Gun is a property or not ?

[mridulsitai]

My father has two guns in one Licence After his Death i am submitted all gun in a gun Shop And Submitted an a Application in FAMILY HEIRLOOM policy ON January 2015 . Till Date No any proper response from District Magistrate office. What I Do now ? How to Write a Latter (With Act) to D.M for my Licence ?

In india, Gun is a property or not ?
If Property , than what is the Act for it ?
If it a Moveable Property than what is the Act ?

Thanking You.

[Vakil Saab]

1. Gun is a moveable property and the general law of inheritance is applicable on it. In simple words, since you re the legal heir of the deceased you can claim it's ownership.

2. The transfer of arms is governed by a special act i.e. Arms Act and rules made thereunder. So you're doing the right thing by applying under the heirloom policy.

3. If DM does not takes any action even after reminder then you can approach the concerned High Court under article 227 of the Constitution and normally HC will give same day order to the DM asking him to take a decision (i.e. dispose off) your pending application within a specific period of time, say, one month/six months etc. The process is not very complex and you can easily do it yourself without any lawyer, but for that lots of homework needs to be done. You can take help of a law clerk for filing etc, but if you find it difficult to understand then do hire a good lawyer.

4. This is friendly advice and does not constitutes legal advice.

[marksman]

One more thing i'd like to add for all Arms owners. One can declare and deposit the amount received for the fire arm sold in a bank, in cash or check, how ever big it may be, as it will not be taxable for that particular year. Usually the ball is in buyers court in such matters ..
I have learnt this from a veteran Target shooter but please seek an advice of a Tax consultant also if ever you intend going through this kind of a deal.

Marksman
This too is a friendly tip not to be taken as a legal sdvice.

[Vakil Saab]

One more thing i'd like to add for all Arms owners. One can declare and deposit the amount received for the fire arm sold in a bank, in cash or check, how ever big it may be, as it will not be taxable for that particular year. Usually the ball is in buyers court in such matters ..
I have learnt this from a veteran Target shooter but please seek an advice of a Tax consultant also if ever you intend going through this kind of a deal.

Marksman
This too is a friendly tip not to be taken as a legal sdvice.

Capital gains tax is applicable on profit from sale of private firearm in certain situations. Consult a cost accountant for updated advice.

[marksman]

Sorry for hijacking the post but if I bought it say 25 years ago and sold it today for certain reasons for 100 times the price. What then?
I certainly didn't mean short time gain as that would be akin to business which only certain renowned shots have the privilage of and indulge in .

Marksman

[StampMaster]

dear mridulsitai,

A little ,ore about your background will help us IFGians to give you better advice. What guns (handgun, rifle, shotgun etc) were in your father's AL, and what do you intend to do with them (use for yourself or sell) etc and your interests to own arms.

As per the Arms Act, for heirloom you can get only one weapon of choice (if the deceased have more then one). As the DM and Police dept question you the need too. As you have no requirement or direct threat, you will be allowed only one gun on your AL, if ever if you get one. You may have to discuss this legal expert and some of our friends here at IFGians will be of better help.

Cheers

[mundaire]

A firearm is your personal property, in fact till the time Indira Gandhi amended the constitution (deleting the right to property) most arms license cases were fought and won based on the right to property.

Even today the right to property is a legal right (though no longer a fundamental right, thanks to Ms Gandhi).

AFAIK no one can legally challenge your right to inherit a firearm.

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Added in 1 minute 32 seconds:
Unless you are barred from holding a firearm as per section 9 and/ or section 14 of the Arms act 1959!

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[mundaire]

Unless you are barred from holding a firearm as per section 9 and/ or section 14 of the Arms act 1959!

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[mridulsitai]

I am submitted the application for fresh arms licence in legal heir policy on 13-01-2015.

but no resonance from the department d.m. and s.p. and they not complete the police varification .
my local police station said they have lost my varification document .
what i do next ?

can i submit RTI ?
IF YES THAN HOW I WRITE A RTI AND WHERE SUBMIT RTI APPLICATION IN WEST BENGAL .

How to visit with d.m. and S.
p. ?

[StampMaster]

Yes you can submit RTI, search with RTI keywords and you will find how to file RTI. Check this link Who to submit an RTI. I've posted how to submit RTI.

As you are saying DM and SP, i think you're from district. So address to APIO/PIO of DM office.

You can directly visit their office during operational hours (do you want us to provide route map and appointment? )

[Vakil Saab]

I am submitted the application for fresh arms licence in legal heir policy on 13-01-2015.

but no resonance from the department d.m. and s.p. and they not complete the police varification .
my local police station said they have lost my varification document .
what i do next ?

can i submit RTI ?
IF YES THAN HOW I WRITE A RTI AND WHERE SUBMIT RTI APPLICATION IN WEST BENGAL .

How to visit with d.m. and S.
p. ?

To,
The Public information Officer/District Magistrate/Competent Officer
<Address/City>

Sub: Application u/s 6 of Right to Information Act, 2005.

Sir,

Kindly provide the information requested in below mentioned points via registered post to the applicant's address with respect to his application for arms license bearing application number ............ dated (any other detail that can be used by staff to track your application).

1. On which date was the ibid application for arms license was received by your office?

2. What is the current status of the ibid application for arms license viz. pending, denied, approved &c. ?

3. Till date what action has been taken for disposing off the said arms license application?

4. (a) Is their any citizen charter in effect in the city/state that provides a time limit for disposal of Application for Arms License?
(b)If yes, then please provide the prescribed time limit for the same.

5. (a) Is their any citizen charter in effect in the city/state that provides a time limit for completion of police verification for the purpose of arms license?
(b)If yes, then please provide the prescribed time limit for the same.

The prescribed fees of Rs. 10/- only is being paid herewith vide IPO numbered ................... dated ............... made out in favour of Accounts Officer, ......name of deptt......., payable at ............... .

THANKING YOU

Place APPLICANT
Date S/o... R/o ... Mob....

Added in 1 minute 52 seconds:
You can directly approach High Court under Article 227 of Indian Constitution and you will most probably get same day order asking the DM to take a decision on your application within a fixed time limit.

Added in 2 minutes 31 seconds:
Also, no govt servant can say that he has lost your papers.. he will be suspended... it is a crime to lose public documents..

[goodboy_mentor]

A firearm is your personal property, in fact till the time Indira Gandhi amended the constitution (deleting the right to property) most arms license cases were fought and won based on the right to property.

Even today the right to property is a legal right (though no longer a fundamental right, thanks to Ms Gandhi).

AFAIK no one can legally challenge your right to inherit a firearm.

Notwithstanding her sordid political policies of destroying democracy, genocides, subverting the rule of law and her role in subversion of right to property, the final deletion from Part III of the Constitution was done by the Janata Party government in 1979. Article 19(1)(f) was omitted with effect from 20-6-1979 and Article 300A was inserted by the Constitution (Forty-fourth Amendment) Act, 1978, with effect from 20-6-1979. Shanti Bhushan was the Minister of Law and Justice when all this was done. More details about the history of this sordid political drama can be read at http://ccs.in/internship_papers/2002/25.pdf

Right to property is a human right under Article 17 of Universal Declaration of Human Rights. India is a signatory to it. Thus notwithstanding all these amendments to the Constitution, the technical legal position that property(including arms) is a human right remains. Few years ago there was a judgment from Supreme Court that confirmed property is a human right.

What does all his practically mean? Earlier one could approach Supreme Court directly under Article 32 or High Court directly under Article 226. Now one will have to work his way up from lower courts to High Court or Supreme Court. Also a clever lawyer can make it a human rights issue under Part III and approach Constitutional courts directly under Article 32 or 226.

can i submit RTI ?
IF YES THAN HOW I WRITE A RTI AND WHERE SUBMIT RTI APPLICATION IN WEST BENGAL .

How to visit with d.m. and S.
p. ?

Vakil Saab has advised you very well, nothing much to add. If you want to add more questions etc. may read the following thread which was created few years ago viewtopic.php?f=4&t=10826

[mridulsitai]

Any Judgment for family heirlooms arms ?


pls help me

[mundaire]

You can find judgements at the indiakanoon website

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