Ammendments to the Arms Act

[catfish]

Hi guns,

I have heard of an ammendmet to the arms Act made this year where by one is allowed to import weapons for self defence. Does any one have any information on the topic? cause I have a new license and would prefer to import rather than buy an old pistol for unbelievable prices.

Thanks

[penpusher]

Catfish,

To remove the restrictions on the import of firearms into the country,no amendment to the Arms Act is required. For imposing a ban on the import of firearms under the Arms Act and Rules only a notification is required and for removing this restriction the govt. just has to withdraw this notification.

In the current scenario, the restriction on the import of firearms has been imposed by the Ministry of Finance.


Take care,
penpusher

[catfish]

Hi penpusher,

Did some more research and have come up with something. The Arms ammendment Bill 2006 as introduced in the lok sabha by Mohan Sing MP allows for import of not more than two guns for the purpose of self defence. It has been passed in parliament. But I am not sure if the notification has been given in the official gazette.

Catfish

[Vikram]

Hi penpusher,

Did some more research and have come up with something. The Arms ammendment Bill 2006 as introduced in the lok sabha by Mohan Sing MP allows for import of not more than two guns for the purpose of self defence. It has been passed in parliament. But I am not sure if the notification has been given in the official gazette. Catfish

Catfish, my friend, if what you say is true, you must allow me to have the honour and pleasure of treating you if and when we meet. I insist. I am doing a big anticipatory jig here. Import of two guns!

Best-
Vikram

[Kshatriya]

Here is the link for the concerned amendment

http://164.100.24.208/ls/Bills/13,2006.pdf

Key Points are :

"permit any Indian citizen who holds a licence issued in accordance with the
provisions of this Act and the rules made thereunder to bring into India arms or
ammunition of such classes and descriptions for self-defence as may be specified in the notification:
Provided that the number of arms brought into India for self-defence by any person
shall not be more than two.?

STATEMENT OF OBJECTS AND REASONS
At present, arms or ammunition cannot be brought into the country by citizens even
for their self-defence. The anti-social elements after smuggling highly sophisticated weapons
from foreign countries are making the life hell for peace loving citizens. Therefore, it is
proposed that if any citizen wants to import arms, he may be permitted to bring into country
not more than two weapons for self-defence in special circumstances.
The licensing authority is empowered to suspend or revoke a licence for arms if it is
satisfied that the licence holder is barred by any law from possessing arms or is of unsound
mind or if it feels that it is necessary for the security of public peace that the holder should
not possess arms. Under the provisions of the Arms Act, 1959, the Police personnel are
empowered to apprehend the offenders and they tend to misuse their powers.
Hence, it is proposed that the Judicial Magistrates should be empowered to deal with
any case in the matter of suspension or revocation of licences and also the custody of the
offenders.
The procedure for granting licence for arms is lengthy and it causes undue delay. It is
proposed to empower Police Officers of the rank of Superintendent of Police or Deputy
Commissioner of Police to issue licences for arms. This will check red-tapism and simplify the
procedure.
The Bill seeks to achieve the above objectives.

[penpusher]

The Bill is a Private Members Bill and has been introduced in the Lok Sabha.For a Bill to become an Act,it has to be passed by both the houses of the Parliament and then signed by the President.The Bill has not even reached the Committee stage and as it is,Private Members Bills have a very poor chance of making it through.

What I said earlier about the import restriction having been inposed by a notofication by the FM and not by a notification under the Arms Act, I believe, is correct. Will try to get the notification.

Take care,
SUkhpreet

[mundaire]

penpusher is correct - import restrictions are part of the EXIM (Export Import) policy and as such can be imposed upon any item(s) at any time.

Therefore, the relaxation of these norms would typically be brought about by a change in the EXIM policy.

Cheers!
Abhijeet

[tweed]

hi penpusher
would like to know if as an army officer posted to UN in peacekeeping for one year can i get a personal weapon .32.As you know as per special army order SAO1964 25/S/64 para 26 it clearly states that an officer is permitted to import the second revolver/pistol which he is entitled to posses without a lisence in addition to his service weapon while in service into india free of customs duty.if he wants to sell this armto a civilian or when he is released from service it becomes laible to customs duty and a firearms lisence is necessary.
Do let me know if any ammendments to this rule have been made or what are the documentation I have to get done.

[tweed]

hi Catfish
would like to know if as an army officer posted to UN in peacekeeping for one year can i get a personal weapon .32.As you know as per special army order SAO1964 25/S/64 para 26 it clearly states that an officer is permitted to import the second revolver/pistol which he is entitled to posses without a lisence in addition to his service weapon while in service into india free of customs duty.if he wants to sell this armto a civilian or when he is released from service it becomes laible to customs duty and a firearms lisence is necessary.
Do let me know if any ammendments to this rule have been made or what are the documentation I have to get done.

Hi penpusher,

Did some more research and have come up with something. The Arms ammendment Bill 2006 as introduced in the lok sabha by Mohan Sing MP allows for import of not more than two guns for the purpose of self defence. It has been passed in parliament. But I am not sure if the notification has been given in the official gazette. Catfish

Catfish, my friend, if what you say is true, you must allow me to have the honour and pleasure of treating you if and when we meet. I insist. I am doing a big anticipatory jig here. Import of two guns!

Best-
Vikram

[tweed]

dear catfish
please do inform me about any ammendments or eqiurements of documentation on my email also

[penpusher]

Tweed,


It would help if you could post the order that you have refered to.From what I know at the moment,Army officers are also subject to the import ban,the exception being if the officer has travelled abroad on an official trip and has been presented(not bought) a firearm, he can bring in the firearm into the country.There after he has to deposit the firearm with the Customs.Then he seeks permission from the GOI,through the Army HQ.If the permission is granted,then he can keep the weapon,otherwise not.The weapon has to be of a prescribed calibre ie. NPB and the officer,if allowed to keep the firearm, does not have to pay any duty.

Since your stay abroad is only of one year,you would not be entitled to bring the weapon into India.If there has been any change to the above mentioned conditions, I am not aware of it.

penpusher

[tweed]

The Special Army Order is as typed by me previously:-
special army order SAO of 1964 25/S/64 para 26 states that an officer is permitted to import the second revolver/pistol which he is entitled to posses without a lisence in addition to his service weapon while in service into india free of customs duty.if he wants to sell this armto a civilian or when he is released from service it becomes laible to customs duty and a firearms lisence is necessary. Also the customs regulations statesthat an NRI coming back after one year stay abroad that is transfer of residence is authorised to bring one firearm and fifty cartridges only.Custom regulations 2003.Could you please clarify from any one please

[penpusher]

Tweed,
You seem to have been mis-informed.An Indian National can bring in one firearm on TR provided that he has stayed abroad for a minimum of two years and the firearm has been in his posession(not just owned) for atleast a year preceeding the transfer of residence. The rule that you are referring to is a very old one and the exemption from duty would apply only if you could bring in a firearm.Please check up before bringing in a weapon into the country.Not only will the weapon be confiscated but you are also liable to prosecution,if you are not entitled to bring in the weapon.Ignorance of law is no defence in Indian courts.

penpusher

[tweed]

Thanks for the data its sure a relief to know all details. However may i know which office to approach for clearence/office/department from which permission can be sought through proper channel.there must be a policy of applying for permission.

[penpusher]

Tweed,

Contact the Indian Embassy.Are you in Lebanon?

Take care,
penpusher