can a airsoft pistol be a firearm as per Arms act 1959?

[striker]

Hi Guys ,
Recently i saw a peculiar "show cause notice" from Air cargo intelligence,chennai for importing a airsoft pistol & 6mm plastic BB. they have made the exact statement below :


The forensic science department letter dated xx.xx.2010 ,had certified that the gun was excluded from the provision of the Arms Act 1959” provide that the exemption hereby granted shall be subjected to the following conditions namely :it shall not be deemed to render lawful the import of Arms & Ammunition through the medium of post office “.
The result is :
a) Item 1 was 6mm caliber air soft pistol ; it’s a firearm as defined in the arms act 1959.
b) Item 2 are the pellets for the pistol item 1.

The Post parcel containing a Airsoft pistol)metal) along with one packet plastic pellets was misdeclared and also prohibited to import by post which is a violation of the customs act,1962 read with arms act 1959.Postal act and the condition of the universal postal union .shri xxxx has not produced lisence issued under the arms act, 1959

The model of air soft pistol is M9a1 co2 gbb airsoft pistol

http://www.popularairsoft.com/news/full-metal-kj-m9a1


My question
1)is the statement true?
2)if not what is the fact and how to educate them and reference pls ?

mundaire ,winnie the pooh ,nagarifle other ifg Legal experts /members pls shed your lights

[goodboy_mentor]

The forensic science department letter dated xx.xx.2010 ,had certified that the gun was excluded from the provision of the Arms Act 1959”

The forensic science department says the gun was excluded from the provision of the Arms Act 1959. Now where is the problem? If something is not arms/ammunition, that is why forensic department says it is excluded from the provision of Arms Act 1959. When the provision of Arms Act 1959 is not applicable, the question of exemption from the provision of Arms Act 1959 or provisions related to Arms/Ammunition in other laws(Customs Act 1962, Postal Act and the condition of the universal postal union) or even the requirement of license does not arise. How it has been "misdeclared"? Do they want it to be "declared" as Arms/Ammunition even though Arms Act 1959 does not apply? If yes, then it is something absurd.

it’s a firearm as defined in the arms act 1959.

As per Arms Act 1959 Section 2. Definitions and interpretation:

(c) "arms" means articles of any description designed or adapted as weapons for offence or defense, and includes firearms, sharp -edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;

This airsoft pistol has already been certified by forensic science department to be excluded from the provision of Arms Act 1959. If we also further apply our mind, it becomes clear it cannot be used as a weapon of offense or defense. It is a toy. Rather a imitation firearm. Imitation firearms are not considered to be arms or firearms under Arms Act 1959.

Item 2 are the pellets for the pistol item 1.

Firearms are subset of arms. When the item 1 is not an arm, it cannot be a fire-arm. When something is not a fire-arm, it cannot be called a pistol under Arms Act 1959. If item 1 is not a pistol under Arms Act 1959, item 2 cannot be considered ammunition for item 1 merely because item 2 has been identified with the use of word "pellets".

[mundaire]

Airsoft are not covered by the Arms Act as they do not fit the description of either firearms or other arms.

They are toys/ toy guns and are being imported regularly as demonstrated by easy availability in many toy/ sports shops.

[Rajat]

Striker every person on this forum understands whats going on here. Goodboy and Mundaire have elaborated.

This is just another frustrating example of the typical idiotic Indian Babugiri.

[striker]

Goodboy Mentor and Mundaire thanks for great info .

-- Fri Dec 17, 2010 4:53 pm --

This is just another frustrating example of the typical idiotic Indian Babugiri.

But how to cut their idiotic tails

[Rajat]

This is just another frustrating example of the typical idiotic Indian Babugiri.

But how to cut their idiotic tails

This is the question that they know we will ask ourselves and stop from proceeding further. Make appeals to their seniors, go to the courts. All in All: an utter waste of time. The matter may stay pending for months if not years looking at the condition of the existing legal system. They know this and that the average Joe will not proceed further. They win.

The only way out is knowledge and persistence.

[goodboy_mentor]

But how to cut their idiotic tails

You do not need to make "appeals" or go to courts for this matter. I have already tried to explain in my post above to the best of my ability. If you want to proceed, you have at least three options:

1) Try to convince them verbally in a polite, reasonable and logical manner, explaining Arms Act 1959 is not applicable. If they do not listen choose step 2 or 3.

2) Write down an application in a polite, reasonable and logical language, explaining clearly that Arms Act 1959 or other laws are not applicable. Make a photocopy of the same. Submit the original application and get acknowledgment on the photocopy. Chase them. If nothing happens after few days, chase your application using RTI Act 2005 to know the status of your application.

3) Write down an application in a polite, reasonable and logical language, explaining clearly that Arms Act 1959 or other laws are not applicable. Send by registered post/Speed Post. Chase them. If nothing happens after few days, chase your application using RTI Act 2005 to know the status of your application.

[striker]

But how to cut their idiotic tails

You do not need to make "appeals" or go to courts for this matter. I have already tried to explain in my post above to the best of my ability. If you want to proceed, you have at least three options:

1) Try to convince them verbally in a polite, reasonable and logical manner, explaining Arms Act 1959 is not applicable. If they do not listen choose step 2 or 3.

2) Write down an application in a polite, reasonable and logical language, explaining clearly that Arms Act 1959 or other laws are not applicable. Make a photocopy of the same. Submit the original application and get acknowledgment on the photocopy. Chase them. If nothing happens after few days, chase your application using RTI Act 2005 to know the status of your application.

3) Write down an application in a polite, reasonable and logical language, explaining clearly that Arms Act 1959 or other laws are not applicable. Send by registered post/Speed Post. Chase them. If nothing happens after few days, chase your application using RTI Act 2005 to know the status of your application.

Thanks good boy hope 3 scissors are effective over the tail