Applying for an Arms License in India

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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goodboy_mentor
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Re: Applying for an Arms License in India

Post by goodboy_mentor » Wed Sep 01, 2010 11:26 pm

Have they stopped issuing new licenses altogether? Or they do not endorse additional weapons on single license booklet and instead issue a separate license for each additional firearm? There is an id "grewal" from Ludhiana in this forum, just send him a PM and see what is his idea about these whims of Ludhiana LA?
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Re: Applying for an Arms License in India

Post by dheeraj_1772 » Sun Sep 12, 2010 10:02 pm

Dear Sir,
i'm serving in a para military force and recently got an all india license from Doda (J&K) through an Arms dealer of J&K.
please advice that after purchasing the weapon am i supposed to endorsed the entry in local police station and/or local licensing authority of my home town which is varanasi (UP)..??
- regards
Dheeraj

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Re: Applying for an Arms License in India

Post by sanjaydsvv » Sun Sep 12, 2010 10:30 pm

Very nice Information given by you.

I follows the same when i got a pistol/ Revol lic in UP

Rgds


Sanjay

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Re: Applying for an Arms License in India

Post by goodboy_mentor » Sun Sep 19, 2010 12:40 am

please advice that after purchasing the weapon am i supposed to endorsed the entry in local police station and/or local licensing authority of my home town which is varanasi (UP)..??
You are supposed to inform of change of residence(if staying at that residence with firearm) at the local police station under whose jurisdiction you are residing within 1 month of change of residence.
"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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Re: Applying for an Arms License in India

Post by satishdane3 » Mon Oct 04, 2010 2:35 pm

Hi abhijeet,

I am new member of community.i gone through your detailed post on the arms license information.

i am from latur district of maharashtra.and from a farmers family.i want to get the arms license.

actually my real need is in farm which is in remote area.and the dacoity and loot incidents are recently growing day by day.
so security of people in farm and as well as the property in a farm is necessary.and police is of no use.as it is 40 km from police station.

and as a sport i am intrested, but not got any chance to join any rifle assosciation or shooting club.

but am worried about the "NEED" to be filled in form.as real need they wont accept.i want to join the rifle acssociation.may i join delhi rifle association?or is there any rifle association or shooting club in maharashtra near to my district?

so i can specify the need as target shooting.

so please guide on this.

thanks adn regards,
satish dane-sadolkar

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Re: Applying for an Arms License in India

Post by essdee1972 » Mon Oct 04, 2010 6:10 pm

I am looking to get a license for a 0.22 or 0.32 pistol / revolver, for target shooting purposes. I stay in Mumbai, am (in general) a honest and law-abiding citizen, no criminal record. I have a permanent residence (flat) in Mumbai, but am not "local".

Can someone please advice me as to where and how I can get a license? Someone who is a retired Intelligence Bureau officer told me of something known as Type 1 citizen, or something like that.....

Thanks in advance......
Cheers!

EssDee
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Re: Applying for an Arms License in India

Post by goodboy_mentor » Mon Oct 04, 2010 10:22 pm

but am worried about the "NEED" to be filled in form.
What can be a better NEED than self defense? Need for self defense can arise any time/any place due to unforseen random acts of violence. Self defense is a constitutionally guaranteed right under article 21. But the matter of issue of Arms Licenses has been screwed up by MHA by a illegal/unconstitutional order to all states/UTs dated 31.3.2010 to issue licenses only to VIPs etc. only or to people with "provable" threat. Some members at IFG have reported that non congress ruled states are not taking this order seriously but one member has reported that Licensing Authourity in Ludhiana is not even receiving fresh arms license applications citing that MHA order.
is there any rifle association or shooting club in maharashtra near to my district?
Please search under section "Shooting Clubs & Associations in India" of IFG, if still do not find then PM hvj1 or winnie_the_pooh they are from Maharashtra, would be aware about rifle clubs near your location.
I am looking to get a license for a 0.22 or 0.32 pistol / revolver, for target shooting purposes.
For target practice licensing authourity may ask for details of your membership with rifle club or rifle association.
I have a permanent residence (flat) in Mumbai, but am not "local".
Arms licenses are granted to people on basis of their residence(means you should also have papers for proof of residence with you). As per law it does not matter whether applicant is "local" etc.
Can someone please advice me as to where and how I can get a license?
The licensing authourity for Mumbai is DCP(Licensing) For FAQ refer http://www.mumbaipolice.org/faq/arms.htm
Someone who is a retired Intelligence Bureau officer told me of something known as Type 1 citizen, or something like that.....
Whatever this IB officer is saying is pure nonsense as per Arms Act 1959. Two of the objectives among various other objectives of Arms Act 1959 are:
(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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Post by Chaudharys » Wed Oct 06, 2010 3:37 pm

Dear Abhijeet,

I see that you are saying that the S&W .38 Special is not a Prohibited bore in India and that it can be put onto a NPB license. Is that true?? Do kindly let me know. This is the weapon I love! I was ready to get a Prohibited bore license for it! I guess I should'nt need one now!! Do kindly make sure and let me know. I would be so very grateful to you. I have a Chandigarh arms license, I agree that the rules must be be uniform throughout India. Kindly. Many thanks. Regards. Sartaj

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Re: Applying for an Arms License in India

Post by goodboy_mentor » Wed Oct 06, 2010 4:47 pm

.38 Special is NPB. Any ammunition not in Sec. 2(1)(i) and Sec. 2(1)(h) of Arms Act 1959 or not in category I(b) and I(c) of Arms Rules 1962 SCHEDULE -I or if not notified by Centre by a notification is Non Prohibited. Contrary to popular perception, PB firearms do not have any extra "power" or ballistic properties over NPB firearms. PB/NPB is the legacy of the British Raj. It was done by them to ensure that Armed forces and civilians have different bores for their firearms. Purpose: In event of mutiny the ammunition looted from government armories does not fire from civilian firearms. All modern democratic countries today, encourage their citizens to keep firearms in same caliber as armed forces, so that in event of emergency/war there is no logistical problem for manufacture & supply of arms & ammunition to both armed forces and civilians fighting for the country. This PB/NPB concept is the irrelevant in free India, it is because of the ignorance of bureaucrats that it still has a place in Arms Rules 1962.
Example:
1) 9 mm made by IOFB is PB and .357 Magnum is NPB. .357 Magnum is much more powerful than 9 mm
2) 7.62*39 mm of AK 47 is PB, 7.62* 51 mm used in SLRs is PB but 7.62*63 mm(30-06) is NBP. 7.62*63 mm is much more powerful than 7.62*39 mm of AK 47 and also slightly more powerful than 7.62*51 mm
"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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Re: Applying for an Arms License in India

Post by SYED833 » Fri Oct 08, 2010 5:34 pm

The new amendment of arms bill is having its effect..i went to the DC office today and on enquirying how to file a rti and why my verification process is taking ages to complete,,i was taken to the COLLECTORS office and the second in charge of DC told me that due to the amendments of arms bill it will be (quote)'IMPOSSIBLE TO GET A LICENCE FROM NOW ON.NOTIFICATIONS HAVE BEEN SENT TO THE TAHASILDARS AND DISTRICT POLICE TO DISCOURAGE ANY LICENCES. (UNQUOTE).i very seriously doubt if he is going to give that statement in writing..i objected saying that i am well within my rights to be granted a licence and he said i would have to go to court if i was so desperate.
GENTLEMEN, i need advise,ideas,prayers,a club to hit my head with,..any thing that may work..please.

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Re: Applying for an Arms License in India

Post by nagarifle » Fri Oct 08, 2010 6:14 pm

do an RTI ask for clarification on what was said. ie

has a notification been issued to the tahasildar etc to discourage any licences etc if so provide copy.

all so ask if the arms amendments bill has been passed via the parliament, if so give notification etc

put the chaps on the spot. also ask on what ground it has been rejected give arms act and section the rejection based on.
Nagarifle

if you say it can not be done, then you are right, for you, it can not be done.

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Re: Applying for an Arms License in India

Post by goodboy_mentor » Fri Oct 08, 2010 6:34 pm

Arms Act Amendment Bill 2010 has not been passed, it is with Parliamentary Standing Committee on Home Affairs but it hardly matters since notification dated 31.3.2010 has been issued to all states & union territories to not issue licenses to anybody except MP/MLAs/Babus and those with "provable" threat. If licensing authourities are denying arms licenses by following this illegal/unconstitutional notification, they are only following the orders which they are supposed to follow. They are right in saying that you have to approach courts. There are only 2 options either the notification is withdrawn by MHA or High Court is approached to strike this notification down. I would request you to contact NAGRI as to what is the next course of action from us(NAGRI).
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Re: Applying for an Arms License in India

Post by jpc » Sat Oct 09, 2010 3:28 pm

I am unable to understand how District Magistrate / licensing authority can refuse to grant the arm license only based on the Circular , issued by MHA. The circular is issued perhabes under the provisions of Section 13 of the Arms Act , 1959 and the licensing authority is impowered to refuse the grant of Arm License under the provisions of Section 14 of the Act wherein specific exhaustive grounds is mentioned on only that grounds license can be refused . At the time of refusal of Arm License , licensing authority can not consider the grounds mentioned under Section 13 of the Act as Section 14 of the Act is starts with "notwithstanding anything in Section 13 ", and then lays down the grounds for refusal. Therefore , It is crystal clear from the wordings of Section 14 of the Act that at the time of refusal of grant of arm license , licensing authority can not considered any other grounds other than mentioned under Section 14 of the Act for refusal of Arm License.
J.P.Chaturvedi

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Re: Applying for an Arms License in KERALA

Post by laljacob » Sat Oct 09, 2010 5:36 pm

Hi, all:
Can someone provide me with the guidelines to applying for a gun license (.22 rifle) in Kerala for target-practise? I am a member of a disrtict rifle association for 1 year.
Thanks in advance.
Lal Jacob

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Re: Applying for an Arms License in India

Post by goodboy_mentor » Sat Oct 09, 2010 5:52 pm

jpc in my opinion the notification issued by MHA dated 31.3.2010 has been issued under Arms Act 1959 Section 44 "Power to make rules". Section 13 does not delegate powers to Central government to issue notifications. Section 44 (1) says
"The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act."
"the purposes of this act" can be ascertained by reading and understanding the objectives and reasons of the Arms Act 1959:-
Objectives:-
(a) to exclude knives, spears, bows and arrows and the like from the definition of ‘arms’.
(b) to classify firearms and other prohibited weapons so as to ensure –
(i) that dangerous weapons of military patterns are not available to civilians, particularly anti-social elements;
(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;
(c) to co-ordinate the rights of the citizen with the necessity of maintaining law and order and avoiding fifth-column activities in the country;
(d) to recognize the right of the State to requisition the services of every citizen in national emergencies. The licensees and permit holders for firearms, shikaris, target shooters and rifle-men in general (in appropriate age groups) will be of great service to the country in emergencies, if the Government can properly mobilize and utilize them.
Reasons:
Post-independence, the law makers felt that the rigours of the Indian Arms Act, 1878 and the Rules made thereunder continued to make it difficult for law abiding citizens to possess firearms for selfdefence; whereas terrorists, dacoit-gangs and other anti-social or anti-national elements were using not only civilian weapons but also bombs, hand-grenades, Bren-guns, Sten-guns, 303 bore service rifles and revolvers of military type for perpetrating heinous crimes against society and the State.
1) On reading the above objectives & reasons of arms act and the notification issued by MHA dated 31.3.2010 together, it becomes very clear it does not in any way serve the purposes(objects & reasons) of Arms Act 1959 which can be ascertained by reading the objects and reasons of Arms Act. Hence this notification is illegal.
As per Section 44(3) of Arms Act 1959
Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in 1*[two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid], both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
2) If one further reads the point number 3 under Objects of Arms Amendment Bill 2010 it becomes clear that it has almost identical text, language and meaning to the point number 3 in the notification issued by MHA dated 31.3.2010. It becomes clear that Arms Amendment Bill 2010 is nothing but a clever attempt to get the illegal notification legalized by the Parliament(as required under Section 44(3) of Arms Act 1959) by keeping the Parliament in dark.
In my opinion this notification will loose any legal meaning if not laid before each house of parliament within time period as mentioned in Section 44(3), but will become very difficult to contest in court of law if the Arms Amendment Bill 2010 is passed in its present form. Hence we should contact Members of Standing Committee on Home Affairs and inform them of this game by MHA to keep the Parliament in dark about the real & hidden intentions of Arms Amendment Bill 2010.
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laljacob please search the forum, there are separate threads were similar queries have been answered. BTW you can contact your licensing authourity(usually it is the office of District Magistrate/Deputy Commissioner of your area) for the same, you will have to fill application form. But as mentioned in above posts, people are facing great difficulties/refusals getting arms licenses due to the illegal notification issued by MHA dated 31.3.2010 to all States/UTs.
"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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