Arms License from J&K ..

[captrakshitsharma]

Hi All,
I was informed by a friend a few days back that the current order of not issuing licenses without a grave and imminent threat to life and the restriction of All India is also not applicable there. I am told that J&K can still issue All India Licenses.

A few questions arose in context some previous conversations that i had had with some forum members.

1. Can this be true( that Mr. PC 's directives are not applicable)?
2. Is a J&K license looked upon suspiciously and if so can anyone challenge it if it is legal and not hanky panky?
3. I have heard of dealers not entertaining people when they want to buy a Weapon or Ammo if they hold an Arms License from J&K.
4. If suppose you hold an All India validity license from J&K can you be stopped and not allowed in that area.(Talking specifically about J&K and considering that all all india validity licenses are subject to local regulations. Can a local authority say that they will allow all licenses except the ones issued in J&K)
5.Can someone challenge the legality and not recognize the license in the union of India.

Regards
Rakshit.

[Anand]

Hello capt., I am not a lawyer, and below is only my opinion, so please take it with a lot of salt

1. Mr.PC's or anyone's directives have to be rooted in law. They cannot be contrary to the law. Of course the enforcers can "unofficially" be given "instructions" to do just that.
2.Any license issued in accordance with the law must be recognized as such, whether it is accepted or not by some dealer is a different matter. If a dealer does not want to do business with you because of a suspicion on your license, he is entitled not to. He cannot be forced to do business with you. Even if you go to Court, you will probably have to prove that there was some sort of discrimination against you.
3.True
4 AFAIK, a local authority can say anything he wants and impose any restrictions he chooses with regard to arms licenses, if he does not want to recognize All India Valid licenses then he does'nt have to, but he must have a very good reason for it and the imposition of such must be in writing.
5. Anyone could challenge the legality of the license and choose not to recognize it I guess, but it would be far easier to verify the "genuineness" of the license by calling the issuing authority.

More enlightened souls will no doubt better answer your questions.
Regards,
Anand

[goodboy_mentor]

1. Can this be true( that Mr. PC 's directives are not applicable)?

Yes it can be true. The Constitution of India applies to the State of Jammu and Kashmir with certain exceptions and modifications as provided in article 370 and the Constitution (Application to Jammu and Kashmir) Order, 1954. Discussion about Article 370 can be read at http://en.wikipedia.org/wiki/Article_370 BTW the PC's directives are illegal and unconstitutional even in the rest of Union of India.

2. Is a J&K license looked upon suspiciously and if so can anyone challenge it if it is legal and not hanky panky?

It is not only J&K licenses, licenses from various parts of the country are looked at suspiciously. If someone challenges the authenticity of any license, its authenticity can be verified from the issuing licensing authority.

3. I have heard of dealers not entertaining people when they want to buy a Weapon or Ammo if they hold an Arms License from J&K.

I have also heard the same not only about J&K but also about licenses from other parts of the country. If someones license is genuine I do not think this should be a cause of worry.

4. If suppose you hold an All India validity license from J&K can you be stopped and not allowed in that area.(Talking specifically about J&K and considering that all all india validity licenses are subject to local regulations. Can a local authority say that they will allow all licenses except the ones issued in J&K)

They cannot say this legally. But they can play games as usual they play games with licenses from every other place.

5.Can someone challenge the legality and not recognize the license in the union of India.

Anyone can challenge the legality of anything in court of law. Main question is can the allegation be sustained in court of law? No the allegations cannot be sustained if the license has been issued by a legally competent authority and the applicant did not suppress any facts or provided fabricated information/documents.

[captrakshitsharma]

Thanks for the info. would love to see some other points of view on it..@ goodboy..i knew you would be the first to reply but anand beat u to it..lol..thanks again guys..

-- Fri Mar 25, 2011 2:43 pm --

Just spoke to a dealer in merrut and he says they "AVOID" J&K licenses and stay away in dealing with them. He says unless held by an army officer he never sells anything to anyone with a J&K license unless they get a local transit license from merrut itself.