Gun license for NRI

[Jeet1983]

Hello IFGs,

I was wondering of someone can guide me with a few questions regarding transferring rifles to your name in India.

My grandfather had 3 rifles which were transferred to my father's name. Unfortunately my father passed away and the guns had to transferred to someone else's name. At the time I was a college student in the United States, and my distant relatives informed me that the rifles cannot be put on my name as I'm not an Indian Citizen and they transferred all 3 Rifles on their names. Me being a woman and not having that many relatives to ask for help trusted these people. Now I am skeptical about their intentions and would like to bring these rifles to United States if possible or at least get them on my name in India.

I did some research and found that I need to get a dealer here United States to import the guns here and get in touch with the port authority. I will figure out the process here in the US. But I was wondering if you could briefly guide me how I can get the Guns on my name in India.

Do I need a Gun License in India in order to transfer the guns in my name? Is it a long process?
I am planning to get the Guns on my Husband's name who is a Greencard holder. (Indian Citizen)

Any help/feedback would be much appreciated!
Look forward.

Best,
Jeet

[Anand]

Hello Ms.Jeet,
Unfortunately, due to the firearms having been already transfered in the names of others, you will not be able to take the family heirloom route. Getting an arms license in your name itself would have been easier had you applied for it, immediately after the passing of your late father. Indian citizenship or the lack thereof is of no consequence to getting an arms license. The process will require the co operation of those who have the rifles in their name.

Even if you cannot obtain the firearms in your name on an arms license in India, it is still possible to have a licensed dealer/exporter in India to export them to the USA. For this to happen, these relatives who have the rifles in their name will have to transfer them to the licensed dealer/ exporter. He will then obtain all the required permissions from the correct authorities including a certificate that the arms are not antiques of any significant value etc. and then export it to the USA.
AFAIK he will require an import permit from the USA, which is not difficult to acquire.
Hope this helps,
Regards,
Anand

[xl_target]

There are a couple of things to consider:
1. If you want these firearms because they belonged to your father, then make a fuss about it.
However, it is probably too late, now that they have been transferred into someone else's name.
You will be looking at hiring a lawyer, alienating your relatives and facing years of litigation.


2. If you want them just because they are firearms and you are a citizen of the USA, don't bother chasing them down.
You can purchase any firearms you want here. It will also cost less and will be in significantly better condition than the vast majority of firearms available in India.

If it was me, I would just cut my losses and not pursue this any further.
However, I would note the relatives who have taken advantage of me and would consider that in all my future dealings with them.

[goodboy_mentor]

Do I need a Gun License in India in order to transfer the guns in my name? Is it a long process?

If your relatives(the present arms license holders) are co-operating with you, they can themselves initiate the process to send the guns to you as "family heirloom". For that they will probably need an export license from the Directorate General of Foreign Trade. On your part, you will have to do have necessary paper work required as per US laws.

Rest of the questions appear to be have answered pretty well by other members of the forum.

[marksman]

Thousand pardons I seek for hijacking the post. Please enlighten me on this one. What if a person having a valid arms license in India changes his/her residence and citizenship. does he or she looses the right to possess the fire arm in India? Needless to say that the licensed fire arm does not leave leave this country. The now NRI supposedly also happens to be a regular visitor to India. In this scenario can he/she keep the fire arm in custody of another licensee to avoid unauthorized use by way of Authority Letter. Should police have any objection to issue a NOC in such case for the regular renewal?
IFG law guys....please help.

Marksman

[goodboy_mentor]

Thousand pardons I seek for hijacking the post. Please enlighten me on this one. What if a person having a valid arms license in India changes his/her residence and citizenship. does he or she looses the right to possess the fire arm in India? Needless to say that the licensed fire arm does not leave leave this country.

NRI is an Indian citizen. PIO, OCI stand on equal footing with NRI except that they do not have political and some other rights.

Arms Act 1959 is not bothered whether you are NRI, PIO or OCI. So practically nothing much to worry on this front. If for any reason licensing authority refuses to renew the license, take the refusal in writing from licensing authority, approach appellate authority. If still refused approach High Court or Supreme Court.

For more details about the legal position of NRI, PIO or OCI, may refer the reply by "alexander" in the following link http://www.lawyersclubindia.com/experts ... 532411.asp

The now NRI supposedly also happens to be a regular visitor to India. In this scenario can he/she keep the fire arm in custody of another licensee to avoid unauthorized use by way of Authority Letter. Should police have any objection to issue a NOC in such case for the regular renewal?

What is there in the Arms Act 1959 or its Rules that is preventing you from trusting your family members regardless whether they have arms license or not? The firearm is your property, isn't it? Why(legally), can't you entrust your property in custody of your family members? Section 3(1) of Arms Act 1959 is very clear about the authority letter. What is preventing you(legally) from giving authority letter for the purposes as stated in Section 3(1) of Arms Act 1959?

Anyways, regardless of all this, you can always make anybody a retainer of your firearm. For that you will have to follow the procedure as laid down in Arms Rules 1962.

About police having any objection to issue a NOC in such case for the regular renewal, why would they have objection unless you needlessly confuse them by saying that you are NRI, PIO or OCI?

Moreover any objection by anyone(including police), carries zero legal value unless they are able to furnish something that offends Sections 9, 14 or 17 of Arms Act 1959. So don't do anything that offends Sections 9, 14 or 17 of Arms Act 1959.