Election Commission gun rule sparks fear in Hyderabad

[Vikram]

http://www.deccanchronicle.com/140329/n ... -Hyderabad

Hyderabad: The directions of the Election Commission pertaining to licensed gun holders surrendering their arms for the elections is causing some confusion.

As per the EC’s directives on ‘Restriction on Possession of Arms during Election’, immediately after the announcement of the election dates, the district magistrates are supposed to review and assess all licence holders in details so that licensed arms, in cases where it is considered essential, are impounded in order to ensure free and fair elections.

However, the general practice of the police administration of asking licence holders to deposit their guns during elections is making many law-abiding gun owners prone to danger. Generally, a licensed gun is obtained by an individual for protection against possible threats. There have been allegations from a crosssection of people that the police and district administration in various parts of the state are not abiding by the Election Commission of India’s directions to the latter.

EC has clearly stated that the arms of persons released on bail, those having criminal backgrounds and those who have been involved in rioting, especially during elections, should be impounded till completion of the election process. The EC has also directed that the district collector or a competent authority in cities should review each case and exemption may be granted in desirable cases.

In a recent case, the Bombay High Court had set aside a direction of the district magistrate for not following due procedure in confiscating the weapon. It also ruled that the district magistrate had to review individual cases before impounding arms. However, it has been a practice during elections that the district authorities or police administration issue notices irrespectively, asking all licence holders to deposit their arms with their regional police station or public armoury.

The act of the state administration not conducting detailed reviews of each case and then impounding the licensed arms is putting many individuals in danger. Cyberabad police commissioner C.V. Anand said, “All licence holders should deposit their licensed arms. Those who have real threats need to give requisitions for retaining their guns. We would then assess the danger for allowing them to retain their arms.

[brihacharan]

http://www.deccanchronicle.com/140329/n ... -Hyderabad

Hyderabad: The directions of the Election Commission pertaining to licensed gun holders surrendering their arms for the elections is causing some confusion.

As per the EC’s directives on ‘Restriction on Possession of Arms during Election’, immediately after the announcement of the election dates, the district magistrates are supposed to review and assess all licence holders in details so that licensed arms, in cases where it is considered essential, are impounded in order to ensure free and fair elections.

However, the general practice of the police administration of asking licence holders to deposit their guns during elections is making many law-abiding gun owners prone to danger. Generally, a licensed gun is obtained by an individual for protection against possible threats. There have been allegations from a crosssection of people that the police and district administration in various parts of the state are not abiding by the Election Commission of India’s directions to the latter.

EC has clearly stated that the arms of persons released on bail, those having criminal backgrounds and those who have been involved in rioting, especially during elections, should be impounded till completion of the election process. The EC has also directed that the district collector or a competent authority in cities should review each case and exemption may be granted in desirable cases.

In a recent case, the Bombay High Court had set aside a direction of the district magistrate for not following due procedure in confiscating the weapon. It also ruled that the district magistrate had to review individual cases before impounding arms. However, it has been a practice during elections that the district authorities or police administration issue notices irrespectively, asking all licence holders to deposit their arms with their regional police station or public armoury.

The act of the state administration not conducting detailed reviews of each case and then impounding the licensed arms is putting many individuals in danger. Hyberabad police commissioner C.V. Anand said, “All licence holders should deposit their licensed arms. Those who have real threats need to give requisitions for retaining their guns. We would then assess the danger for allowing them to retain their arms.

> This is a very disturbing edict....
> IMHO - EC has clearly stated that the arms of persons released on bail, those having criminal backgrounds and those who have been involved in rioting, especially during elections, should be impounded till completion of the election process....
> The government should make the above mandatory & not cause inconvenience to law abiding citizens who own licensed arms...
> Because if at all any arms are discharged during elections it's either the police or those with criminal backgrounds + those arrested & let on bail....
Briha

[Anand]

Despite the Election Commissions Instructions the Police have a certain leeway in enforcing the laws to ensure the peaceful and democratic conduct of Elections. The deposit notification sent to me this time merely " requests " that I deposit, and that Arms may be collected once elections are over. An order is generally is more forceful in its wording and also mentions the consequences of not obeying. Previously the orders/notices were worded differently and sounded more menacing.

Unless some one goes to court for being forced to deposit their Arms and the Court gives it in favour( it very likely will) this will continue. Considering how law abiding licensees generally are, it is very unlikely that some one will do that unless they are aggravated by this issue. Considering that an exemption may be obtained, they may choose that option.

Also considering the split in the state of A.P, I was told by the arms dealer, to be prepared to collect the Arms only after the formation of the new State that is 02-June 2014. This is the longest duration my Arms will be deposited while I am resident in India. While I am able to get an exemption as an NRAI member, this time I chose to deposit as I will be traveling in India and abroad during the kids' summer vacation.
Anand

[TC]

Friends,

The same thing is happening in Kolkata. I have deposited all my weapons with a dealer after cops from the local police station came and served a blanket notice to all people in my neighbourhood. The same is happening in the rest of Kolkata and Bengal. It has always been like this. I have obliged the law over 25 years. My father did it too ever since this practice started in the 80s.

The notice being served here says :
"In view of the ensuing general elections to the Lok Sabha 2014 and in compliance with the order of Ld Commissioner of Police, Kolkata, you are hereby directed to deposit your fire arms and ammunition to authorised safe house with intimation to the under signed at the earliest.
This may kindly be treated as urgent and violation would attract penal provisions."

The letter is not even signed by the officer -in-charge of the local police station but simply bears a rubber stamp of the PS. Obviously the OCs here have no time to sign letters but expect law abiding citizens to do their duties.

I could have made a few calls and got myself out of this mess in no time but I did not do that because I have to be one with the rest of the gun owners on this issue. The gentleman who lives two houses away and owns a lovely Webley revolver, a man I have addressed as uncle since my childhood, is also a respected gun owner and enjoys the same rights as I.

Frankly speaking another order of the EC, exempting members of the NRAI is also pretty vague, because it only states that "members of NRAI at different levels" be exempted from depositing their firearms. The order basically leaves it to every member of every rifle club affiliated to the NRAI to prove to the police that he or she is a member of the NRAI at some level, indirectly.
Truth is only a miniscule fraction of licence holders are members of the NRAI or for that matter even members of any rifle club. It is not necessary for a man or woman buying a firearm for self defence or having one that he or she might have received as part of family heirloom to become a member of a rifle club as well.
Bigger truth is there are only a few rifle clubs across India (and most are located in big cities and metros) and their job is to promote shooting as a sport.

What about guns that are not used in sports? probably 80 per cent of the guns owned by Indians will fall under the category of "pure for self or home defence." The percentage will possibly be much much higher.

As long as we don't have a body like the NRA of USA which works as an active pressure group and works hard to save and uphold the rights of gun owners irrespective of whether they are sportspersons bringing in gold and silver, we are not going to head anywhere in India. If you ask me it is only sports men or shooters as we call them enjoy all the rights and privileges and the rest (read the majority) are treated like suspects in a crime against the state.

TC

[farook]

"....... the arms of persons released on bail, those having criminal backgrounds and those who have been involved in rioting, especially during elections, should be impounded till completion of the election process. "

These great personalities as per my understanding of the arms act should not be issued licenses at all.

[TC]

"....... the arms of persons released on bail, those having criminal backgrounds and those who have been involved in rioting, especially during elections, should be impounded till completion of the election process. "

These great personalities as per my understanding of the arms act should not be issued licenses at all.

They are the ones who own all the guns, legal and otherwise.

TC

[Hammerhead]

[b EC has clearly stated that the arms of persons released on bail, those having criminal backgrounds and those EC has clearly stated that the arms of persons released on bail, those having criminal backgrounds and those who have been involved in rioting, especially during elections, should be impounded

But I think, those are people you made the gun laws to prevent, having the guns ?