RKBA

[paragvns]

Greetings to all members,
and specially to Abhijeet, as he has been an inspiration!

I am here after a long gap, cant give any excuses, I was out of touch, that's all.
but here I am, for information and help!
First -
I want to know a few things-
1. Whether a private organisation such as a mall or a hotel has the right to refuse you entry if you are carrying a weapon (off-course with a valid ALL INDIA licence).
2. Whether they have the authority to have the weapon surrendered in their custody. ie. are they authorised to keep the weapon in their lockers etc.

Now, I will tell you what happened, I was invited to a Meeting sponsored my a multinational pharma company, at the hotel Gateway (Taj ganges, Varanasi).
I checked in my car for the valet parking, then i was subjected to a metal detector door, which started beeping.
I was asked (very courteously) by the person on duty, if I had anything else on me????
I replied that I have a pistol and that I have a licence to carry it all over India.
then the head of security was called up, he also was very courteous, he offered me that I should deposit my pistol in their locker and if I wanted, i would be provided with a armed bodyguard(some commando of some sort) for the period of my stay at the hotel premises.

I refused the offer, I asked them if they had the authority to deposit weapons, i was told that it is the SOP (standard operating procedure ) of the hotel (witch has been implemented since the last 3 months )and that they don't have any instructions from any authorities.

I didn't attend the meeting, as I refused to let go of my weapon
I told the security chief, that I will not deposit my weapon in an case.
the organisers of the meeting were called, but they had little say, SO I REFUSED ALL THEIR OFFERS AND couldn't attend the meeting.


Now what I plan to do -
i intend to lodge my protest to the hotel (The Gateway Hotel ie. Taj Ganges Varanasi) and to their corporate office in the following ways -
1. Distt. Rifle Club Varanasi (membership around 1000), we are having the state events next month,(Nov. 10 to 14) now no participants will stay at the hotel gateway (Taj Ganjes Varanasi), and we will condemn the hotel.
2. IMA (Indian Medical Association)(membership 1095) Varanasi will denounce and condemn the said hotel.
3. Benaras Club members (membership 1051) will denounce and condemn the said hotel.

the help I need -
1. I need a well drafted letter which I can send to the said hotel
2. I need a well drafted SMS which I can send to all members of IMA and Benaras Club so that they can forward it.
3. I need all of you to lodge your protests at Email: [email protected]
or 1 800 11 1 TAJ (1 800 11 1 825)
Accessible only from MTNL and BSNL landlines
91 22 6601 1825 from other phones

looking forward to any and all support

Parag

[goodboy_mentor]

A similar experience was faced by Anand at http://indiansforguns.com/viewtopic.php?f=4&t=11068

1. Whether a private organization such as a mall or a hotel has the right to refuse you entry if you are carrying a weapon (off-course with a valid ALL INDIA license).

Hotel is a privately owned place, probably they have the right to decide whom to allow in, but without violating the rights of individual. That is, they cannot say that we allow you in, only after your rights are violated or abridged. Can they infringe/abridge the fundamental and legal rights of the person before allowing in? Probably a good lawyer can answer this.

2. Whether they have the authority to have the weapon surrendered in their custody. ie. are they authorized to keep the weapon in their lockers etc.

I do not think they have any legal authority to keep weapons in their lockers, unless they have obtained a license similar to arms dealers. AFAIK only officer in charge of police station and licensed arms dealers are allowed to keep weapons of arms license holders in their safe custody.

In my opinion the firearm license has been issued as per the law of the land, for self defense which is a fundamental right(legally means license has been issued for enforcement of law of the land as per sections 96 to 106 IPC if the need arises). They cannot override the law and take away the rights of person or substitute the rights of person by providing another person, security etc. etc.

I will certainly email them and also call them over the phone.

[m24]

Parag,

To start with, I suggest you remove your contact details from the post as the same can be misused. Members can always contact you through PM.

Secondly, what you need to do is write to MHA, through an RTI or a clarification seeking information on:
1) whether any order has been passed for private establishments w.r.t such security measures
2) what are the security measures advised by GOI for private establishments.

Also check with Anand if he's in the process of doing the same.

Regards

[Risala]

First -
I want to know a few things-
1. Whether a private organisation such as a mall or a hotel has the right to refuse you entry if you are carrying a weapon (off-course with a valid ALL INDIA licence).
2. Whether they have the authority to have the weapon surrendered in their custody. ie. are they authorised to keep the weapon in their lockers etc.

Parag

1.They reserve the rights of admission
2.They dont have the authority to ask you to handover your weapon,but will give you the option of depositing it in the safe deposit locker for the duration of your stay.In most hotels only you will have access to the locker.
This has happened only post 26/11.

You can write and complain to the Taj,but nothing is going to come out of it....all the ****** hotel chains in India follow the same practice.

Honestly does one really need to carry a fire arm when you go to a mall,hotel,multiplex,hospital ....things arent so bad...at times we do go overboard.

[agarwalratan]

can anyone tell me what is the legal position of retainer in arms liscence

[goodboy_mentor]

can anyone tell me what is the legal position of retainer in arms license

Retainer-ship of retainer lies completely at the pleasure of arms license holder. Retainer can keep, carry and use the weapon as a retainer, only as long the arms license holder authorizes him to be a retainer. The license holder can anytime, revoke the retainer-ship at his pleasure. Retainer does not have any ownership rights etc. on the weapon. In event license being suspended, revoked or expired, or in case of death of the license holder, the retainer-ship will cease. In order to keep the weapon further, the retainer will have to apply for fresh license in his own name. Example of retainers: Bank guards. Some banks have license in their name and appoint guards as retainers.