Legal Space for Firearm Shooting

[Armed Defence]

In simple words, if the police is stopping me from doing something legal, I would do it at a place where they don't know it. They are breaking the law, not me.

[Chandan22]

Gentlemen,

1. Poor choice of words in using "infested".. I meant "populated" but sometimes this kind of thing happens.

2. The "terrorem populi" thing makes sense, however the counter point is that I have as much a right to do something legal in a jungle as any other person. shooting in a safe manner is one of them i would think. courts may take whatever view the judge has the mood for at the time, but here we're trying to figure out what exactly IS the law.

3. Same for neighbors. If I can watch tv at a loud volume in my house, i can discharge a firearm as well, obviously implementing some kind of sensible setup.

So still I'm not sure whether we have any accurate idea on this question as to the legal status of where a person can fire safely and without fear of the law, as long as he is not harming any person or animal (which would be hunting technically).

Can any lawyer member shed some light?

~C

[dr.jayakumar]

http://indiansforguns.com/viewtopic.php ... #p213612.i had asked the same earlier.
i practice in my farm close to no one(lucky)i made a small range 25 mts.
regards
dr.jk

[goodboy_mentor]

Counter points are invalid simply because there is no legal right to discharge firearms at any public place or public property. Legal rights to discharge firearms are only and only those as allowed by the terms and conditions of arms license.

Watching television on loud volume does not mean sound pollution laws are not being violated. Neither does it mean gunshots will not violate sound pollution laws or cause terror or health problems to infants, sick or elderly in the neighborhood. At the best it can mean that neighbors for some reasons are not choosing to take help of law.

Yes it makes lot of sense to sit with a lawyer and get all the doubts cleared on this matter. Please do enlighten this forum on what legal advice he gives on this matter.

[bennedose]

When I got my handgun licence, I recall that I was allowed to possess 20 rounds in a given calendar year. There was nothing that suggested that I could collect up rounds without shooting for 5 years and then possess 100 rounds. I don't know, but I suspect that at the end of the year I would have to account or the 20 rounds and if I had shot them I would have to produce the empty casings and may have to say how and under what circumstances I used the weapon.

Does anyone have any information in this regard?

Of course I am sure that hundreds of gun owners in India are actually doing some shooting somewhere as seen in YouTube videos - but I don't know the legal status of that. In India if you have a gun for self defence I think you have to pray that you are attacked by someone so that you can use your gun. Using the same logic a person without a firearm would have to pray that he is not attacked I guess. That way the licensing authority can say that if prayer is the most effective thing, simply pray and forget about a weapon.

[goodboy_mentor]

When I got my handgun licence, I recall that I was allowed to possess 20 rounds in a given calendar year. There was nothing that suggested that I could collect up rounds without shooting for 5 years and then possess 100 rounds. I don't know, but I suspect that at the end of the year I would have to account or the 20 rounds and if I had shot them I would have to produce the empty casings and may have to say how and under what circumstances I used the weapon.

Does anyone have any information in this regard?

You cannot add up the yearly quota in subsequent years. There might be some high handed approach of some bureaucrats asking for accounting of cartridges because of legal ignorance of arms license holders. You do not have to give accounting of cartridges fired. There is no such provision under Arms Act or its rules. At least the liberty of Article 21 of the Constitution of India is respected in this matter.

[ARAE]

very true...!

My Arms License says that it is illegal to fire in the air during marriages or religious functions. The License may be cancelled for doing the same.
It also says that the firearms can be used for the purpose that it has been issued for. As most of the Licenses are being issued for 'Self Protection' only it is illegal to use it even for sports purpose (Legally speaking), but as usual it depends on the cop you come across while using your gun. I came to know of the following incident a few years ago.
Most of my neighbors are retired "Defence Officers. These guys took their guns (that had not been fired for ages), to a friends farm out of the city limits to fire a couple of rounds. Within some time the cops landed up at the farm maybe on some villager's complaint or their patrolling team just heard the shots being fired.
These guys had a tough time explaining the purpose of being there and firing their guns.
Though, nothing happened eventually as all the people were very senior retired officers. But imagine that if there were some other younger people involved, they would not have been let off so easily.
I believe that the Local Police Station does not like people in their area to possess arms. They can't stop you from getting a License but would love to get a chance to have it cancelled.

Regards

[dev]

Chandan you can shoot your rifle at Tuglakabad. I have even seen a chap shoot his revolver at the pistol range. Just talk to the range officer (unofficial) a very pleasant person who shoots for the air force.
Please also point out that the licensing wing has the Dr. Karni Singh Range's phone number displayed prominently. I'm sure it is there for a purpose. Shooting a firearm in a forest seems like an invitation to be arrested for attempted poaching.
For those of you who haven't been introduced 'goodboy mentor' is a lawyer on IFG. May his tribe ever increase.

[aadhaulya]

When I got my handgun licence, I recall that I was allowed to possess 20 rounds in a given calendar year. There was nothing that suggested that I could collect up rounds without shooting for 5 years and then possess 100 rounds. I don't know, but I suspect that at the end of the year I would have to account or the 20 rounds and if I had shot them I would have to produce the empty casings and may have to say how and under what circumstances I used the weapon.

Does anyone have any information in this regard?

You cannot add up the yearly quota in subsequent years. There might be some high handed approach of some bureaucrats asking for accounting of cartridges because of legal ignorance of arms license holders. You do not have to give accounting of cartridges fired. There is no such provision under Arms Act or its rules. At least the liberty of Article 21 of the Constitution of India is respected in this matter.

My License booklet says that I am allowed to buy 25 rounds at one time and a total of 50 rounds in a year. It does not mention how many rounds I am allowed to posses at one time.
But the instructions printed on the last few pages clearly say that if there is no restriction mentioned on the License, regarding possession of rounds at one time, the total quantity allowed in a year is the maximum you can possess.
Also, when buying ammo I have noticed that you sign on a register that says that by buying these cartridges you are not exceeding the maximum number of cartridges that you are allowed to posses.
And no one has ever asked me to account for the cartridges used.

Chandan you can shoot your rifle at Tuglakabad. I have even seen a chap shoot his revolver at the pistol range. Just talk to the range officer (unofficial) a very pleasant person who shoots for the air force.
Please also point out that the licensing wing has the Dr. Karni Singh Range's phone number displayed prominently. I'm sure it is there for a purpose. Shooting a firearm in a forest seems like an invitation to be arrested for attempted poaching.
For those of you who haven't been introduced 'goodboy mentor' is a lawyer on IFG. May his tribe ever increase.

I have using my revolver at the 25 meter pistol range very often. No body has objected to that also.

Regards

[Ramandeep]

My License booklet says that I am allowed to buy 25 rounds at one time and a total of 50 rounds in a year. It does not mention how many rounds I am allowed to posses at one time.

The number of ammunition written to buy at one time is the legal possession limit of ammo at any given time.


As far as I think about discharging or shooting a weapon legally would be at an authorised gun range other than that things would fall in grey area I think the law can get a hold(if pleased) at you for firing at any random place.

[aadhaulya]

The number of ammunition written to buy at one time is the legal possession limit of ammo at any given time.

Dear Ramandeep,

I have seen a License issued in Delhi.
Sl.no. 6 on page 2, says 'MAXIMUM AMMUNITION TO BE POSSESSED AT ONE TIME' then the quantity 25 or whatever is written by hand for each weapon.
Sl.no. 7 says 'MAXIMUM PURCHASABLE DURING THE YEAR'

Therefore there is a difference. My License does not mention possession at one time but only purchasable at one time and purchasable during the year.
However, the instructions printed in the last few pages clearly state that if 'possession at one time is not mentioned then the possession limit at one time, is the maximum purchasable during the year.

I do not know what is legally correct but I am going by my booklet as I am sure no one can chalange it legally.

Regards

[Ramandeep]

The number of ammunition written to buy at one time is the legal possession limit of ammo at any given time.

Dear Ramandeep,

I have seen a License issued in Delhi.
Sl.no. 6 on page 2, says 'MAXIMUM AMMUNITION TO BE POSSESSED AT ONE TIME' then the quantity 25 or whatever is written by hand for each weapon.
Sl.no. 7 says 'MAXIMUM PURCHASABLE DURING THE YEAR'

Therefore there is a difference. My License does not mention possession at one time but only purchasable at one time and purchasable during the year.
However, the instructions printed in the last few pages clearly state that if 'possession at one time is not mentioned then the possession limit at one time, is the maximum purchasable during the year.

I do not know what is legally correct but I am going by my booklet as I am sure no one can chalange it legally.

Regards

Legally I would say is 25 according to your license even though it might not be mentioned as to how much one can possess at once, but since you mentioned earlier you license has 50 rds pa and buying not more than 25 in one day this clearly stipulates your possession limit if it's not then in the license it would not have been mentioned how much ammo you canbuy at once. I am telling in the sense possess and carry not kept at possession at your place for that there is really no real limit mentioned in the arms act in my opinion.

[goodboy_mentor]

As far as I think about discharging or shooting a weapon legally would be at an authorised gun range other than that things would fall in grey area I think the law can get a hold(if pleased) at you for firing at any random place.

It is no grey area at all. It is illegal to shoot at any place other than a proper shooting range. We already have Allahabad High Court rulings that find even firing towards the sky(some call it celebratory firing) as illegal since it may cause public health and public safety issues. It will be violation of Arms Act/ its Rules/ Terms and Conditions of arms license. Also violation of various other laws like some provisions of Indian Penal Code and any laws related to public health and public safety. Needless to say the legal consequences can be pretty severe if the matter is legally pursued -
1. arrest
2. confiscation of the gun
3. revocation of the arms license
4. fine
5. jail

[aadhaulya]

As far as I think about discharging or shooting a weapon legally would be at an authorised gun range other than that things would fall in grey area I think the law can get a hold(if pleased) at you for firing at any random place.

It is no grey area at all. It is illegal to shoot at any place other than a proper shooting range. We already have Allahabad High Court rulings that find even firing towards the sky(some call it celebratory firing) as illegal since it may cause public health and public safety issues. It will be violation of Arms Act/ its Rules/ Terms and Conditions of arms license. Also violation of various other laws like some provisions of Indian Penal Code and any laws related to public health and public safety. Needless to say the legal consequences can be pretty severe if the matter is legally pursued -
1. arrest
2. confiscation of the gun
3. revocation of the arms license
4. fine
5. jail

Dear GBM,
I agree fully with what you have quoted.
But I would like your opinion on the possession of ammo legally allowed to me at one time. Like I mentioned that in Sl.no. 6 & 7 it does not mention possession at one time. However, printed instruction say that if there is no such mention then early quota is the maximum possession allowed at one time. If required I could post copies of the parts mentioned. In fact I think I would do that.
Would be really grateful if you could give your opinion on that.

Regards

[goodboy_mentor]

Dear aadhaulya, If it does not mention about possession at one time, you may go by what is printed on your license. If you want to keep more cartridges, apply for increase in quota. The usual reason for increase can be "target practice", even if your license is for self protection. Because in order to shoot accurately for self protection, you do need to do target practice. Try to get maximum possible quota.