A question on Blanks

[eternalme]

Guys,

I see so many Blanks offered for sale on sale forum here for 40-45 k. where as the real price in us is anything between 150-200 US$.

We are talking about 4 times the price, does the government allows import of blank firer, with duty /without duty is the question.

If its not allowed that means all the blank firer imported are illegal, and if caught with them one might have to dispose the thing along with what not.

I want some precise legal angle on this one, tried looking in EXIM but its not there, nothing special about in arms act.

Regards

[cottage cheese]

An extract:

"...(i) Weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons are exempted(*) from the operation of the Arms Act, subject to the condition that Central Government (or State Government by delegated powers ) may impose any restriction in respect of air-pistols or of any class thereof in the case of any class of persons or of any specified area."

(*) Vide Entry (3) of Schedule II appended to G.S.R. 991, dated 13.7.62 (Copy at part VI, Ch.XIII).

Right now I don't have ready access to MHA Notifications/circulars post 1994, so if any one can ferret out post 1994 info (usually from Gazette of India Part II Section 3(i) )

In spite of blank firing replicas being clearly toys, most of the establishment jockeys tend to view these things with morbid suspicion and as such it would be largely, though not a statutory 'grey-area'.

They seem importable, since I've heard of many instances of such. I suppose again, they would be largely subject to luck and the competence of the customs walla...as long as you can prove its a toy to the white brigade it should be acceptable.

[eljefe]

been seeing these things in bollywood from years-lots of prop masters hire these out.Does'nt seem to be an issue

[mundaire]

been seeing these things in bollywood from years-lots of prop masters hire these out.Does'nt seem to be an issue

+1

[eternalme]

So they can be imported without any problem by anyone ?

-- Sun Nov 22, 2009 2:04 --

Found some text from the Arms act -- find the meaning yourself guy.. it falls under 9303 90 00 and that is restricted

So the questions comes again are the blank guns legal to import ?


9303 OTHER FIREARMS AND SIMILAR DEVICES WHICH OPERATE BY THE FIRING OF AN EXPLOSIVE CHARGE (FOR EXAMPLE, SPORTING SHORTGUNS AND RIFILES, MUZZLE-LOADING FIREARMS, VERY PISTOLS AND OTHER DEVICES DESIGNED TO PROJECT ONLY SIGNAL FLARES, PISTOL AND REVOLVERS FOR FIRING BLANK AMMUNITION, CAPTIVE-BOLT HUMANE KILLERS, LINE-THROWING GUNS)
9303 10 00 Muzzle loading firearms Free Import subject to the condition that the requirements specified in the MHA Notification No. S.O. 667(E) dated 12.09.1985 and Notification No. S.O. 831 (E) dated 2.8.2002 are fulfilled and also that the purchaser/user of these items shall obtain requisite user license from the competent authority under the provisions of the existing Arms Act, 1959.
9303 20 00 Other sporting hunting or target shooting shotguns, including combination shotgun-rifles Restricted
9303 30 00 Other sporting, hunting or target-shooting rifles Restricted
9303 90 00 Other Restricted
______________________________________________________________________________________

-- Sun Nov 22, 2009 2:07 --

Mundaire, eljfe and cotton cheese please comment !!

[eternalme]

Deleted as it was not relevant....

[winnie_the_pooh]

Arms Act - 5
section
28.
Punishment for use and possession of firearms or imitation firearms
in certain cases

Does not apply as we are talking of import.Resisting arrest is in any case,an offence and would attract other penal provisions as well.

A pistol/revolver solely designed to fire balnks will not fall within the purview of the Arms Act or Rules simply because it does not fall within the definition of what is an arm or a firearm.It is not designed to be used for either offence or defence and thus is not an arm.It can't discharge a projectile(the barrels are plugged) and thus does not fall within the definition of what constitutes a firearm.

Taking this further,since blank firing guns do not fall within the purview of the Arms Act,ammunition designed to be fired in them would also not be coverd by the Act.

In my opinion,the import of blanks would however be covered the by the Explosives Act and Rules besides the exim policy.

The Exim policy does seem to indicate that their import is restricted.

[eternalme]

NIce analysis


Please refer to section 9303 10 00 arms act

9303 OTHER FIREARMS AND SIMILAR DEVICES WHICH OPERATE BY THE FIRING OF AN EXPLOSIVE CHARGE (FOR EXAMPLE, SPORTING SHORTGUNS AND RIFILES, MUZZLE-LOADING FIREARMS, VERY PISTOLS AND OTHER DEVICES DESIGNED TO PROJECT ONLY SIGNAL FLARES, PISTOL AND REVOLVERS FOR FIRING BLANK AMMUNITION, CAPTIVE-BOLT HUMANE KILLERS, LINE-THROWING GUNS)

The baboos have it covered

[winnie_the_pooh]

NIce analysis


Please refer to section 9303 10 00 arms act

9303 OTHER FIREARMS AND SIMILAR DEVICES WHICH OPERATE BY THE FIRING OF AN EXPLOSIVE CHARGE (FOR EXAMPLE, SPORTING SHORTGUNS AND RIFILES, MUZZLE-LOADING FIREARMS, VERY PISTOLS AND OTHER DEVICES DESIGNED TO PROJECT ONLY SIGNAL FLARES, PISTOL AND REVOLVERS FOR FIRING BLANK AMMUNITION, CAPTIVE-BOLT HUMANE KILLERS, LINE-THROWING GUNS)

The baboos have it covered

I would suggest that you read the Arms Act and the Arms Rules and in particular Schedule 1 Category V of the Arms Rules,1962. 9303 is the ITC(HS) code and the extract is from the EXIM policy and not from the Arms Rules.

[eternalme]

Hmm

I had all the docs open so copied from one and wrote another's name as reference.
So what are you saying short ...
They are ok as far as arms act is concerned , but they are restricted items under exim policy ? right ?

[bkarankar]

what is the conclusion

can we import Colt Detective Special 2” 9MM Blank Firing Gun in India, i have not any arm license.

please let me now.

Thanks
Bhupesh

[don]

Mundair,
Please give your conclusion, And it is very important for all the members


Don

[bkarankar]

yeh, we are really waiting for conclusion.

its helpful to everyone.

-- Sat Aug 28, 2010 5:43 pm --

hi all,

any update

[eternalme]

The conclusion is -

Its not covered under arms act but it is a restricted item under Exim policy.

So it can't be freely imported full stop.

[amit888_2000]

If conclusion is tough, i would suggest, why not go for RTI....to customs...

)))cheers!!!