Applying for an Arms License in India

[goodboy_mentor]

A friend of mine who is a lawyer and in Raj. state government's panel, had applied for license. LA has asked why do you need license, what is the threat to your life.
Any advice on how to frame the answer. He'll also meet the LA in person.

Secondly, my father has licensed muzzle loader with tehsil validity at ancestral village. I'm planning to apply for license as hereditary transfer. But I shuttle between Jaipur (hometown) and Noida where I work. Given the difference of locations against current license validity area, how to build my case?

Regards,
Virendra

First of all I am assuming that your lawyer friend is not shy of moving High Court if application is finally rejected even by the appellate authority. What to say about this legally baseless and irrelevant question of "threat to life"? Best answer would be the one he is himself comfortable with and convinced. I hope he understands that getting license is his legal right and Section 13(3)(a) of Arms Act 1959 is talking of licenses for citizens(provided not offending Sections 9 and 14) because Article 19(1)(b) has clearly and explicitly acknowledged arms as fundamental right of citizens. You may direct him to read the following post https://www.indiansforguns.com/viewtopi ... 30#p230480

Also it is well settled matter that Indian Constitution is based on fundamental principles and foundations of British Common Law. RKBA is one of the foundational fundamental human right acknowledged in English Bill of Rights. Since Indian Constitution is based on British Common Law principles, RKBA is one of it's fundamental human rights. You may also direct him to read the following posts http://www.indiansforguns.com/viewtopic ... 06#p236684 and http://www.indiansforguns.com/viewtopic ... 06#p239169

About inheriting your muzzle loader gun, you would need written no objection from all other legal heirs to the gun in question. You would also need proof of identity and address of your village. And on practical aspect, if policeman comes from the police station to inquire, your neighbors, the village sarpanch, panches, nambardar etc. should be willing to say that you are the native resident/ son of the soil of this village, have good and noble character, lends helping hand to his father in agriculture and crop protection etc. etc. Once you get local tehsil level license, if you desire afterwards, you may think of getting area validity increased.

[aryandelhi]

If I get a gun licence for target-shooting, can it be also used for self-defence? Will it allow to buy a gun other than air-gun?

[Shailesh kumar]

Very good info
thank you

[Vakil Saab]

If I get a gun licence for target-shooting, can it be also used for self-defence?

When faced with a threatening situation; anyone can use anything for protection of life and property of either oneself or for that of another person; provided that the quantum of retaliation is not disproportionate to the quantum of threat. For instance, if you are surrounded by armed dacoits then you can even snatch an illegal firearm and use it for self-defence. However, if you were only threatened by a guy laced with a lathi and you shoot him in the head, you will be charged with murder.

Will it allow to buy a gun other than air-gun?

It will be pre-specified on your license. You can only buy what is mentioned therein.

Regards

Added in 26 minutes 8 seconds:
About the the viability of an airgun for self-defence; confer this post viewtopic.php?f=14&t=5428

[aryandelhi]

Thanks Vakil Saab!

[Vikram]

For instance, if you are surrounded by armed dacoits then you can even snatch an illegal firearm and use it for self-defence. H?

Could you please elaborate on that bit? Did you mean from one of the attackers or your own? Thank you.

[Vakil Saab]

For instance, if you are surrounded by armed dacoits then you can even snatch an illegal firearm and use it for self-defence. H?

Could you please elaborate on that bit? Did you mean from one of the attackers or your own? Thank you.

If you snatch it from another person (attacker/co-passanger etc.) and kill the assailants then you will not be charged with anything. Just like a village-girl once snatched an AK from terrorists in J&K and killed all of them. She was given cash reward from local police.

However, if you kill an assailant with your own illegal firearm then you will be charged only with illegal possession but not for murder; since the act of killing was "excusable homicide" but keeping Katta is still illegal and punishable.

Please confer to sections 100 and 101 of the Indian Penal Code, as follows:

100. When the right of private defence of the body extends to causing death.—The right of private defence of the body extends, under the restrictions mentioned in the last preceding section, to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions the exercise of the right be of any of the descriptions hereinafter enumerated, namely:—

(First) — Such an assault as may reasonably cause the apprehension that death will otherwise be the consequence of such assault;

(Secondly) —Such an assault as may reasonably cause the apprehen­sion that grievous hurt will otherwise be the consequence of such assault;

(Thirdly) — An assault with the intention of committing rape;

(Fourthly) —An assault with the intention of gratifying unnatural lust;

(Fifthly) — An assault with the intention of kidnapping or abduct­ing;

(Sixthly) — An assault with the intention of wrongfully confining a person, under circumstances which may reasonably cause him to apprehend that he will be unable to have recourse to the public authorities for his release.

101. When such right extends to causing any harm other than death.—If the offence be not of any of the descriptions enu­merated in the last preceding section, the right of private defence of the body does not extend to the voluntary causing of death to the assailant, but does extend, under the restric­tions mentioned in section 99, to the voluntary causing to the assailant of any harm other than death.

Before relying on this and getting any ideas, it is prudent to also read sections 96 to 99 of IPC. That will give you a clear idea that in which situations you can use the right of private defence and when it is not available to you.

Regards

[aks1296]

What should the applicant write in "NEED" for arms license?

1) "Sports"?

2) "Target practice/shooting"?

Also can anybody tell me what would be the difference between the above two reasons, assuming that the applicant is a member of a Rifle Club?

[aks1296]

how to make the police happy to get arms license?

[nagarifle]

how to make the police happy to get arms license?

could you please expand on this, what do you mean happy?

[kshitij]

how to make the police happy to get arms license?

aks1296,
buddy you have made 84 post to date out of which i guess 83 have been questions like the one above. Makes me wonder if you happen to look like this:

images.jpg

Just kidding


Kshitij, neither aks1296 or his latest avatar benny111296 will be posting here.

Should he/she join again, his/her dodgy posts, which have been saved, will be forwarded to Cyber Crime Police along with his IP Address.

-Moderator

[benny111296]

When applying for arms license for .22lr sporting rifle, should i write the reason as target practice? or sports?

[StormTruppen]

Hello Benny..

You should always write SPORTS. And should be a member of a Rifle Club & should have an acknowledgment letter from the governing body of the Rifle Club before applying for the License under Sports Category. You will be issued with a .22 Rifle License under sports category.

After you have received the license you can go towards upgrading your license to include NPB Rifle / Pistol mentioning need to participate in 25m Pistol & BigBore Events. That should cover you up on the licensing issues.

I hope I have answered your query properly.

- Rajarshi.


Sent from my iPad using Tapatalk

[benny111296]

What would happen if I write TARGET PRACTICE? Will they reject it?

[StormTruppen]

Hello Benny..

Our LA Babus & Police connect Target Practice to Hunting in a single breath. So, it will be near to impossible to make them believe how you want to use a 22 for Target Practice. Since, we can't really do plinking in our backyard. We have to use the Shooting Range in our clubs to do the shooting. Anywhere else will land you in trouble one way or the other.

Since, you can't do plinking in the club range. You have to limit yourself to shooting Paper Targets in the 50m Range. Which is a great feeling as well. You can enter in competitions as well & see how you fare against other individuals as well.

So, take the advice get a rifle via the Sports Category & get into the sport. It's really self-rewarding. So, whenever you apply for license get it under sports category. That's the only viable option.

- Rajarshi


Sent from my iPad using Tapatalk