Request Procedure to Import a Weapon

[ravineet]

My father is a US citizen. He bought a Desert Eagle in US last year. Now he is planning to shift to India. Presently he doesnt have dual citizenship.
How does he get his weapon to India.

Thank You.

[nagarifle]

or a person who is doing a TR, who has owned the firearm for 1 year or more.(keep receipt) can if one has Indian licence for the same or obtains one can bring one firearm with them.

[mundaire]

Citizenship has nothing to do with Arms License, the law is basically concerned about your place of residence. Hence, even if you are a foreign national but are normally (& legally) resident in India (more than 6 months/ year) you can apply for an Arms License. So if your father is coming to India on a long term resident visa and has applied for Transfer of Residence (don't know the exact visa terminology), he may bring the firearm back with him. However, keep in mind:

On arrival he must declare the firearm to customs, letting them know that he is entering India on Transfer of Residence he must also show proof of ownership (1+ years) in USA. They will then confiscate the firearm and issue him a slip.

He must then apply for an Arms License for the type of firearm he has imported.

On successfully getting an Arms License, he may then take it to the customs officials and have it entered on said license. Said firearm can never be sold/ transferred/ gifted for the term of his natural life.

I've never experienced any of this first hand (import on TR), but others here have. You may want to search for their posts here on IFG in this regard.

Cheers!
Abhijeet

[winnie_the_pooh]

Abhijeet,

Import on TR is for Indian citizens alone.

[nagarifle]

Abhijeet,

Import on TR is for Indian citizens alone.

beg to disagree with this. as per the baggage rules it says: to permit persons bringing their personal effects under the TR rules. to bring in one firearm. there is no implication of Indian Citizens only.

Import of fire arms as baggage

23. Import of firearms is strictly prohibited. Import of Cartridges in excess of 50 is also prohibited. However, in the case of persons transferring their residence (as per conditions specified in the rules) to India for a minimum period of one year, one firearm of permissible bore can be allowed to be imported subject to the conditions that:

the same was in possession and use abroad by the passenger for a minimum period of one year and also subject to the condition that such firearm, after clearance, shall not be sold, loaned, transferred or otherwise parted with, for consideration or otherwise, during the lifetime of such person
The firearms are allowed in such cases on payment of applicable duty provided the passenger has a valid arms licence from the local authorities.


http://www.cbec.gov.in/travellers.htm

[ravineet]

Thank You everybody,

Maybe if someone has first hand experience can tell about practical difficulties/hurdles.

Ravineet

[winnie_the_pooh]

Naga,

Please read this also

However, in the case of persons transferring their residence (as per conditions specified in the rules) to India for a minimum period of one year, one firearm of permissible bore can be allowed to be imported subject to the conditions that:............2) the passenger has a valid arms licence from the local (Indian) authorities;

License is issued only to a) an Indian Citizen or b) a foreigner coming to India to participate in a sporting event

[nagarifle]

Citizenship has nothing to do with Arms License, the law is basically concerned about your place of residence. Hence, even if you are a foreign national but are normally (& legally) resident in India (more than 6 months/ year) you can apply for an Arms License.
Abhijeet

[goodboy_mentor]

License is issued only to a) an Indian Citizen or b) a foreigner coming to India to participate in a sporting event

Not necessary that foreigner has to participate in a sporting event. It is correct that citizenship has nothing to do with arms license, the law is basically concerned about your place of residence. Please refer the judgment of Gujarat High Court in Ashokkumar Harakchand Shah vs State Of Gujarat on 4 April, 2000 at http://www.indiankanoon.org/doc/436661/

[Risala]

License is issued only to a) an Indian Citizen or b) a foreigner coming to India to participate in a sporting event

Not necessary that foreigner has to participate in a sporting event. It is correct that citizenship has nothing to do with arms license, the law is basically concerned about your place of residence. Please refer the judgment of Gujarat High Court in Ashokkumar Harakchand Shah vs State Of Gujarat on 4 April, 2000 at http://www.indiankanoon.org/doc/436661/

Quoting from the judgement above
"In Section 13(3)(a)(i) it has been provided that the licensing authority shall grant a licence under Section 3 i.e. Licence for acquisition and possession of firearms and ammunition - to a citizen of India and thus licence under S.3 is to be granted only to citizens and not to any person."

[nagarifle]

it saddens me to learn that we quote part of something to prove our point.
if one reads the complete judgment as per above please go to the last part and see what the judgment says;

22. Thus the founding fathers of the Constitution have also kept in view the distinction between 'person' and 'citizen' and while certain fundamental rights have been made available to all the persons, certain other fundamental rights have been kept confined to citizens only. The Constitution of our country is the fountain source of law and the laws are enacted by the Legislature under the Constitution, while considering the provisions of the enactments made by the Parliament or the State Government, guidance can always be taken from the wholesome provisions of the Constitution. If the founding fathers of the Constitution have kept the distinction of 'person' and 'citizen' in mind while framing the Constitution and such Constitution has been given by the people of India to themselves, there is ample justification for taking it as a guiding principle while interpreting the provisions of the different Statutes whether Central or State. I, therefore, find that so far as the eligibility to apply for licence under the Arms Act is concerned, there is no restriction against the persons or citizens except as provided in the Act with regard to the licence meant for a particular type of weapon

[19. The upshot of the aforesaid adjudication is that the impugned order dt.20.3.98 as was passed by the District Magistrate, Valsad and the impugned order dt.15.6.99 as has been passed by the Deputy Secretary, Home Department, Government of Gujarat cannot be sustained in the eye of law. The same are hereby quashed and set aside. The concerned licensing authority is directed to entertain the petitioner's application for grant of the licence, as has been prayed by him, and such application shall be considered on its merit, in accordance with the provisions of S.13(3)(b) of the Arms Act and shall not be rejected only on the ground that the petitioner is not a citizen of India. Such order shall be passed at the earliest possible opportunity but in no case later than six weeks from the date the certified copy of this order is produced before such authority. This Special Civil Application is allowed in the terms, as aforesaid and rule is made absolute. No order as to costs.]

[winnie_the_pooh]

Naga,

Courts are not infallible and an interpretation by one court some times does not find acceptance in another. In many instances,if you can quote some court orders in your favour there are an equal number against you.

[nagarifle]

Naga,

Courts are not infallible and an interpretation by one court some times does not find acceptance in another. In many instances,if you can quote some court orders in your favour there are an equal number against you.

agree to a point, however can you give in this instance where a court has turn down a non-Indian citizen regarding arms licence?

you and i do not make the law, even at this point we are agree to disagree.

[winnie_the_pooh]

Naga,

I would be surprised if any licensing authority is willing to give a license to a foreigner staying in India. So even if we go by this interpretation,it is for all intents and purposes moot.

[goodboy_mentor]

I would be surprised if any licensing authority is willing to give a license to a foreigner staying in India.

Your observation is correct to the extent that behavior of licensing authorities is arbitrary, but this is not happening only with foreign citizens residing in India but also happening with many citizens of this country. What options do these persons(both citizens and non citizens) have, whose license applications have been rejected by Licensing Authority and Appellate Authority? Nothing other than approaching High Court and obtain a writ. The same was done by the arms license applicant in Ashokkumar Harakchand Shah vs State Of Gujarat case.

So even if we go by this interpretation,it is for all intents and purposes moot.

As per your logic if licensing authorities deny arms licenses, any legal interpretation of Arms Act 1959 is mute. A legal interpretation does not go mute just because licensing authority decides in error or arbitrarily decides to deny issuing an arms license. Just read this to get an idea of what the licensing authorities are doing http://indiansforguns.com/viewtopic.php ... 8&start=15