I have a pistol and revolver licence with a validity marked "All India" issued by the collector in Jodhpur, Rajasthan when I retired from the armed forces.
Next, while in Chennai, it was restricted to "Chengai Anna District" and now I am in Bangalore where it has been renewed without any restriction being mentioned. The clerk in the Police Commissioner's office tells me that when a restriction is placed, the "All India" is circled which has not been done on my licence. Even so he says that it is 'better' to take a letter if I need to transport it out of Bangalore since All India validity is given only by the Centre - obviously my All India validity was issued before such a rule existed. Is my licence invalid for use All India?
Shyam
All India Validity
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goodboy_mentor
- Old Timer
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Re: All India Validity
The licensing authority for all India licenses are State or Central Government. District Magistrates are now only renewing authority for all India licenses and renew them by following Section 15 of Arms Act 1959 and Rule 54 of Arms Rules 1962.
In this matter the district magistrates are subordinate to State and Central government.
Authorities subordinate to the issuing licensing authority cannot vary the conditions of license.
In short arms license is not some kind of "grant" or privilege granted to you by government which can be changed or revoked as per personal desires of government but arms are your fundamental right under Articles 19 and 21 of the Constitution of India. In other words any changes to the conditions of license cannot be done as per whims and fancies of officials. The changes to the conditions of license have to be done by following the due process of law as mentioned in Section 17 of Arms Act 1959 and Rule 53 of Arms Rules 1962. Was the due process of law followed to make changes to the conditions of your license?
In this matter the district magistrates are subordinate to State and Central government.
Authorities subordinate to the issuing licensing authority cannot vary the conditions of license.
In short arms license is not some kind of "grant" or privilege granted to you by government which can be changed or revoked as per personal desires of government but arms are your fundamental right under Articles 19 and 21 of the Constitution of India. In other words any changes to the conditions of license cannot be done as per whims and fancies of officials. The changes to the conditions of license have to be done by following the due process of law as mentioned in Section 17 of Arms Act 1959 and Rule 53 of Arms Rules 1962. Was the due process of law followed to make changes to the conditions of your license?
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992
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Shyam
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Re: All India Validity
Thank you goodboy_mentor. Not being legal savvy I could get only limited insight by looking at the Act & Rules you had mentioned. The licence was issued to me by the Collector (or District Magistrate may be) in 1987 with All India validity - since no specific restriction has been made while renewing by Bangalore Police (now my permanent residence)can I take it for granted that it has All India validity? I need to travel to Pune with one of the weapons endorsed on the licence. Like I said the concerned clerk told me it is "better" to take a letter which I do not want to do if it is not legally required.
Shyam
Shyam
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goodboy_mentor
- Old Timer
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Re: All India Validity
Since you are able to see and read your license, you are the best person to decide what kind of impression it gives to someone reading your license. Since the level of understanding of Arms Act and Rules is the way it is with average policeman in this country, unless the license clearly shows that it is valid for all India, there is no harm in taking a letter from licensing authority or renewing authority saying that your license is valid for all India.
Alternatively get your license corrected/stamped in a manner that clearly shows it is valid for all India.
Alternatively get your license corrected/stamped in a manner that clearly shows it is valid for all India.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992
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Shyam
- Fresh on the boat
- Posts: 3
- Joined: Fri May 25, 2012 2:26 pm
Re: All India Validity
Thank you again - I follow what you have said.
The license is clearly marked with All India validity - the clerk is asking me to take a letter to transport it between states/cities in spite of that 'to be on the safe side' - now that you have explained the legal position, I think what he is suggesting is unnecessary.
Shyam
The license is clearly marked with All India validity - the clerk is asking me to take a letter to transport it between states/cities in spite of that 'to be on the safe side' - now that you have explained the legal position, I think what he is suggesting is unnecessary.
Shyam