import law.any i dea

[dr.jayakumar]

as i am about to file a writ on importing weapons;can anyone post why were we banned to import guns after 1984?,on what grounds.was it operation blue star or asssaination of our Prime ministe?/.kindly give a good account of all this.i need this information;,lawers ,beaurocrats,my humble friends,i call upon all of you to find this,every help will be appreciated.

[ebenezer]

Dr Jayakumar,

I would suggest that you take the help of Mr Pandian, owner of Pandian Armoury in Chennai and a member of this forum. He is not very active in the forum, so contact him by phone. He himself is a leading lawyer and has fought many arms cases. He specializes in arms act and rules.

Regards,
Ebenezer

[dr.jayakumar]

yes i will,can you give me his number,address or email address?

[veeveeaar]

God bless you dr. jayakumar

[SYED833]

hi dr.jayakumar..
dont know if you saw this thread..i just came across this..


http://indiansforguns.com/viewtopic.php?f=4&t=4066

[ebenezer]

Dear Dr Jayakumar,

I just checked my mobile, his number is not there with me. It should be there in our IFG yellow pages section in southern region

[dr.jayakumar]

will talk to mr.pandian tommorow got his number.i just checkted the topic on import by syed .nothing seems clear.i had my lawyer discuss with a senior in chennai,no one has any idea about it.meanwhile one of my friend had told me that around 1984 punjab and andra had imported lot of weapons which weren't reported.so called cause for banning import,if so,the authorities involved should be punished not the civilians .i still have to get lot of paper,some of my friends suggested that i ask for a written letter from mha for excempt to import guns and when they deny using the law,i should proceed with filling a writ.oophs.will do it some how.thanks everyone.

[ebenezer]

Good. All the best for your efforts. Do drop in if you happen to come to chennai.
Ebenezer

[dr.jayakumar]

Good. All the best for your efforts. Do drop in if you happen to come to chennai.
Ebenezer

once this case strarts happening i will have to frequentl to chennai.hope we meet by then.seems very complicated,but we can do it,i beleive!lot of anticipation and expectations,have to do it somehow.i forced this upon me!!!

[goodboy_mentor]

Wishing you victory in this writ. IMHO before filing in writ the lawyer should ensure a watertight case something like:

1) Convince the court that RKBA is a fundamental right guaranteed by the Constitution. I have tried to explain this in detail at http://indiansforguns.com/viewtopic.php ... 85#p117785

2) When there is a specific act(Arms Act 1959) to co-ordinate the rights of citizens, resort should be made to the specific act instead of general acts/exim policy/Customs Act 1962/Baggage Rules 1998 etc. Hon’ble Supreme Court, in the case of Suresh Nanada Vs C.B.I 2008 AIR 1414 held that: The Act (Passport Act) is a special Act relating to a matter of passport, whereas Section 104 of the Cr.P.C. authorizes the Court to impound document or thing produced before it. Where there is a special Act dealing with specific subject, resort should be had to that Act instead of general Act providing for the matter connected with the specific Act. As the Passports Act is a special act, the rule that ‘general provision should yield to the specific provision’ is to be applied. See : Damji Valaji Shah & another Vs. L.I.C. of India & others [AIR 1966 SC 135]; Gobind Sugar Mills Ltd. Vs. State of Bihar & others [1999(7) SCC 76]; and Belsund Sugar Co. Ltd. Vs. State of Bihar and others [AIR 1999 SC 3125].

3) Since RKBA is a Constitutionally guaranteed fundamental right, Section 10 of Arms Act 1959 says that if arms license allows a person to own a particular firearm, the license holder has the right to import a firearm of that particular category without a license for importing it. In my opinion the points mentioned by penpusher at http://www.indiansforguns.com/viewtopic ... rt=0#p7583 are valid. Add to it that no policy of the government can be above an Act of the Parliament and the Constitutionally guaranteed Fundamental Rights.

In view of points 1, 2, and 3 the import restriction is not only illegal but also unconstitutional.

can anyone post why were we banned to import guns after 1984?,on what grounds.was it operation blue star or asssaination of our Prime ministe?

Firearms fall under the restricted category of Exim Policy (1997-2002) Reference http://yedhulaprakash1.lawyersclubindia ... n-1557.asp Since it is unreasonable, illegal, unconstitutional restriction, probably the stated reason would have been "national security" or similar excuse. The real reason seems to be to create monopoly for IOF and protect it. Also if IOF escalates the prices, firearms will be out of reach of common citizens.

can you give me his number,address or email address?

Please refer http://indiansforguns.com/viewtopic.php ... 657#p75116

some of my friends suggested that i ask for a written letter from mha for excempt to import guns and when they deny using the law,i should proceed with filling a writ.

It is not necessary if we consider points 1, 2 and 3 mentioned above.

[boris]

looking at the current situation and the change in gun law,import restriction to be lifted has a very nano-probability

[goodboy_mentor]

On the contrary, I feel the case has high probability of success if properly contested. How does import restriction affect the "current situation"? A person who has been issued a firearm license, he is anyways going to purchase the firearm. How does it make any difference to the "current situation" if he buys from IOF instead of importing it? Please read and understand the points I have mentioned in my post above.

Which "change" in gun law are you referring to? There is only one gun law in India i.e. Arms Act 1959. It has not been changed for last couple of years. If you are referring to Arms and Ammunition policy by MHA issued on 31.3.2010, it is illegal and has no legal value.

[boris]

i meant sir the part where the threat should be "grave and imminent".

if properly imposed we could get we want but our dear bureacrats wont allow it where they will definately say "so what if sikh insurgency is over!!naxals are still there they will get sophisticated arms if we allow imports"

also even if the import ban is lifted until we arent allowed access to more than 50 rounds of ammo per year its of not much use,if you cant fire say a glock,sig once a week(for which i say 50 rds is paltry)whats the use??

i remember 2 years back a certain IPS officer in a club tell some gun enthusiasts "china has such strict laws atleast here you have luxury to buy firearm"

one of the guys then said "sir,what luxury are you talking about??,we have to ask police officers for importing an toy airsoft gun just that under some pretext customs dont allow the gun to be passed"

[essdee1972]

Dr. Jayakumar,

Wish you all the very best in this fight... In case you need any help from a layman, please call on me.

[dr.jayakumar]

hi friends,as said earlier i have been trying to find out the reason why import was banned,no clue at all.even few high court leading lawyers were not able to guide.so i am planning to place an RTI about this law to the home ministry.and once they reply, will proceed with the writ.if any one has even a smallest knowledge kindly feel free to post me.my email [email protected] for all the blessings and support.