Post
by estousandy » Wed Jul 30, 2014 1:27 pm
Airsoft legality in India
Arms is defined in the Indian Arms act as follows:
/"arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;/
/"...(i) Weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons are exempted(*) from the operation of the Arms Act, subject to the condition that Central Government (or State Government by delegated powers ) may impose any restriction in respect of air-pistols or of any class thereof in the case of any class of persons or of any specified area."
(*) Vide Entry (3) of Schedule II appended to G.S.R. 991, dated 13.7.62 (Copy at part VI, Ch.XIII)/
/In this section, the expression "imitation firearm" means anything which has the appearance of being a firearm, whether it is capable of discharging any shot, bullet or other missile or not./
So, airsoft doesn't come under 'arms' category in Indian Arms act but may come under imitation firearms.
But , this is how it's mentioned in exim policy.
/9304 00 00 Other Arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307. : Restricted
( Amended by DGFt Notification No. 53 Dated 21.11.2007)
However, import of 0.177 bore air guns and air pistols will be free for shooters registered with Rifle Clubs or District/State/ National Rifles Association . Free import of 0.177 bore air guns and air pistols will also be allowed to National Rifle Association of India (NRAI) for supplying the same to the eligible State Rifle Association / Clubs and to the eligible shooters. NRAI shall be required to keep appropriate account of the imported weapons. ( Amended by DGFt Notification No. 53 Dated 21.11.2007) /
___________________________________________________________________________________________________________________________________________
Customs act Article 93 does not mention imitation firearms anywhere. None of its sections apply to Airsoft, especially electric powered airsoft guns. But gas airsoft guns fall in a grey area as the words "gas guns" is specifically mentioned in the act. None knows what they actually meant. Also, DGFt Notification No. 53 Dated 21.11.2007 relates to only Airguns of .177 cal, so rifle club membership will have zero influence on Airsoft.
In effect, airsoft will NOT come under any other category above due to it being not "Arms", but it is NOT explicitly mentioned anywhere in the exim policy or act. The words 'airsoft' or 'toy gun' appears nowhere in Customs Act. So, it can be a toy, hobby item, firearm, imitation, or even blank depending on the opinion of customs official in charge of the day. ie, unpredictable import scenario.
Arms act comes into play with airsoft only when you break the "certain cases" clause relating to abuse of imitation firearms. And it's the exim policy that decides if you are eligible to receive it or not. In Indian case it is vague; airsoft is NOT recognized aka DOES NOT EXIST.
It might or might not evade customs check. Disassembled import too can be considered. We've some success stories here itself.
But to summarize, this is a sad state of affairs.
Last edited by
estousandy on Wed Mar 30, 2016 9:19 pm, edited 4 times in total.
with guns we are citizens, without we are subjects