Fresh arms license in Hyderabad under family heirloom category

[ma_sami]

Hello Folks,

I am planning to apply for a fresh arms license for .32 pistol (Masuer HSc) in Hyderabad. I want to apply it under the family heirloom category as my father is currently holding this gun and want to pass on to me. My father is more than 70yrs old so I think the Arms act allows it. Can someone please provide the detailed steps how this can be achieved in Hyderabad as of today?

Q1. Where to apply for the license and what is the procedure?
Q2. What are all the documents required? Apart from my personal documents, photocopy of my father's license and letter from him stating that he wishes to transfer the gun to me should be enough. Normal letter should be good enough or it has to be notarized?
Q3. Do I need any undertaking from my siblings that they do not have any issues with that (read this somewhere in the forum for a license in Maharashtra. Not sure if applies for Hyderabad).
Q4. What are the success rates in getting the license successfully in Hyderabad? Also, how can these chances be made better by joining in club. Any other legal steps please let me know.

Question regarding Application form from TG Meeseva

Q5. In "reasons for applying for license" should I just mention as family heirloom or should I mention family heirloom+ personal safety. I read that is personal safety is mentioned then you have to show documentary proof for threat to life.
Q6. The application form downloaded from TG Mee Seva one questions says "Place where arms/ammunition will be kept". Is saying "In house in locked almirah" the correct answer?
Q7. There is a section saying "Informant details"? What does this mean. Does it mean I have to give someone reference.
Q8. In "Service Specific Details" there is section called "Head of license". Does that mean myself?

Queries regarding transfer of weapon.

Q9. In case I get the license there would be a transfer of weapon required from my father (who is in UP) to me? What process needs to be followed to do that? Also, what are the legal ways of carrying the weapon from UP to Hyderabad after the transfer is completed.
Q10. Is it legal to keep a pistol in bank locker?

Sorry for the long thread but I need this information very urgently. Folks from Hyderabad please help.

Thanks in advance.

[ma_sami]

Legal team .... Please help here

[goodboy_mentor]

Arms Act 1959 and its Rules for firearms are same all over India. Instead of downloading a form that is asking legally irrelevant questions, you may download the application form directly from MHA website.

In metro cities and some other cities that have Commissionarate system, the licensing authority is usually the Deputy Commissioner of Police. In districts it is usually the District Magistrate. You may confirm this from the official website or by personally visiting the local government office.

The documents are - carefully filled application form, copies of proof of identity and residence, your photographs, NOC from all the legal heirs to the gun. If they also want a letter from your father, photocopy of his arms license, you may also give that. The reason for license will be "family heirloom". Submit the form along with license fees and take written acknowledgement of submission of the application.

Unless your father has all India validity license, he will have to get a transit license to bring the gun to your place.

Personally I am not aware of any legislation that says keeping your legally owned gun in your bank locker is illegal. You may ask the bank manager to know if there is any such legislation. Some banks have their own personal rules pasted besides the main door stating carrying firearms within the bank premises is not allowed. I would not like to comment how legal or reasonable are these rules that prohibit law abiding citizens to carry the legally owned guns. Almost every aspect of licensing and the usual problems faced by applicants or arms license holder are already discussed in this forum. Please browse the legal eagle section or use the search function on the upper right hand corner.

[doctor]

If you put in as a" family heirloom", then you can just keep the weapon in your home without any bullets, you cannot use it as a weapon.
These were the words of a senior officer when I went to apply in the same clause.

[goodboy_mentor]

If you put in as a" family heirloom", then you can just keep the weapon in your home without any bullets, you cannot use it as a weapon.
These were the words of a senior officer when I went to apply in the same clause.

These views are contrary to the views of the Arms Act 1959. Sometimes government babus behave and think as if their word is the law. It is not only unfortunate but also a matter of deep concern.

[doctor]

If a person does apply under the heirloom category with his father having a weapon for self protection, does the law allow you to have a weapon under the category of self protection?? Need the references for a friend of mine whoseis being denied the same and is made to accept the weapon under the category of farm protection.

[goodboy_mentor]

If a person does apply under the heirloom category with his father having a weapon for self protection, does the law allow you to have a weapon under the category of self protection?? Need the references for a friend of mine whoseis being denied the same and is made to accept the weapon under the category of farm protection.

If the licensing authority is having mental problems issuing the license under family heirloom and is willing to issue for self protection, just go ahead to follow the legal formalities and take the license. There is no prohibition under Arms Act 1959 against getting license for self protection, if father or some other family member already has license for self protection. Otherwise from the angle of law, their is also no harm in sticking to "family heirloom". The problem which you might face in future for license held under family heirloom or crop protection is that they may refuse extension of area validity or if you want to regularly carry it for self protection.

As per Article 21 of the Constitution of India, the right of self defense is a fundamental human right. Sections 96 to 106 IPC are flowing from Article 21. Section 96 clearly says that nothing is an offense which is done in the exercise of the right of private defense. "Nothing" in Section 96 IPC also includes use of gun held under family heirloom license for right of private defense as mentioned from Section 96 to 106 IPC. You may use internet to read these sections of IPC and related judgements by High Courts and Supreme Court.