Draft Arms Rules, 2015 : Comments/views invited now !

[captrakshitsharma]

A formal critique is coming to all , will suggest that you change the language andKindly Email it to the address [email protected]

[AgentDoubleS]

Eagerly waiting for it, Rakshit.

[aadhaulya]

Seriously, waiting for it to come, so that I can send off the mail before I leave for my official tour i a couple of days.

Regards

Atul

[Kamleshwar]

Great
We are all eagerly waiting for it to send to the authirity for making citizen friendly gun laws in our country.
Regards,

Kamleshwar

[goodboy_mentor]

Arms Act is already citizen friendly. Let us not complicate matters further. Problem is that we have never understood the matters.

Licensing Authorities have been created under Article 307 of the Constitution. Anything that is not "trade, commerce and intercourse", Parliament(including the licensing authorities created by Parliament) does not have power of licensing under Arms Act 1959 or its Rules. Such lack of powers are because implied licenses have already been issued by Part III of the Constitution. Section 13(3)(a) of Arms Act is talking of implied licenses for citizens(provided not offending Sections 9 and 14) because Article 19(1)(b) has acknowledged arms as fundamental right of citizens. That is also why Sections 39, 41, 42, 45 exist. Section 13(3)(b) of Arms Act is talking about express licenses for "trade, commerce and intercourse" of persons(citizens, non citizens, including legal entities/ legal fictional persons like body corporates, companies, organizations etc.)

Arms Rules have been created to administer express licenses for "trade, commerce and intercourse" only. Arms Act Section 13(3)(a) is talking of citizen's right, why nowhere in Arms Rules 1962 is talking of citizen's right? Because it is implied license for citizens in matters not "trade, commerce and intercourse". Self protection or recreational sports shooting is not "trade, commerce and intercourse" and thus no procedure has been or can be laid down in Arms Rules. No fees or license tax can be charged for something that is not "trade, commerce and intercourse". Please read present Rule 51, it has no mention of self protection or sport. Why? Because no license tax or fee can be charged and it is implied license and not express license.

Following may also be read -

http://indiansforguns.com/viewtopic.php ... 55#p230158

http://indiansforguns.com/viewtopic.php ... 08#p229997

I would request everyone including NAGRI to understand all this.

[sa_ali]

I lil confused as to how are the trader association interpretating from the the draft copy that the govt is thinking of opening the market to prvt players. I couldnt find anything pointing to that direction , i am no legal guru but still wondering

[captrakshitsharma]

The recent feed back from MHA is multiple Emails with same language and matter. Request all to reword the mails and send it in their own words /language so its not treated as spam.

[sa_ali]

I have sent the email but i have added few initial lines to personalise it.

They cannot treat it as spasm, as in case of net neautrality also, similar excercise was done, just a thought. I think they are finding reason to refute the email response. Should we add something like license no or aadhar no to make it from relevant. Just a thought

[captrakshitsharma]

Dear All,

Kindly send in your comments ASAP to the following website as only four days are left.

[email protected]

The following points need to be addressed and you may add more as per your opinion after going through the draft. Kindly don't ask for a set draft as about 300 mails of same content are being treated as spam by MHA. So use the same points in your own draft/language.

1. Arms License Issue should be objective and passport like verification and grant procedures. Deletion of clause requiring Need for License and requirement to prove threat to life. No need for documents like Land Titles, NOC from Family members , Eductional Certificates , Safe Storage and Firearms Training and competency certificates.
2.All India Validity for all Arms Licenses especially since NDAL is coming into force and tracking and checking of licenses should be easier for authority and this should help and be of ease to the gunowners as well.
3. Ammo Quota Increase to 500 at a time and 1000 in a year.
4. All Arms licenses be made valid for 10 years with procedures for online renewal.
5. Deletion of requirement of licenses for Replicas, Airguns, Paintball Guns, Blank Firing Guns and Electronic Disabling devices (Tasers)
6.Inclusion of SemiAuto shotguns along with semiauto .22 lr rifles in NPB category.
7. Allow every citizen to import 3 weapons once in his lifetime 1 Shotgun, 1Rifle and 1 Handgun .

[jpc]

We have sent our opinion to the MHA to consider suitable amendment.

[ckkalyan]

This is indeed time to revisit and re-energize

Guns For Peace

You Tube Video at:

[brihacharan]

Hi fellow IFiIans,

The wake-up call has been sounded - It's time to act!
I have sent in my response to "feedback.arules2015.gov.in" - hope you guys have done too...
Best wishes & hope for the best!
Briha

[mbsolan]

Will new norms liberalise access of #guns to those in #power, but ignore security of the common man? - http://www.ecoti.ms/pvoknY

TapaTalk smartfone

[sa_ali]

no, if you read the draft, it is heavily inclined on those who already have security and are in elitist positions. You will never be able to prove that you life threat , till then forget license

[3006rifle]

The Draft Rules specifically states that grant of and arms license can only be considered if there is grave or imminent threat to life from militants etc. If this is so the following are clearly giving the advantage to the criminal/terrorist:-
On this subject may I state as follows:-
1. The weapons allowed to be purchased in the NP(Non Prohibited category) as per Schedule I, are of vintage caliber and obsolete models; and are no match for the modern firepower of trained militants or criminals.
2. Even the option of purchase of a good quality weapons in the NP calibers is not allowed as import of firearms were disallowed since 1986.
3. The weapons that are available for purchase for licensed holders are highly sub standard products and obsolete models manufactured by the the state owned Indian Ordinance Factories, or second hand weapons imported before 1986, by licensed holders of that time; which are being sold in the black market, at highly exorbitant prices.
4. There is little choice; for anyone facing life threat, other than buying a second hand imported weapon, at a exorbitant price; since in a life threatening situation it would be foolish to depend on a low caliber substandard and obsolete weapon; against trained militia using the most modern weapons.
5. Since 2010 renewal of license is another nightmare as police verification is required each time. In Guwahati one has to pursue his file in 25 police stations personally; from table of one sub inspector to another to get the report with takes years on end and an applicant is subjected to extortion at every step. The helpless license holder for most part of the year is carrying an un renewed license, although he may have submitted his application for renewal well on time.
6. The ground reality also required that a weapon is carried displayed. A displayed weapon has a great deterrent value against at least the smaller criminals and anti social elements, and ensure that one is protected even without having to use the weapon which in any case is the ideal situation for all bonafide citizens.
7. These are some very basis and legitimate issues, which gives the complete and unfretted advantage to criminals and militants over the law abiding citizen which needs to be addressed in the new Arms Rules 2015.