Questions regarding air guns in India from an Spaniard

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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anmoga
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Questions regarding air guns in India from an Spaniard

Post by anmoga » Tue Aug 04, 2015 10:57 pm

Hi guys,

I am in a job selection process and might go to India to work. I already worked in New Delhi between 2005-2006.

I've been searching in the posts and came with this
http://indiansforguns.com/viewtopic.php?f=4&t=2335
http://indiansforguns.com/viewtopic.php?f=4&t=2335
http://indiansforguns.com/viewtopic.php?f=4&t=2335 post.

According to it you don't need a license to have a .177 or .22 air gun but I don't have clear with what powers you don't need it.

In Spain you don't need a gun license as long as it is .22 or smaller and has at most 24.3 Joules of power. In UK I think is around 16 Joules and in Germany something like 7.6 (only olimpic shooting power).

My questions are:
- if I bring my pcp gun with a power of 24.3 joules would I need a gun license in India?
- are air compress guns sound suppresors legal? In Spain are legal but in Portugal they are not legal.
- where are you allowed to use the gun?
- if I am going to work legally there with all my working papers can I bring my air gun with me? Will I have to pay customs?
- can you use your air gun for hunting pests or other kind of animals? In Spain it is forbidden but in UK you are allowed. If you can do you have to do it in certain places or you need a license for hunting?

I would really appreciate any help regarding this issues or any other issue you might think I should be aware.

Thanks in advance,
Angel

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Re: Questions regarding air guns in India from an Spaniard

Post by kshitij » Wed Aug 05, 2015 9:53 am

I will answer your questions to the best of my knowledge. Do not guarantee my answer to be 100% accurate so it is best you verify and re confirm with others :)

In india air guns upto .22 cal and under 16 joules or 12 foot pounds are considered legal.
(The power limit mentioned is the general consensus here. Speaking in pure legal terms, anything that passes the "Deal Wood" test is legal to own.)

Only luck can decide how easy or difficult it would be for you to get your 24J air rifle through the customs. Incase you are allowed to get it in, you would have to pay a 30% duty on the declared value.

PCPs are legal. Sound suppressors on airguns is a grey area.

Best place to use your airgun would be in a range. But they only allow club rated .177 guns.

Other places you can safely use your airgun are within properties that are owned by you or people you know. Public places are a big no go.

Hunting of anything is banned. I guess you can legally only kill rats and you dont need a license for it. Not sure if you'd want to go looking for rats in an urban area with an air rifle on your shoulder :D

If i were in your place, i would get my airgun along and if the customs cleared it, i would pay the duty and get it in. If not then would have it couriered back home.
Next would clarify if i can use the airgun within the place i am renting to stay. Would then go about finding avenues to plink within safely and legally.

Hope i could help.
Cheers.
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Re: Questions regarding air guns in India from an Spaniard

Post by mundaire » Wed Aug 05, 2015 12:19 pm

I'm sorry Kshitij, but your information is incorrect. :) So far the legal status is as follows:

So long as an airgun passes the "Deal wood test", it does NOT require an arms licence. See http://indiansforguns.com/viewtopic.php ... 335#p50363 for details about what the "Deal wood test" is.

The NEW (draft) Arms Rules 2015 (please search the forum for details), will CHANGE things. As per these new rules (yet to be notified), the power limit placed on airguns is set at 20 Joules/ 15 ft lbs. Once these rules are notified anyone with an airgun with a power rated above 20 Joules will need to get an arms license for the same. Failure to do so would attract all of the penalties under law which apply to possession of an unlicensed firearm (prison term up to 7 years, etc.).

Considering the Indian scenario, it would be safe to say that as soon as these new rules are notified, ALL airgun owners will face severe harassment from the authorities as the onus on proving the power levels would be on the owner... :evil:

Cheers!
Abhijeet

Added in 17 minutes 41 seconds:
anmoga wrote: My questions are:
- if I bring my pcp gun with a power of 24.3 joules would I need a gun license in India?
- are air compress guns sound suppresors legal? In Spain are legal but in Portugal they are not legal.
- where are you allowed to use the gun?
- if I am going to work legally there with all my working papers can I bring my air gun with me? Will I have to pay customs?
- can you use your air gun for hunting pests or other kind of animals? In Spain it is forbidden but in UK you are allowed. If you can do you have to do it in certain places or you need a license for hunting?

1. While there are currently no specific power limits in place, the soon to be notified Arms Rules have set the power limit at 20 Joules. So you essentially CANNOT import an air-rifle over that power limit as it would be considered a firearm and firearm imports are banned (for all practical purposes).

2. So long as your airgun passes the deal wood test (current law) or is within the specified power levels (upcoming rules), it is exempt from all provisions of the Arms Act, so there would be no restrictions on using sound suppressors. Only sound suppressors for firearms require a license, though I have never heard of anyone ever being issued such a license.

3. So long as your airgun passes the deal wood test (current law) or is within the specified power levels (upcoming rules), it is exempt from all provisions of the Arms Act, you can use it anywhere so long as you do not endanger public safety. Delhi has a few airgun shooting ranges, you can always use those, or a friend/ acquaintances farmhouse.

4. You can only bring in a .177 cal airgun, if you are a member of a rifle association/ shooting club in India, you won't have to pay any duty - otherwise duty will be charged duty at about 30%-33% of assessed value.

5. There are only 2 creatures listed as "vermin" under Schedule V of the Wildlife Protection Act - the common crow and rats. Shooting anything else for pest control is forbidden. Even shooting these two within populated areas can cause problems - if there is a possibility of endangering bystanders.

Hunting in all forms is forbidden in India (since 1991).

Cheers!
Abhijeet
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Re: Questions regarding air guns in India from an Spaniard

Post by SMJ » Wed Aug 05, 2015 1:36 pm

Hello Abhijeet,

In your opinion, do you believe these changes to Air Arms would be effected?
I was talking to a gun dealer here in Mumbai and since air rifles and pistols I presume bring in maximum revenue from total sales he mentioned that they (all gun shop dealers) will be challenging this new law in court if it is passed, all the way to the Supreme court if need be! I think some sort of notification may have already been given regarding a proposed change as they have already filed some sort of petition to this effect from what I understand...

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Re: Questions regarding air guns in India from an Spaniard

Post by kshitij » Wed Aug 05, 2015 1:41 pm

@abhijeet, Thanks for providing the accurate details.

@SMJ, best to discuss the amendments and repercussions in a separate thread. Else we may end up hijacking this thread and confusing our Spaniard friend :lol:
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Re: Questions regarding air guns in India from an Spaniard

Post by SMJ » Wed Aug 05, 2015 2:05 pm

@Kshitij you are right chief, :agree:

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Re: Questions regarding air guns in India from an Spaniard

Post by mundaire » Wed Aug 05, 2015 2:34 pm

It's not what I believe, it is a fact, please see http://indiansforguns.com/viewtopic.php?f=4&t=23319 and viewtopic.php?f=1&t=23372 where the (draft) Arms Rules 2015 are being discussed.
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Re: Questions regarding air guns in India from an Spaniard

Post by SMJ » Wed Aug 05, 2015 9:28 pm

Hi Abhijeet,

I am totally aware of this discussion I even sent an e mail as well with my suggestions using the same points mentioned by Capt R Sharma (I think) In order to try and avoid my mail going into spam, I changed the sentences around a bit. Anyhow I just thought it would be interesting to know your point of view on whether you think changes specifically pertaining to air arms would be effected :)
@Kshitij- sorry for the OTT post-no more on this thread :) Just wanted to respond to Abhijeet who was kind enough to reply.

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Re: Questions regarding air guns in India from an Spaniard

Post by mundaire » Thu Aug 06, 2015 12:19 am

Rest assured a 20 joules power limit is in the offing, unfortunately it seems not enough people protested for them to change their minds...

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Re: Questions regarding air guns in India from an Spaniard

Post by SMJ » Thu Aug 06, 2015 10:37 am

:roll: , thanks Abhijeet!

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