Exemption from depositing Arms during elections

[dheeraj_1772]

Don't know about the situation in other states but in Kolkata I was served with the notice of depositing the weapons for elections during last local body elections. I made a request siting the reasons for grant of license for my self protection and in turn received the letter from BDN Police Commissioner regarding " award of permanent exemption" from depositing the weapon during election. However local PS again served the notice during start of ongoing election procedures to deposite the weapon. I applied with copy of previous exemption letter and that's all... No further notice to deposit the weapons....

[Kshatriya]

I was visited by some cops from the local Thana today & asked to deposit the arms, due to the future elections that would start in UP from 11 th Feb, 2017. I was asked to submit a copy of the deposit receipt at the Thana at the earliest. He has said that if you did not wish to deposit the same, you can approach the committee formed by DM, that has the powers to exempt anyone whom they deem fit. Is there a change in the earlier HC ruling where it was not incumbent for a law abiding citizen to submit his arms during elections. If any person's arms were to be asked for, it has to be in form a letter specifically addressed to him by SO etc., based on the criterion laid down, considering that he fits the profile of someone who is likely to use his arms in an illegal way during elections. Please advise.

[goodboy_mentor]

Not aware of any change in HC ruling or Election Commission order that is asking for blanket confiscation.

If any person's arms were to be asked for, it has to be in form a letter specifically addressed to him by SO etc., based on the criterion laid down, considering that he fits the profile of someone who is likely to use his arms in an illegal way during elections.

Yes this is what the Election Commission guidelines said when checked last time and police should be following it. Election Commission guideline basically said to the effect that unless you are among the "suspects" the police should not be bothering you. You may double check it on Election Commission website.

[Anand]

The correct procedure is for the Govt. to form a committee and to make a list of all those licensees who are "troublemakers" and make them deposit during the election code of conduct. However, the Police are in the habit of making every one deposit their arms and then making them seek an exemption for various reasons. Here it looks like the said committee has been set up to grant exemptions rather than to make a list of the "troublemakers".

[StampMaster]

Hello All,

Its time election time and again the question for deposition arms during arises for many.

1. Nov-Dec 2018, 4 state assembly elections are being scheduled.
2. Apr-May 2019 General elections Parliament are being scheduled.

For both, dates are not declared.

I do not remember changes from previous, but the current election commission guidelines dated 8 Jan 07- https://eci.nic.in/eci_main/CurrentElec ... asures.pdf the following points seems important.

Point- 2 - ban on the sale of liquor in close proximity with the dates of poll and counting, seizure of illicit and licensed arms, etc., etc.
Point- 4.6 to 4.14

Point 2 NEEDS EXPLANATION.



Update

I had this point 2 question in mind. And I got this information from a lawyer who has filed an RTI for arms deposition by all individuals during election with specified copy if any.

And he receive a reply- "YES with the above mention POINT 2 highlighted".

[rahul_does]

If you are not an antisocial element, you are exempt!

Just don’t carry it.

“
4.6 Prohibitory orders under section 144 of the Criminal Procedure Code, 1973 shall be issued banning the carrying of licensed arms as soon as an election is announced and should be effective till the declaration of results.
4.7 The States should conduct a 100% scrutiny of licenses of arms and ammunition shops with a view to ensuring that the records of their stocks are kept up-to-date and that their antecedents, recent involvement in irregularities, if any, and political leanings, if any, warrant a close super checking and monitoring of their business during the days of active electioneering.”

[goodboy_mentor]

Its time election time and again the question for deposition arms during arises for many.

1. Nov-Dec 2018, 4 state assembly elections are being scheduled.
2. Apr-May 2019 General elections Parliament are being scheduled.

For both, dates are not declared.

I do not remember changes from previous, but the current election commission guidelines dated 8 Jan 07- https://eci.nic.in/eci_main/CurrentElec ... asures.pdf the following points seems important.

Point- 2 - ban on the sale of liquor in close proximity with the dates of poll and counting, seizure of illicit and licensed arms, etc., etc.
Point- 4.6 to 4.14

Point 2 NEEDS EXPLANATION.

Update

I had this point 2 question in mind. And I got this information from a lawyer who has filed an RTI for arms deposition by all individuals during election with specified copy if any.

And he receive a reply- "YES with the above mention POINT 2 highlighted".

Please read another post, to read Click Here And also update the same to lawyer accordingly.

[StampMaster]

Thanks for your reply. And hope GBM post above prevail and point 1 below come true.

Now, I see 3 options available in this case..

1. Not receiving written notice from the local police. No need to deposit.
2. If notice is received from local police to deposit, then appealing to the senior police officer in-charge. DCP or SP for exemption.
3. If you fail to get exemption from DCP/SP, then filing Writ in the High Court.

[Anand]

With regard to cases filed against LA for ordering deposit of Arms during Elections. A friend forwarded this case to me. I had read it earlier but didnt save it, so it here it is.
Regards,
Anand

Adv Gopi.pdf

[goodboy_mentor]

With regard to cases filed against LA for ordering deposit of Arms during Elections. A friend forwarded this case to me. I had read it earlier but didnt save it, so it here it is.

This judgment is all right, but even if people get a thousand judgments like these, the matter of RKBA will not get solved. Why? Because these judgments are only hitting around the bush and are not addressing the root cause of the problem. Explained this matter in detail in another thread, to read it click here

[gwattal]

whats the latest law on deposit of weapons during elections, now that the polling dates have been announced ?

cheers

govind

[veeveeaar]

All NRAI registered shooters please send a petition to your respective licencing authorities showing your NDAL/ALIS licence details,and ask them to exempt you from depositing of your arms and ammunition, by Registered post. Enclose the Election commission letter. Do this immedieately. The screening commitee will decide on your petition. I request all shooters to do this enmasse ,legally and sincerely. this will be a game changer.

[sa_ali]

I can tell my experience.
I got call from Police to deposit the weapon. I was clueless as in last 13 yrs since i have license i was never asked to deposit. I called up abhijeet, he gave me advice on how to proceed. Next day i called up the officer and told him that i am a registered shooter, with aspiring shooter certificate. I told him that on my license i have All India and ammo quota both mentioning that i am aspiring shooter. He asked me to send him the photos which i did, i sent him pic of license and also my nrai shooter id and DSRA shooter id. After that i have not heard back

[sniper2014]

https://goo.gl/images/KR63o7
Friends, u may try above link for latest order (Oct 2018) of Election Commission of India
granting exemption from deposit of Arms during elections to NRAI members.
Hope this will be useful.

whats the latest law on deposit of weapons during elections, now that the polling dates have been announced ?

cheers

govind

[gwattal]

Why are we looking for exemptions for depositing arms ?

according to this Allahabad High court judgement only weapons of those persons who can disturb the electoral process need to be deposited.

Blanket general order for depositing arms cannot be given.





Court No. - 30
Case :- WRIT - C No. - 20028 of 2014
Petitioner :- Shilpi Goel
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Kushal Kant
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Naqvi,J.
Heard Sri Kushal Kant, learned counsel for
petitioner and Sri J.K. Khanna, learned standing
counsel.
Learned counsel for petitioner is permitted to
implead S.S.P., Kanpur Nagar as respondent no. 4.
The petitioner is a fire-arm licensee. It is
alleged that in flagrant violation of law, by an
order dated 24.3.2014 (Annexure-1), respondent
no. 3 directed petitioner to deposit her firearm,
i.e., D.B.B.L. Gun No. 11511-01 in view of
forthcoming Lok Sabha elections. Pursuant
thereto, it is submitted that petitioner
deposited her fire-arm on 24.3.2014 before
respondent no. 3.
Sri J.K. Khanna, learned standing counsel after
instructions, is not in a position to defend the
impugned action of respondent in view of
consistent legal position that no such power is
vested in police authorities to insist for
deposit of fire-arm, unless provisions of the Act
are complied with. Admittedly, no proceedings
under the Arms Act, 1959 have been initiated
against petitioner.The impugned action cannot be
justified in view of the directives, if any, of
the Election Commission of India or the State
instrumentality, i.e., to forfeit the fire-arm on
the basis of a general direction. This position
has been settled way back in the case of Mohd.
Arif Vs. District Magistrate, 1994 (12) L.C.D.
93, which has been followed in the case of Uma
Kant Yadav Vs. State of U.P. and others, 2007(3)
A.D.J. 434.
Thus, the Court directs the Senior Superintendent
of Police, Kanpur Nagar to ensure that seized
fire-arm of petitioner is released forthwith.
However, it would always be open for respondents
to proceed against petitioner, but in accordance
with law.
Respondent no. 3 (S.H.O./Chowki Prabhari, Ekta,
P.S., Kotwali, Kanpur Nagar) shall show-cause
within two weeks as to under what authority of
law, impugned order dated 24.3.2014 (Annexure-1)
was passed.
List in the week commencing 28.4.2014. Copy of
this order be made over to learned standing
counsel forthwith.
Order Date :- 4.4.2014/Chandra