DAAM draft/policy

Posted: Thu Apr 01, 2010 7:16 pm
by Roland
Nagarifle,
I have already made an application in oct 2008 and it is going in circles from the police out post to the DIG's office. Guess it's searching to stop at the jackpot.
Last week the DIG commented to check for type of visa - whether work or transit. The file already has my residence certificate since birth( ie 47 years to be exact!!!),my passport copy with the "U" type lifelong multiple entry visa., utility bills, etc, etc.
Also attached a photocopy of the OCI and a copy of the citizen ship act wherein OCI's are not barred from an arms license.


Here is more-In the meantime I have already got a Retainer's License for the license belonging to my father (12 bore shotgun). I attached this too in my application.

Mundaire,
In some offices they have got a copy of the DAMNED proposal and are already behaving as if that is already in force. That is why I asked you so.

Thank you both for your inputs.
Roland.

Re: DAAM draft/policy

Posted: Thu Apr 01, 2010 7:28 pm
by nagarifle
hi Roland

now i understand what you mean. at least the DIG is doing something, maybe not postive. just have to wait it out on this one.

Re: DAAM draft/policy

Posted: Fri Apr 02, 2010 1:05 pm
by Anand
Hi Roland I understand your frustration, if anyone can get a license, you can with all the paperwork you have. Please keep at it. Not only are you "testing" the law, you will also be setting a precedent that other OCI's may be able to use as proof of license issuing. All the best!
Regards,
Anand

Re: DAAM draft/policy

Posted: Fri Apr 02, 2010 1:24 pm
by goodboy_mentor
I have already made an application in oct 2008 and it is going in circles from the police out post to the DIG's office. Guess it's searching to stop at the jackpot.
If you do not want to wait indefinitely, another option can be to file a writ petition in High Court to give directions to the licensing authority not to delay and issue the license in a reasonable time(like 1 month)

Re: DAAM draft/policy

Posted: Fri Apr 02, 2010 8:00 pm
by Roland
As stated earlier I had applied for a retainer's license at the same time as for my own license. The magistrate forwarded my application for retainers license to the law secretary who ruled in my favour quoting some precedent case where a foreigner could hold an arms license if meritorious. Mind you the ruling was on the basis of a foreigner and not OCI.
When I presented a copy of the citizenship act http://mha.nic.in/pdfs/1955.pdf ( check rule 7B in the act) to further strengthen my case- the law secretary said that was not needed as it was already ruled in my favour. God bless this country. Sometimes it is better to keep quiet!!!

In the meantime my father has applied for an additional weapon (NPB pistol/revolver) on his all india license which should be issued the coming week. And in time it will be transferred in my name God willing. (The "DAMNED" policy if implemented in its present form will not affect me as OCI's are permitted in the heirloom category but not in the threat perception category). That was why I initially asked about RESIDENT OCI's. Guess they should be treated like any other resident indian/foreigner.

But out of academic interest I am keeping my own license file alive and this coming week it is also being forwarded to the law secretary (not by the collector this time but by the police at the out post.) When the file goes to the DIG for his approval I will pay him a visit.

Will keep you informed