Every citizen has a right to keep arms

[prashant1987]

i heard about a judgement of Allahabad high court in which the Honable judge has said that each and every citizen who is not involved in criminal activities is entitled to have a gun licence. i am trying to get copy of the judgement . if anyone can help getting that judgment or any other similar cases from the supreme court or the high courts then please paste it here !

[pran80]

Prashant, here is the link
http://www.indiansforguns.com/viewtopic.php?f=3&t=12232

Regards,

[prashant1987]

thank you pran80. I will show this judgement to the police office where my brother's file is stuck up due to their argument that only people with grave danger to their life can apply for the licence. also they are not in a mood to show me the copy of the notification which says so.

[nagarifle]

thank you pran80. I will show this judgement to the police office where my brother's file is stuck up due to their argument that only people with grave danger to their life can apply for the licence. also they are not in a mood to show me the copy of the notification which says so.

do an RTI

[SYED833]

its all a time game,and a knowledge game..the better informed you are,the better it is for you..take a copy of the arms act,and the judgements related to arms licences,.always be polite,and patient..if all else fails,,RTI WILL WORK..
all the best..

syed..

[prashant1987]

I took the judgement and some extracts from the arms act but to no success. The officials now say that a new notification from MHA says that people who have recieved threat or whose life is in grave danger can be granted a licence. That is something really undemocratic. Guys, is there any kind of notification like that ?? If there is something like that, please post a copy or a link.

[SYED833]

prashat1987,

there is a MHA order,,but not yet a law as far as i know..i faced the same problem,,but then i asked my cop as to how should i go about proving a threat to my life in his office..he gave me a wicked look,but he did grant me his permission..i had to wait for over 3 months for that to happen..but this is a small town,where i come from..things may happen differently in delhi..Is this your local SI ? In the file that he has, is it specifically mentioned that he investigate weather there is threat to life? if not,could you mention what points are you being investigated upon..

syed.

[goodboy_mentor]

a new notification from MHA says that people who have recieved threat or whose life is in grave danger can be granted a licence.

This MHA notification is plain illegal and unconstitutional. Courts have already held that it is a citizen's right to obtain an arms license. Moreover RKBA is a fundamental right guaranteed by Constitution, under Articles 19 and 21, though no court has uttered this till now, probably because nobody took this up in a proper manner. I have tried to explain this at http://indiansforguns.com/viewtopic.php ... 15#p117785
No point in arguing personally with them, be patient and polite with them. What have they written on your file? Have they put in writing on your file that they are declining due to MHA notification? Chances are 99% they will not write this because they know the MHA notification is illegal. If you feel that your file is not moving, you may try doing RTI to know what is going on with your file http://indiansforguns.com/viewtopic.php?f=4&t=10826

[dr.jayakumar]

do you all think if a knowledged lawyer accompanies,will help.

[goodboy_mentor]

It may or may not help. Personally I do not think taking a lawyer will help. Delhi Police is directly under MHA. They may simply say that we are bound to follow the MHA notification, if you have any grievance with the notification, please approach MHA or High Court to get the notification withdrawn.

[prashant1987]

thanx mentor, the topic had some interesting explanations about the arms act and rights of the citizens.
First of all, my brother's file is at the DCP office waiting to be sent to the last office, i.e. the Joint commissioner office for the final recommendation. All of the enquiry has been done and each and every office from the Police chowki to the DCP office has recommended the grant of licence but the final word remains with the joint commissioner. we appeared before him and he asked the same question about any threat to life. After getting a negative, he said that let the file come to my office and i will see what to do.

The biggest problem is the office staff of our city's police offices. They are not in a mood to send the file to the commissioner's table. I think an RTI is the last way to find out whether there is any kind of notification that is restricting these people to grant licences.

[goodboy_mentor]

After getting a negative, he said that let the file come to my office and i will see what to do.

"I will see what to do" is the usual reply. Wait and see what he decides to write on file.

I think an RTI is the last way to find out whether there is any kind of notification that is restricting these people to grant licences.

Yes RTI should be the last option. There is no need to do RTI to get the copy of the MHA notification, it's copy is already available on this website. If you are not able to find it, just send me a PM, I will email the copy of the notification to you.

[Anand]

One of the biggest problems is that no officer is willing to take responsibility, so he will usually put in some thing in the file that will now have to be sent to a higher officer for adjudication. Now unless you "follow up" your file diligently, nothing will move forward . In such a case where the file does not move forward,the usual routine would be to go to the higher authority (through influence or other wise) and have the file called for.
There could be any number of reasons for a file not moving forward, one of which could be "informal instructions" not to allow it forward (even if the law is clear in such matters). The usual ploy is to give as much grief and run around as possible to dissuade and discourage arms license applicants.

Another problem is of files getting "lost", when there is no accountability, as to what should happen if a file gets lost, as in who should be held responsible or punished, then any file can be made to get "lost".
The usual way our government works is deny every thing (including rights of citizens).

The most unfair thing is that, after all requirements have been met, it looks as if the officer is doing everything in his power to still deny the applicant a license citing either the lack of a threat, or lack of competition or fitness certificates or lack of proof of IT returns, or some other silly reason. The most important requirements such as establishment of identity, residence verification, verification of criminal conduct and mental status (if of unsound mind) are the quickest and easiest to do. The rest of the "file follow up procedure" is the one that is totally in the hands of the government.
Regards,
Anand

[goodboy_mentor]

@prashant1987
This is in reply to your PM , for some reason my reply is stuck in outbox since yesterday.

Please copy the entire link within inverted commas "http://mha.nic.in/pdfs/ArmsPoss(E)130510.pdf" and paste in new browser window and you will be able to directly download the notification from MHA website.

Alternately just type ArmsPoss(E)130510.pdf in search box of google, the topmost search result will bring up the link.

[mundaire]

Further to the MHA directive dated 31-03-2010 the Govt. of NCT of Delhi has issued it's own arms policy policy of GNCT vide no. F.13(44)/2007/HG/3463- 71 dt. 08-07-2010

Please see http://delhipolicelicensing.gov.in/list ... 2011/G.pdf