Applied for firearms license in Surat

[msprabhat]

Anyways yesterday they resent my verification report from local police station. There was a nice guy from my police station who is HC Writer who told the dealing PSI of ACP Office that there was some DO letter from Commissioner office directing to send police report in any case within 45 days. The report states that there is no objection if firearm license is granted to me.

[goodboy_mentor]

Good, it appears that your firm stand had the desired effect.

[msprabhat]

Today the ACP called me in his office and asked me the reason for firearm. I replied self defence. He asked whether I faced any threat in the past. I replied in negative. He then told me "ok you may go. We will send your report." Let me see what comes next.

[msprabhat]

Today received call from my police station that the ACP office has again returned my file with direction to call for police verification from all the places I lived after attaining age of 21 as well as from my hometown. I have lived away from my hometown since I was young. I am in central govt jobs after I was 22. I have served 4 govt deptts and my service record has been unblemished. Should I arrange to get my verification done from all these places or sshould I approach commissioner office for early disposal of my application ?

[inplainsight]

Wow they are really being thorough here! I thought the current 'policy' was to finish the verification process within 60 days...

[goodboy_mentor]

That MHA policy has no legal value. Let us examine the matter from legal perspective only.

police verification from all the places I lived after attaining age of 21 as well as from my hometown.

This kind of verification does not make sense. Who knows the applicant may have have done crime where he never lived? After all every citizen has freedom to travel anywhere in the country. Send police verification to each and every police station of the country and keep the application pending for indefinite time?

It needs to be understood that what is not mentioned in law is meaningless. Nowhere in Arms Act 1959 it is mentioned that police report has to be obtained from every police station where the applicant resided during his past.

Section 13(1)(2) of Arms Act 1959 is quoted below:

(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

Following points emerge from reading the above.

1. LA will call for the report of the officer in charge of the nearest police station of the applicant. No other police stations.

2. Report has to be sent in prescribed time(applicant's legal right of speedy process of application)

...........Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.]

Since arms are fundamental right of citizens under Articles 19 and 21 of the Constitution(explained in brief in this link http://indiansforguns.com/viewtopic.php ... 30#p197742), the licensing authority cannot keep sitting forever on the file waiting for police report and has to issue the license after expiry of the prescribed time.

Should I arrange to get my verification done from all these places or sshould I approach commissioner office for early disposal of my application ?

Why do you want to personally run to all the police stations? May press for early disposal of application within the prescribed time under the Arms Act 1959.

[msprabhat]

@goodboy_mentor: I am fully convinced with your reasoning but a great loophole in the arms act is that there is no prescribed time definition. I am planning to file RTI to the police to get a copy of my licence application with all correspondence and notings and other RTI to all the state home secretaries of the states as to whether there is any criminal records of mine. At the same time I will write a letter to the LA requesting for early processsing of my case.

[goodboy_mentor]

Thank you and appreciate your effort to file RTIs. Yes there is no definition of prescribed time, thus it is a kind of loophole. But as per my understanding of Section 13(1)(2) of Arms Act 1959, the LA must mention the time to police when asking for police report from the nearest police station.

[msprabhat]

@goodboy_mentor : The LA in his letter had directed the SHO to send report within 10 days but the problem child is the ACP.

[goodboy_mentor]

Arms Act 1959 is not at all bothered about ACP. The Arms Act 1959 is interested only with LA and SHO. Since LA did not get report within ten days(prescribed time), it can be inferred that SHO has nothing against the applicant. Now LA is well within his rights under Arms Act 1959 to issue the license. Moreover he is well protected by Section 40 of the Arms Act 1959, since after all the fundamental rights under the Constitution are guaranteed in good faith.

[msprabhat]

I was today shown letter of the ACP. It has 3 objections :
1. Call for NOC from all the places I have worked.(it doesn't clear whether from police stations or my ex-employers.)
2. Clear as to what is such threat that I require arms.
3. Name the persons from whom I face such grave threat.
Ridiculous objections. SHO has sent verification letters to all concerned police stations and report would be received within 10 days. Regarding threat the SHO had already informed that as a govt officer I had booked several revenue offence cases and my ancestral house is located in highly naxal infested area but these mean no threat issue to them. I will approach Commr for early disposal once my report from my past locations is received.

[msprabhat]

Finally, all objections were removed and the ACP sent his report to DCP.

[NickSingh]

Would u like to share any updates about your application.

regards
Nick singh

[gmodgil]

@goodboy_mentor, I recently applied for a licence in himachal pradesh. The ADM while not categorically giving me a reason for rejection, mentioned that life threat is necessary and provided me a copy of the 2010 directions from the MHA. i guess this was related to Arms act amendment 2010 as you have discussed earlier.
I discussed with him citing delhi and allahabad high court orders(against requirement of "Threat to life"), but he quoted that we have to wait for a reply from govt on the same.
My question is , the report that you provided earlier(http://164.100.47.5/newcommittee/report ... rs/151.pdf)
is merely a recommendation from the committee(as per my understanding).
Do we have any document regarding the response of the gov. regarding the same.
This might help my case
Thanks
Gaurav Modgil

PS: Your Posts have been thoroughly informative an helpful. Thanks a Ton for the same.

[NickSingh]

Hello there my friend .I think we are on the same page here check this link about my story.
http://indiansforguns.com/viewtopic.php?f=4&t=21686

Though i am not an expert but i can try to help you out.

1st of all the letter his showed about amendment of Mha 2010 is illegal check these links

http://indiansforguns.com/viewtopic.php ... 10#p211972


http://indiansforguns.com/viewtopic.php ... 10#p202758
Besides all that
Once you are officially notified that
your application has been rejected the licensing authority are required by law to
give you the reason in writing... and once you get that consult a lawyer and take
the matter up in the court of law.
However, if you do not get the reason for rejection in writing then you do an RTI...

most importantly have patients and keep all receipts and copies of yo documents ready

Regards
Nick singh