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The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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nagarifle
- Old Timer
- Posts: 3404
- Joined: Sat Oct 06, 2007 1:43 pm
- Location: The Land of the Nagas
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by nagarifle » Fri Jan 06, 2012 1:47 pm
andy_65_in wrote:hi goodboy what abt endorsement of the sale in my licence since i already own a weapon on it-who does this.also after 45 days notice can i sell my weapon to a licenced buyer without permissionn form anyone-
one needs to submit a 45 days notice of intend to sell to the issuing office, stating to whom you are selling. depending on your office they may make you wait then issue you with an NOC or they may give it sooner. if within the district then its easy if out side the buyer may want to see a noc. once sold get a receipt/sales deed and copy of the buyers licence etc and write another application to have the arms listed to be removed and a purchaser order issued to you for the same cal.
something like the above is done in my area. so can not say what they want in your neck of the sticks.
Nagarifle
if you say it can not be done, then you are right, for you, it can not be done.
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goodboy_mentor
- Old Timer
- Posts: 2928
- Joined: Sun Dec 07, 2008 12:35 pm
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by goodboy_mentor » Fri Jan 06, 2012 2:35 pm
Yes nagarifle has explained the matter. It is more or less done in a similar manner everywhere.
Basically it means that if your licensing authority keeps quiet/does not object after receiving your 45 day notice, after the expiry of 45 day notice period you can sell your weapon as licensing authourity is already intimated by you. If the purchaser desires for his satisfaction, you can also show him the acknowledgement of receipt of your submission of 45 day notice. After you sell the weapon, the purchaser will have to get the weapon endorsed on his license by his licensing authority and you will have to take sale receipt/sale deed and copy of the buyers license and meet your licensing authority to have the firearm listed to be removed from your license to purchase another one by getting time period for fresh purchase.
Most probably your license is on Form III, I am attaching its copy as attachment below with this post. Read points 6 and 13. It should clarify.
You do not have the required permissions to view the files attached to this post.
"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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andy_65_in
- Shooting true
- Posts: 709
- Joined: Sun Apr 15, 2007 11:57 am
- Location: Dehradun,Uttarkhand
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by andy_65_in » Sat Jan 07, 2012 12:29 pm
thank
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sallu
- Learning the ropes
- Posts: 46
- Joined: Sun Jul 26, 2009 10:52 pm
- Location: mumbai
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by sallu » Sat Sep 08, 2012 8:41 pm
Dear all,
why no one is talking on all india permit , bhai mai thak gaya temp permit pe travel karte hue.
when all india is going to start any idea.
Thanks.
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darashp
- Almost at nirvana
- Posts: 116
- Joined: Sun Jul 11, 2010 11:29 am
- Location: United states of ludhiana
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by darashp » Sun Sep 30, 2012 7:14 am
Dear Sallu ji,
Nobody is talking about all india permit b,cos govt have banned in anyhow conditon instead of some sports category,so if u wanna 2 endorse ur licence with all india perform in sports otherwise there is no chance to open A I V from this govt, they r giving three states permission to vvips for which u have to stand on heels to get that.
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sallu
- Learning the ropes
- Posts: 46
- Joined: Sun Jul 26, 2009 10:52 pm
- Location: mumbai
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by sallu » Thu Jan 03, 2013 12:27 pm
Dear All,
Today i got news from my D.M office that they have started 3 states permit and some people have got 3 states endrosed also, as my licence is from U.P and i have major bussiness in Mumbai.
So please tell me is it true?
Please share yours exp.
Thanks
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thegunner
- Fresh on the boat
- Posts: 7
- Joined: Fri Oct 08, 2010 8:38 pm
- Location: New Delhi, India
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by thegunner » Thu Jan 03, 2013 1:00 pm
Dear sallu
Only 3 adjoining states will be added, with ur issuing state
After u provide relevant documents of the 3.
Regards
The gunner.
If you want peace, Prepare for war.
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James_Bond
- Almost at nirvana
- Posts: 218
- Joined: Wed Dec 19, 2012 3:31 pm
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by James_Bond » Thu Jan 10, 2013 9:28 pm
Today I applied for All India Validity License.I am a Marketing Executive. I mantion my bussiness in the application. Hope I got the All India Validity License. But its immpossibel because I have not any type of approch( MP/MLA). Kindly wish me.
With Regards
CODE NAME BOND, JAMES BOND LICENSE TO RKBA
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inplainsight
- One of Us (Nirvana)
- Posts: 471
- Joined: Sun Jun 03, 2012 2:14 pm
- Location: New Delhi
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by inplainsight » Thu Jan 10, 2013 9:43 pm
Good luck sir. You will need it.
Do let us know...
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nm
- One of Us (Nirvana)
- Posts: 306
- Joined: Sun Sep 16, 2007 11:39 pm
- Location: New Delhi
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by nm » Sat Jun 22, 2013 11:46 pm
I recently applied for 'All India area validity' alongwith recomendation letter of NRAI and was happy to receive a letter from Licensing Authority, Delhi Police informing my application has been approved by Delhi Govt. and I should get the same endorsed on my license.
Went to the Licensing Authority and was surprised that the "ALL INDIA" endorsement was "valid for 3 years only".
They even gave me a copy of the Delhi govt. order to Delhi police approving my application and it mentioned the 3 years time period of All india validity and accordingly LA stamped it on my license.
I havent come across any such case where LA has given 'all india validity' for 3 years only....
Wondering what recourse I should take and whether there is any provision in the arms act/rules...
NM
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inplainsight
- One of Us (Nirvana)
- Posts: 471
- Joined: Sun Jun 03, 2012 2:14 pm
- Location: New Delhi
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by inplainsight » Sun Jun 23, 2013 6:57 am
NM,
Congratulations on getting the endorsement. Sadly, the act/rules are quite ambiguous regarding this. I believe all it says is that the licensee can apply for an extension and the same might be granted by the licensing authority, IF they feel that there is a genuine need. There is nothing stopping the LA from stating that your need is only for 3 years.
I'm also looking for cases where a licensee has challenged a rejection for extension, haven't found any yet.
I wonder if this violates our right to freedom of movement? The fact that we can only travel AND excessive our right To life and personal liberty after obtaining permission (TL) from a LA. But even that states that 'reasonable restrictions might be imposed on this'.
What do the experts think?
Last edited by
inplainsight on Tue Sep 17, 2013 1:21 pm, edited 1 time in total.
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goodboy_mentor
- Old Timer
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- Joined: Sun Dec 07, 2008 12:35 pm
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by goodboy_mentor » Sun Jun 23, 2013 6:04 pm
Wondering what recourse I should take and whether there is any provision in the arms act/rules...
Section 15 of Arms Act 1959 says that license should be normally valid for three years. Your license is valid for three years, then where is the problem legally? At the moment, what have they denied to you under the Arms Act 1959 and its Rules? After three years when you go for renewal, if they refuse to renew again for "All India" then you may agitate the matter in High Court or Supreme Court. The burden to justify denial is on the State and not on you.
Sadly, the act/rules are quite ambiguous regarding this.
If you could please mention the specific sections/rules that apply for this matter and are ambiguous. As per my understanding the Rule 4 of Arms Rules 1962 and Schedule II of Arms Rules 1962 are relevant for area validity. Since Rules cannot override the Act, period of validity of any license under the Act will be decided by Section 15 of Arms Act 1959.
I wonder if this violates our right to freedom of movement? The fact that we can only travel AND excessive our right To life and personal liberty after obtaining permission (TL) from a LA.
I am no "expert". I do not think it violates your freedom of movement on paper since theoretically you can always get a transit license and travel.
"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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inplainsight
- One of Us (Nirvana)
- Posts: 471
- Joined: Sun Jun 03, 2012 2:14 pm
- Location: New Delhi
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by inplainsight » Sun Jun 23, 2013 9:06 pm
goodboy_mentor wrote:Wondering what recourse I should take and whether there is any provision in the arms act/rules...
Section 15 of Arms Act 1959 says that license should be normally valid for three years. Your license is valid for three years, then where is the problem legally? At the moment, what have they denied to you under the Arms Act 1959 and its Rules? After three years when you go for renewal, if they refuse to renew again for "All India" then you may agitate the matter in High Court or Supreme Court. The burden to justify denial is on the State and not on you.
Sadly, the act/rules are quite ambiguous regarding this.
If you could please mention the specific sections/rules that apply for this matter and are ambiguous. As per my understanding the Rule 4 of Arms Rules 1962 and Schedule II of Arms Rules 1962 are relevant for area validity. Since Rules cannot override the Act, period of validity of any license under the Act will be decided by Section 15 of Arms Act 1959.
I wonder if this violates our right to freedom of movement? The fact that we can only travel AND excessive our right To life and personal liberty after obtaining permission (TL) from a LA.
I am no "expert". I do not think it violates your freedom of movement on paper since theoretically you can always get a transit license and travel.
GBM, I agree with your first and third point. Will get back to you on the second, once I get back to Delhi.
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sainikji
- On the way to nirvana
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- Joined: Tue Mar 13, 2012 5:06 pm
- Location: Delhi
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by sainikji » Sun Jun 23, 2013 9:44 pm
Dear Nm
Congrats for AIV. Can u share the grounds taken by you in support of your AIV application?
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perfectionist1
- One of Us (Nirvana)
- Posts: 257
- Joined: Sat Nov 19, 2011 8:31 pm
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by perfectionist1 » Sun Jun 23, 2013 10:18 pm
Dear All,
As per Arms Act- All India Validity is only for 3 years, if you get it as well, then again after 3 years the same process has to be repeated, it is not renewed with license renewal.
however 3 adjoining state validity extension is renewed with license.
Cheers....