Legal Advice required wrt to Blank Pistol Import

[hellfire_m16]

Hi Guys,

First of all wishing one and all a very happy new year 2016!

I recently imported a Beretta Blank Pistol for my collection.

The tracking shows that the Blank has gone to the customs for inspection.

Would like your esteemed advice with regards to the relevant custom import notifications and arms act provisions.

Links and personal experiences will be much appreciated.

Thanks in advance.

Kind regards,
VM

[goodboy_mentor]

As per the above information, the customs have inspected the imitation firearm and most probably were satisfied that it does not require a license under Arms Act 1959, that is why they cleared it. Please read the definition of firearm in Arms Act 1959. As per the definition in Arms Act 1959, only if the gun can fire a projectile, it is a firearm. Blank gun(imitation firearm) cannot fire a projectile, thus not a firearm.

[hellfire_m16]

Hi Goodboy...thank you for your reply...the item is still with customs...not yet released...would appreciate if you can guide me to the relevant link of the arms act.

Regards,
VM

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[goodboy_mentor]

You may obtain copy of Arms Act 1959 from the website of Ministry of Home Affairs. For Customs related information the DGFT website may be searched.

[hellfire_m16]

Thank you good boy.

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[mundaire]

You can download a copy of the Arms Act & Rules from https://www.indiansforguns.com/viewtopic.php?f=4&t=1474

As per law currently blank guns are NOT considered as arms - and rightly so, as they cannot be used for offence or defence.

However, if the mandarins at Ministry of Home Affairs have their way, blank guns as well as replicas may soon be classified as arms and require an arms license... similar to what they are planning to do for airguns.

Cheers!
Abhijeet

[hellfire_m16]

Thanks for the link Abhijeet! Much Appreciated...

BTW the blank was cleared by customs.

Thank you guys for your help.

[subodh22]

hellfire_m16 give us some information on from which online shop or where did out purchased the item

thank you

[Vakil Saab]

Thanks for the link Abhijeet! Much Appreciated...

BTW the blank was cleared by customs.

Thank you guys for your help.

Kindly post some pics and let us know the make and model.

[ketanjaiswal]

HI Guys
MY blank firing gun is arrived in delhi Via fedex courier but it is detained by custome and they are asking for arm licence.
i explain to FEDEX that this is not real gun and it does not need a arm licence but they said you have to provide a arm licence otherwise you cant release it from custom and it will be ceased by custom if you cant provide arm licence and NOC with in 30 days.
can anyone please help me to with what to do. Please help.

Thanks

KInd Regards
K Jaiswal

[Vakil Saab]

HI Guys
MY blank firing gun is arrived in delhi Via fedex courier but it is detained by custome and they are asking for arm licence.
i explain to FEDEX that this is not real gun and it does not need a arm licence but they said you have to provide a arm licence otherwise you cant release it from custom and it will be ceased by custom if you cant provide arm licence and NOC with in 30 days.
can anyone please help me to with what to do. Please help.

Thanks

KInd Regards
K Jaiswal

Your first step should be to send a legal notice (which you can do without a lawyer, in your own name/on your own letterhead/via email) to FedEx telling them that they are unreasonably asking you for an arms license and since your blank gun cannot shoot projectiles it is not covered under arms act. Tell them that if they do not comply with your demands then you will sue them under provisions of Consumer Protection Act and also send them a copy of relevant import policy documents, arms act provisions etc. Notice copy should be sent to all the directors of the company, HR deptt for taking action against idiot execs and to the Zonal HQs, if any. Send by registered post as well as by email.

If you need any help with drafting, inbox me.

Hopefully, this will solve your problem, if not then your next step will be to deal with customs. First do this then get back to us.

Regards

Added in 16 minutes 31 seconds:
An alternative approach can be to send notice to both FedEx and Customs simultaneously, considering your 30 day deadline. Remember, if your lawful shipment is confiscated then the concerned customs-wallah can be prosecuted and put to jail at worst or suspended at best. You can file a criminal case against him/her and his career will be destroyed. You've done nothing wrong so be bold and carry on.

Central Government Act

Section 166 in The Indian Penal Code

166. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a public servant, knowingly diso­beys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration A, being an officer directed by law to take property in execu­tion, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.

[hellfire_m16]

Hi Ketan,

Just google online. They are a lot of blank guns imported into India. Get the list from the net and ask the customs how did they release those. They are not firearms...but, customs interpretation is unimaginable most of the time...take the RTI route if necessary...Vakil Sabh has offered you his kind help...customs cannot seize just like that...its a headache for them too...

Added in 2 minutes 31 seconds:

hellfire_m16 give us some information on from which online shop or where did out purchased the item

thank you

Hi Subhodh...i purchased from ioffer...

[defcon007]

hi hellfire_M16..as u mentioned u imported it from ioffer.com usa, they send it through USPS which is traceable upto usa only and once it left to india there is no record.so how did u came to know that it is with customs

[vedant1711]

Please refer to the trading section rules- Moderator