Arms License Rejected!!!!!! Please Advise

[TariqPathan]

Hi,

I already have an Indian Arms License and a weapon under the Category "Crop Protection" since 2001.

In November 2014,I applied with the Commissionerate of a city in Karnataka for a new license under the "Self Protection" Category.

I attached all the required documents for the same. The same was sent to my Local Police Station for verification and validation who RECOMMENDED my application and forwarded the same to the ACP (Law and Order) who again perused my documents and sent the same back to the Commissionerate Validating and Recommending my Indian Arms License application under "Self Protection" category.
However,the Commissionerate rejected my application on 20th December ,2014 stating that "I already have a weapon under the Crop Protection Category and that they see no reason to issue another license to me under the "Self Protection" Category."

Is this legal and lawfully correct? when the local police and the City Law and Order ACP who are aware of the ground realities recommends the same,how can The Commissioner ignore their recommendations? What other steps can i take to have the same corrected and have a license issued to me?

As per law here, the only weapon allowed under the "Crop Protection" Category is a DBBL and a Muzzle Loader.

Can i use the weapon i currently possess i.e. a DBBL under the License "Crop Protection" category for Self Protection?

I completed my 3 months before i re apply for the license. I am going to apply for my license in the next week or so but want to make sure that it does not get rejected for the same funny reason.

Please advise.

[aadhaulya]

Dear TariqPathan,

As per my understanding (I may be wrong) the local police (SHO) is only supposed to verify your address and confirm that there is no case registered or pending against you. Generally speaking, to confirm that you are eligible to own a firearm as per the 'Arms Act and Rules'. The ACP just authenticates the report of the SHO.
However, they are not the recommending authority for issue of the Arms License. That authority lies with the Joint Commissioner of Police, who is the head of the 'Licensing Authority'.
In most of the States, as per the orders with the LA (may not be legally valid, but it is so) new Licenses are being issued for 'Self Protection' only, and for that also you need to give a good and sufficient reason for requirement of self protection.
The above is based on my experience about 6 months ago.
Hope it helps.

Regards

[goodboy_mentor]

Yes it is correct that SHO is only supposed to verify the address and furnish criminal records if any. Anything that is not written in the enactment(Arms Act and its Rules) means that it does not exist. Since it is matter of fundamental rights, there is no provision for anyone including the LA to recommend anything implicitly or explicitly. Since it is a matter of legal right to get an arms license, and thus the applicant cannot be kept waiting forever for police report, even if the SHO does not submit his report within prescribed time, the Licensing authority can go ahead and issue license by following the next step in Arms Act 1959.

The next course after rejection of application is to appeal to the appellate authority. If still rejected, then the next step is to approach High Court or Supreme Court. I do not know why the applicant wants to reapply again unless he has unknowingly done some mistake while applying for arms license.

"I already have a weapon under the Crop Protection Category and that they see no reason to issue another license to me under the "Self Protection" Category." This is neither lawful or legally correct. The licensing authority and appellate authority are supposed to apply their mind with due care and attention while rejecting arms license application or appeal, keeping them strictly within the limits of Arms Act and its Rules. The LA and Appellate Authority have protection of Section 40 of Arms Act to do things under good faith. When they are rejecting arms license application or appeal by not applying their mind, with due care and attention, keeping them strictly within the limits of Arms Act and its Rules, they do not have protection of Section 40 of Arms Act 1959. Definition of good faith is mentioned in Section 52 of Indian Penal Code. It says "Good faith".--Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention.

"Can i use the weapon i currently possess i.e. a DBBL under the License "Crop Protection" category for Self Protection?" Very narrowly speaking the answer is no. But practically speaking the answer might be yes since you have no choice at the moment. Do you have any choice when your life and liberty is attacked as described from Sections 96 to 106 Indian Penal Code?

[TariqPathan]

Thanks for the quick feedback.

What are my options now?
I need an arms license.

How do i reapply?
Do i change my application request from "Application for a new license under Self Protection" to "Addition of Self Protection to my existing Crop Protection Arms License"?

[goodboy_mentor]

What are my options now?

The next course after rejection of application is to appeal to the appellate authority. If still rejected, then the next step is to approach High Court or Supreme Court. I do not know why the applicant wants to reapply again unless he has unknowingly done some mistake while applying for arms license.

How do i reapply?

By submitting another arms license application for self protection. In the application you will have to mention that you applied earlier and give asked details.

Do i change my application request from "Application for a new license under Self Protection" to "Addition of Self Protection to my existing Crop Protection Arms License"?

If LA is happy to add self protection to same license, then most probably your problem is solved. Otherwise application for a new license under Self Protection. But I am unable to understand why you do not want to appeal to the appellate authority and want to apply afresh, to go through the same process again, unless expecting different result by applying again.

You might like to read this Allahabad High Court judgment related to three firearms http://indiansforguns.com/posting.php?m ... 6&p=228047

[TariqPathan]

Who would be the appellate authority?

[goodboy_mentor]

Office of LA should be able tell who is appellate authority. Usually it is some officer like home secretary in home department of State government.

[TariqPathan]

Thanks, will do just that!!!!!!!!!!!!!
Appreciate your kind and immediate response.
Regards