Delay in Renewal of Arms License

[Ticky]

Hi Friends,

I am facing a problem in Bangalore trying to renew my Arms license. I applied for the Renewal of Arms License, 15 days prior to its expiry. It has been more than 2 months since I submitted my application and it is still not been done and the reason given to me by the concerned clerk at the Commissioner's Office is that the concerned DCP's post is vacant and the temporary DCP in charge is asking for a Police Report where as the previous DCP did not insist for it and to avoid this whole mess of Police Report thing, they are waiting for the DCP's post to be filled. I want to know if anyone else is facing the same problem and how they are dealing with it.

Mean while at the local Police Station, I was advised by the Police Inspector to deposit the weapon until my license was renewed or else if anything were to happen before the renewal, I were to be blamed/at fault even though he was aware that I had submitted my application for renewal 15 days prior to the expiry date. I obediently followed his instructions and deposited my weapon at the Arms Dealer only to find out latter at the Commissioner's Office that it was not required for me to deposit my weapon since I had applied for renewal prior to the expiry date. When I went back to the Arms Dealer to collect my weapon back, he said that according to the rules, he cannot had over my weapon to me unless my license is renewed.

The Writer at the Police Station told me that the Police Report means to say that they need to mention or substantiate the need for me to posses the weapon. So, I am struck as of now.

Any information or help regarding this matter would be most helpful. Thanks!

[goodboy_mentor]

It appears you have unknowingly complicated the matters by needlessly depositing the gun due to the suggestions of some irrelevant persons.

When you have applied for renewal, is it your fault if the delay is being done by the office of licensing authority? So long you have some kind of written proof that you have applied for renewal, how can you be held responsible for violating Arms Act 1959?

After all you have purchased the gun using your hard earned money. It means it is your property. Your property is guaranteed as a Constitutional right under Article 300A of the Constitution. It also means you cannot be deprived the possession of your property without the due process of law. The due process of law has to be fair and reasonable.

Why would any arms dealer hand you the gun back unless you have a valid arms license?

What is the solution to the problem? Wait until the licensing authority renews the arms license.

Legal role of police in arms license issue or renewal is limited to furnishing criminal records about you. Anything written more than this by police is legally irrelevant to the Arms Act 1959.

[StampMaster]

Laws here are funny or just made to modify them for convenience of the authorities.

In Telanga you need to deposit your gun before License Holder apply for renewal. And deposit can be avoided on greasing the hands of the clerk. And time for renewal takes about 1-2 months or more depending on the person in charge. And meanwhile you cannot get your gun released from the depositor.

Not every person comes with same experience and background, some officials are public friendly and some not. In karnataka about 60 position of IPS are vacant on sanctioned of 205 posts, which is about 30% of total IPS posts.


cheers

[Ticky]

I guess I'll just wait and see then.

[StampMaster]

Today's update-

I had to visit the local licensing authority with my friend for his application status, I got to meet some fellow license holders and got to know that their application- new, renewal etc are pending for last 3 months as the concerned clerk post is vacant.

Filing RTI didnt solve any purpose as the clerk position was vacant for too long and the RTI request was lying on his/her desk.

[Ticky]

DCP's post is vacant is what was told to me.