Delhi Police strikes back, threatens to cancel my license...

[goodboy_mentor]

Tyranny is what happens when the State(or anyone for that matter) gets to know more information than is required for the purpose. It becomes worst when the law itself is unclear or unjust.

[Anand]

IMHO,While a person on the right side of the law has ultimately nothing to worry about, the system is geared in favour of the government in order to "mess" with criminals if they "need to ". Also the course that the law will eventually take, will become meaningless when it takes forever,and the cost becomes prohibitive, or if the entire procedure is so tedious or onerous that no one but the most determined or the "most aggrieved" will opt for it. For example, the authorities can accuse you of something that you did not do, and they also may not be able to prove it,however, for you to be proved innocent, you will have to go to Court, the Hon'able Court will grant it in your favour.... eventually.

The expenditure and heartburn that the accused will have to endure to be proved innocent, and the probability that you may have to part with your firearms until this "issue" is resolved make it an unsavoury experience. This is the reality of the current situation. The Constitution and the laws are in favour of the citizen, however, if you don't tread with caution you could very well fall through the cracks and become collateral damage. AFAIK there is no compensation to the accused when this happens nor is there any deterrence to the authorities from doing it again.

Regards,
Anand

[SYED833]

Hi,
Just a friendly reminder..Please deposit any weapons held on this cancelled license with a dealer immediately.
Since these guys are out to harass you, they are going to be looking very closely at what you are doing.
Get a lawyer and kick there a##.
Good Luck..
regards.
syed.

[brihacharan]

goodboy_mentor » Tue Jul 30, 2013 2:26 pm
Tyranny is what happens when the State(or anyone for that matter) gets to know more information than is required for the purpose. It becomes worst when the law itself is unclear or unjust.

In such matters there is something known as 'Discretion' -
Unfortunately our police neither know its meaning nor its use
Briha

[goodboy_mentor]

In such matters there is something known as 'Discretion' -
Unfortunately our police neither know its meaning nor its use Briha

Yes Sir, agreeing with what you are saying. But it is also true that giving too much discretion to the executive is one of the causes of tyranny.

But what is happening in this matter does not seem to be entirely a matter of discretion only. On the contrary it appears that Licensing Authority has self assumed the role of lawmaker. If you read the following post http://indiansforguns.com/viewtopic.php ... 15#p198480 he is trying to compel the applicant to give up his legal right to apply for a second gun license, else he will reject the present arms license application. He is trying to force him to give up his legal rights which itself is illegal.

[brihacharan]

They are trying to compel the applicant to give up his legal right to apply for a second gun license, else he will reject the present arms license application. He is trying to force him to give up his legal rights which itself is illegal.

True! Its denying an Indian citizen of his legal & constitutional rights
I wonder if the applicant was a politician's relative - Would he have been given the same response???
Briha

[inplainsight]

The point is that the dude got pissed off that I drafted letters / appeals for other people and didn't like the fact that I had the audacity to walk into his office and ask for my rights. Silly me.

Either way, the buck does not stop with him. I'm filing my appeal tomorrow and am willing to go as high as the Supreme Court to fight for my rights.

I plan on getting my license reinstated, get my 3rd (and 4th weapon), increasing my area of validity and ammunition quota. This just strengthens my resolve.

PS I have proof of travel on all the dates that I had applied for a TL (not that it is needed), also I ALWAYS take a receiving from the local DM on my TL.

[xl_target]

inplainsight,
Is there anything in the Arms Act that says that you have to notify the licensing authority before you leave town?
Just curious.

In the US, an official can be charged with acting "under the color of Law" when they misuse their authority.

To act "under color of state law" means to act beyond the bounds of lawful authority, but in such a manner that the unlawful acts were done while the official was purporting or pretending to act in the performance of his official duties. In other words, the unlawful acts must consist of an abuse or misuse of power which is possessed by the official only because he is an official.A person may be found guilty even though he was not an official or employee of the State, or of any county, city, or other governmental unit if the essential elements of the offense charged have been established and the person was a willful participant with the state or its agents in the doing of such acts.

"Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, is action taken `under color of' state law." United States v. Classic, 313 U.S. 299, 326 (1941)

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress . . ." 42 U.S.C. S 1983 (1988)

http://www.lectlaw.com/def2/u002.htm

I'd be willing to bet there is something similar in Indian Law.

[StampMaster]

On my recent trip, I got to talk to the Railway police. I have been told that their is no need for a special permit from them for carrying arms in the train, as long as we're in the area permitted in the license.

There are people around to play mischief, however we got to use the right weapon to bring them down.

[inplainsight]

Is there anything in the Arms Act that says that you have to notify the licensing authority before you leave town?
Just curious.

Nothing. All im supposed to do is inform the DM of thr area that im visiting...

[xl_target]

inplainsight,
Is there anything in the Arms Act that says that you have to notify the licensing authority before you leave town?
Just curious.

Nothing. All im supposed to do is inform the DM of thr area that im visiting...

Is there anything in the Arms Act that says that you have to do that or is it just a courtesy thing?

[inplainsight]

Is there anything in the Arms Act that says that you have to do that or is it just a courtesy thing?

I believe I have to, under section 38 of the Arms Rules.

[AgentDoubleS]

inplainsight,

I'm filing the appeal in the court for the rejection of my pistol soon too. Might take up a lawyer, I've already forwarded the appeal and all other relevant documents to him. Not sure if I'll get the chance to submit the paperwork myself. I've not been informed of the reason for rejection. Filed an RTI.

XL, I'm sure there's a law around in India too that deals with that issue.

Regards,
SS

[inplainsight]

I'm filing the appeal in the court for the rejection of my pistol soon too. Might take up a lawyer, I've already forwarded the appeal and all other relevant documents to him. Not sure if I'll get the chance to submit the paperwork myself. I've not been informed of the reason for rejection. Filed an RTI.

XL, I'm sure there's a law around in India too that deals with that issue.

Regards,
SS

Good luck with that buddy, I'm sure you will get it. Also, I'm pretty confident that the reason for your rejection will be lack of 'specific-threat' against you.

I'm trying to create a synopsis of my history with the Licensing Department (The Blue file that you saw at my desk), I'm hoping I can file the appeal either today or tomorrow.

Regards

[AgentDoubleS]

I am sure I will, Arms Act is the only law I've ever read in detail!! Good luck to you too.