rifle licence is not given, forced to choose for handgun.

[toughsurvivor]

hello to all,
i am shocked by the way civilians are treated in regards to issue of arms licence and getting a weapon. two licences were given to my family on priority (due to a accident that happened ) for our protection. i and my cousin applied for a npb handgun and a npb rifle. after much troubles ( for one month they keep us visiting to aslah babu,DM,SP etc and then we find that they were not sure about shooting range ) but finally when they settled shooting range dispute .we have done good in our performence
my cousin with a handgun and me with rifle. the administration cleared us for licence now today when we were supposed to get out licence they had only given my cousins licence for hand gun and not mine (NPB rifle) they say that it is hard to get rifle now, you have to go to lucknow and there is a committee that will again test you and decide weather you can be given rifle or not . the aslah babu advised that "it is hard to get rifle in UTTAR PRADESH, and if you are in need of weapon for protection then you can get a hand gun/shotgun instead of rifle, better you get an revolver as your cousin have a pistol" .
What the hell this is ? experts please guide me what are the rules now ? what i must do to get a rifle (even when all procedures are complete)?
--------------------------regards Toughsurvivor.

[StampMaster]

Hi, sorry to know that your application for rifle being rejected.

As per the Arms Law there is no restriction on rifle/shotgun/handgun. And you can get 3 of them on your license. However, its the babus games here in India.

I am not sure (some help from your state experts required here) some places it might be that some kind of arms, in your case and residence rifle is not permitted... for some special reason. As rifle can be used for short and long range targets there might be some special clause to get this endorsed.

Well in my case I have requested for shotgun, however I got DBBL/Rifle. And our SP was more friendly to educate us the use of DBBL/Rifle and has endorsed it just in case we may want to change.


Cheers..

[toughsurvivor]

thanks Stampmaster sir for your kind reply. here people used to get rifles easily prior to muzaffanagar roits. now here you can have one one arm on one licence. and too many games are being played by babus. priorly any one can get the npb bor arms just at DM level. now they say you have to go to luckhnow and have to face a committee in order to get NPB rifle.
EXPERTS plz help.

[aadhaulya]

toughsurvivor that is tough luck. This is India..............
I was also told that I can get only one weapon on a License or even within the family. But I kept after them and got 3 weapons on my License.
So get after them.

Regards

[toughsurvivor]

thanks aadhaulya, my some friends too owns 3 weapons on single licence but it is before 2014. now they are making too much hustle and bustle.
what are the rules and procedure for getting rifle on licence now ? i think they have done some changes.

[aadhaulya]

thanks aadhaulya, my some friends too owns 3 weapons on single licence but it is before 2014. now they are making too much hustle and bustle.
what are the rules and procedure for getting rifle on licence now ? i think they have done some changes.

My License was issued at the end of 2014. May be they are following their own rules in UP and that is not legal. In fact I have read on this forum that MHA wants to finish off the system of area validity, give the License a life long validity and even remove the barrier of three weapons on a license. MHA has also sent a circular to all states for their opinion regarding these changes but only a few states have responded with their suggestions.
However, I am not knowledgeable in this field and give comments based on what I read here,

Regards

[Chandan22]

Hello,

Aadhaulya, where did you read about MHA doing away with area validity etc? To the best of my knowledge, MHA has in fact restricted permission for All India to be granted by itself only and not by local LA.

Tough, what is this shooting range thing you did? Did they ask you to get some "qualification" ? I don't think this is a pre-requisite in the Arms Act. Secondly find out which committee is being talked about?

Send a written, registered letter asking to be issued a rifle as per Arms Act, or for them to furnish reasons for not granting the same, as this is provided under the Arms Act.

See what happens. Be prepared for a tough fight but stick it out and they will ultimately have to give you the licence.

~C

[aadhaulya]

ChandN,

i have attached a copy of the circular that I was referring to.

Regards

AMMENDMENT PROPOSED IN ARMS ACT BY MHA IN 2014.PDF

[aadhaulya]

Here they even talk about allowing import of one weapon per License.

Regards

[goodboy_mentor]

What the hell this is ? experts please guide me what are the rules now ? what i must do to get a rifle (even when all procedures are complete)?
--------------------------regards Toughsurvivor.

RKBA is part and parcel of common law and the same has been accepted by Articles 14, 19, 21, 25, 51A(b),(c),(d) & (i) and 246(5) of the Constitution. In other words the doctrine of 2nd Amendment is very much present in the Indian Constitution. The same has been acknowledged by Arms Act 1959, Punjab Village and Small Towns Patrol Act, 1918 and the Himachal Pradesh Village And Small Towns Patrol Act, 1964, Sections 96 to 106 I.P.C., various Sections of Cr.P.C. etc. etc.

If all of the above is true then why is the problem? It is because -

1) the parliament has over delegated powers to executive under Arms Act 1959

2) some of the provisions of Arms Act 1959 are vague and wide open to interpretation by executive

Both of the above are against the Constitution. Then what is the solution? The following can be the solution -

1) the parliament corrects the Arms Act 1959
or
2) the Supreme Court or High Court correctly interpret the Arms Act 1959 and declare those provisions ultra vires of the Constitution.

[toughsurvivor]

thanks Goodboy_mentor ,for your kind reply.
now what i think is "Phillipines is heaven for the gun lovers and India is hell for gun lovers".

[aadhaulya]

Don't know about 'Phillipines' but in India it is tough.

Regards