Importing firearm under TR rules

[sks76239]

Hi,

I am an Indian citizen currently living overseas but will be returning to India next year. I joined this forum recently as I has a question related to import of a firearm under transfer of residence rules. I found the previous threads very helpful but I am still not sure about some things, so, I am asking here

I will be residing in India for few months but will be going back. So, can I still use Transfer of residence rules to import a firearm?

I was thinking of bringing CSA scorpion chambered in .32 ACP (picture attached) so that ammunition can be sourced locally as importing ammo regularly would be expensive. Can I get license for this firearm in India? I am not sure if it will considered as a Pistol or sub-machine gun.

and How much ammo can I bring with me?

Thank You

[Shivaji.Dasgupta]

The Specification of CSA Scorpion is not indicating it as a handgun rather in between a SMG and a Hand Gun. Though it Chambered .32 but I don't think it will have any chance to get a License in India.

[sks76239]

thats not what I wanted to hear. I guess I will have to look into something else. If u have any other semi-auto suggestions suitable for Indian streets, let me know.

[Anand]

IMHO, the scorpion qualifies as a pistol if you remove the metal wire stock, so long it is legal to do so in the country you are bringing it from.
Just make sure that it is the semi-auto version .
In the Indian Arms Act or Arms Rules there is nothing regarding metal or wood stocks attached to pistols. In fact Broomhandle Mausers (C 96) and other stocked pistols such as the Star Model 1's are seen in India.
Regards,
Anand

[goodboy_mentor]

Agree with Anand, the scorpion that is not full auto but semi auto is perfectly legal as a pistol. As it is, the appearance of the scorpion is itself menacing, the metal wire stock would needlessly add to the confusion of the customs as well as bureaucrats. Just keep the metal wire stock away, detached and separate. Once everything is done, then you may attach it if desired.

[sks76239]

I will keep in mind to import it without metal wire stock attached. I guess, I'll have to take my chances with importing something of this sort. Lets see how it goes.

Is there any legal definition of Pistol or Handgun in the firearms act?
If there is not, then I guess even something like Ar-15 pistols available in .223 can be shown as semi auto handgun/pistol and NPB license obtained for the same.

Anyways, I will post my experience about importing next year. thank you all for your feedback.

[goodboy_mentor]

Is there any legal definition of Pistol or Handgun in the firearms act?

Arms Rules 1962 did not have any definition of handgun or pistol. However Rules 2(24) & (38) of Arms Rules 2016(have not been approved by Parliament till now) have defined what is handgun and pistol. They say the following -

“handgun” means a small arm with a short stock at an angle to and extending below the line of the barrel, that is designed to be held and fired with one hand and includes pistols and revolvers;

“pistol” means a handgun with a chamber as an integral part of, or permanently aligned with, the barrel;

If there is not, then I guess even something like Ar-15 pistols available in .223 can be shown as semi auto handgun/pistol and NPB license obtained for the same.

Unless you are prepared to gamble and fight all the way up to Supreme Court, it is better to avoid bringing any gun in .223 because this has been listed as restricted caliber in Arms Rules 2016. Even if you somehow manage to get license for .223, getting ammunition in .223 may be a problem.

[sks76239]

ya, I will stick to scorpion only for now. I mentioned AR-15 pistols just to introduce the above mentioned idea.

[russianshooter]

ar-15 pistol its prohibited bore i think

[Perazzi919]

Hi Anand,

Can you please eloborate om the rule?

I have a similar case as this thread and my only concern is as to how to receive an import permit from India?

[Perazzi919]

Hi friends,

Can you please help me with my question:

I have my owned a NPB handgun in the USA for a while, I am planning to move back soon and want to take it along with me. I have a valid arms license in India.

My question is what is the paperwork required? Where can I find any import license paperwork/Baggage rules/Government order for TR on firearms etc for carrying this along with me?

I will really appreciate it if anyone could help me with this.

[Anand]

Perazzi919,
sorry for the very late reply. Below is some relevant information:
1. AFAIK there is no one who will give you a clear cut import license or permit for the purpose of import of firearm on Transfer of Residence(I could be
wrong on this as many things have been streamlined recently).

2.There is a provision in the Arms Act 1959 and Arms Rule 1962 and in the latest Arms Rules 2016 for the legal import of a firearm in certain
instances such as Sports etc. You could download the forms from Arms Rules,2016 and attempt to convince your LA with the reasons you have.

3. The import of firearms is actually regulated by the Finance/Revenue Department under import-export laws, so your LA may say go to them.

4. As you may be aware the NRAI is the body which actually gives the import license to renowned shooters in their respective categories and has no
connection to imports under TR.

5. You could try getting a No Objection Certificate (NOC) for Import of firearm as allowed under Baggage Rules/TR Rules from your DCP/Licensing
Authority mentioning the same on official letterhead, including all your details,Arms License details, Baggage rules/TR rules etc and then state that
they have no objection to the import.(This is what I did in 2003).

6.This satisfied the US requirement for granting a license for the permanent export of a firearm through a registered exporter, in those days.

7.If you get in touch with a licensed exporter in the USA, they will guide you as to what exactly is needed. Just remember to mention to them the
exact condition and limitations with which you are seeking an export from the USA to India.

8. The licensed Exporter may say that a letter from your Embassy may suffice, but this route has failed as our Embassy does not give these letters if I
remember correctly.You could still attempt getting one by writing to them.

I hope this helps.
Anand

[Perazzi919]

Hi Anand,

Thank you for your response. Who are you referring to when you say LA?

1. Totally agree to your point.
2. There should be a TR provision somewhere?
3. Is the import of firearm not regulated by DGFT?
4. Yes, I am aware of that
5. NOC seems like a good idea, I'll see if I can get that
6. Do you suggest I need to use an export agent or I should apply for this myself?
7. I am currently working one licensed exporter and they have no idea to deal with Indian import laws, Do you suggest any export agent I could use?
8. Embassy letter sounds difficult as they may not know the rules and it will b hard to explain to them everything.

Please let me know your thoughts.

Thank you,

[Sohrabsingh]

Hello everyone
I am new to the forum and i will be transferring my residence to india and i want to bring a handgun under tr rules. I have shortlisted the following three. Please let me know which is most popular in india
1. Colt gold cup .45 acp
2. Dan wesson specialist commander version .45 acp
3. Smith & Wesson 1911 PC .45 ACP

[surajshuresh]

My personal preference would be the Dan wesson specialist commander version .45 acp but if you can bring up your budget a bit more i would go for a custom 1911 i wanted to get a custom 1911 but i did not go for it in the because i dont want a expensive paper weight .45 ammo is expensive and hard to get so i went for .32 as the ammo is easily available and i can enjoy shooting my gun. See more options also because you will have this for a lifetime.