Applied for firearms license in Surat

[msprabhat]

I downloaded application form through Commissoner of police surat website, filled up the same and submitted alongwith documents and 100 rs. fee on 1st june. The Application was sent to my local police station on 11th. I met the writer on 15th june. He checked my documents and called me next day. I could reach after few days. He told me that I was first applicant for arms license in their newly opened PS so they had no idea as to how to process my application.
I told them to first call for NOC from my employer since i am in central government job. NOC from my employer reached to them on 25th june. Then the PI recorded my statement on 1st june. Then to my utter surprise he sent letters to confirm my criminal records if any to all the 24 police stations of Surat, however they did not sent a letter to Shalimar bagh police station where I resided for 2 years firing last 5 years.Now each time I visit PS I come to know that reports from other PS of surat are due to reach after which they would send verification report. As of now clean reports from 7 PS have come and all others are pending. Great example of red tape babugiri.
Hope to get rid of it soon.

[msprabhat]

Please read above as Shalimar bagh police station pitampura delhi during last 5 years.

[goodboy_mentor]

I told them to first call for NOC from my employer since i am in central government job.

Is there any legal requirement for NOC under Arms Act 1959? If yes please do share the specific provisions of law.

Then to my utter surprise he sent letters to confirm my criminal records if any to all the 24 police stations of Surat

They think that even government servants may have criminal records

[inplainsight]

They think that even government servants may have criminal records

Who would think that?

Prabhat,

Let the police do as they please. They need to provide a report in 60 days, else the LA needs to assume that nothing negative was present.

Good luck and keep us posted.

[msprabhat]

Reg NOC - as per MHA policy dtd 31.3.10 central govt employees with liability to serve throughout country may be issued all india validity license from state home min in place of MHA as well NOC of employer is in a way vigilance clearance to the effect that no departmental enquiry is pending or being contemplated against me.

[msprabhat]

Reg NOC - as per MHA policy dtd 31.3.10 central govt employees with liability to serve throughout country may be issued all india validity license from state home min in place of MHA as well NOC of employer is in a way vigilance clearance to the effect that no departmental enquiry is pending or being contemplated against me.

Section 13(2a) allowing LA to issue license without PV has since been omitted giving apt opportunity to toss up to the cops and LA. However in my case LA has directed police to submit PV within 10 days. MHA notification also states that if police authorities do not send their report within 45 days they are liable to action.

[goodboy_mentor]

What you are saying is just a policy albeit ultra vires of Arms Act 1959 and the Constitution in many ways. Since it has not been issued under any provisions of Arms Act 1959, it has no force of law. Neither has Section 13(2a) been amended by Parliament. It is another matter that the illegal "policy" suits you.

Also even if some departmental inquiry is initiated against some government employee, does it take away the statutory rights of the applicant under Arms Act 1959? I really doubt. That is why there is no provision of NOC under Arms Act 1959.

[msprabhat]

@goodboy_mentor : Please visit this link http://pib.nic.in/newsite/erelease.aspx?relid=63268 , which states that arms act amendment bill 2010 has been approved in the parliament. I am also of the view that the policy is not legally acceptable but it is just another ground for me to get A/V license.

[msprabhat]

@goodboy_mentor : Regarding no need of NOC, I fully agree.

[goodboy_mentor]

The link that you have provided for Press Information Bureau website only says that the proposed amendment has been approved by the cabinet for introduction of the Arms Amendment Bill 2010 in the Parliament. Parliament never approved that clever and cunning Arms Amendment Bill 2010.

Rather on protest by a number of M.P.s related to the proposed draconian amendment, it was sent to the Standing Committee on Home Affairs. The Home Committee slammed the Home Ministry for completely ignoring all established Constitutional norms and practices and in effect trying to enact a substantial amendment to the law through an executive order(by that illegal policy dated 31.3.2010), thus bypassing the Parliament.

The Chapter V of the report contains a synopsis of the presentation made by NAGRI (to the Home Committee) as well as suggestions on how to amend the Arms Act 1959 to make the existing law more citizen friendly. The entire report can be read from the following link of Rajya Sabha website http://164.100.47.5/newcommittee/report ... rs/151.pdf Thus the Arms Act 1959 was not amended by Parliament.

[msprabhat]

Thanks for being so informative.

[msprabhat]

Finally the SHO yesterday forwarded my report to LA which will reach to him through Zonal ACP to Rangę DCP to LA. Hope within one or two weeks to get call for interview.

[msprabhat]

Today I went ACP office and met the PI dealing with my file. He replied that they sent back my application to local police station with following objections :
1. SHO had not sent my report in prescribed form.
2. I had submitted only form 16. ITR is a must.
3. Verification of my hometown was not obtained.
4. I have not informed whether my deptt has issued me arms.
My property details were not in file.

I straightaway replied him that none of these grounds have any substance and that I am eligible for arms license not only as per arms act but also as per illegal MHA policy so I will fight to any limit. I also informed SHO that I have already submitted more than enough documents.

[inplainsight]

Ask for everything in writing and respond only by speedpost.

[goodboy_mentor]

Yes non of these requirements have any substance. Already have submitted enough needless information like Form 16, NOC etc. and now are asking more needless information.