EXCERPTS OF MY MEETING WITH THE DISTRICT MAGISTRATE

[pkaran]

Finally, I met the DM as scheduled.

His office was, as usual, bustling with activities and there were scores of people in the wait for their turn to meet him for a myriad of issues. People meeting the DM for GL are rather rare. An Arms Licence for the DM is not in the remotest of his considerations. It is a no-no for him, let alone the relevant laws! I knew that he would cast me aside in less than 3 minutes with his defeat tactics. So, I too was prepared not to give in so easily, given my understanding of the relevant laws. My strength is a clear understanding of the laws in matters related to the issuance of a licence and I consider, in the light of the laws as well as of my own circumstances, that I am one of the most deserving candidates. I believe that the Arms Act 1959 was enacted keeping people like me in mind. Besides, Notwithstanding, I know that nobody, including the State, would want to respect my rights when it comes to issuing me a weapon licence. I realize that if everybody respected the rights of the other, guns would become altogether redundant! The strategy of the DM is not to allocate any time to people asking for Arms Licences, despite the pronouncements by various courts of this country from time to time. He would want to wind up the discussions within the first few seconds and 99.99% of people will recoil unto themselves and take a retreat within this time-frame.

Thus began the discussions:

ME – Enter the DM’s Office, greet him. When I was asked to sit down, I take a seat.

DM – Yes, tell me.

ME – Sir, I have submitted a detailed report in about 20 pages which clearly justifies why I need an arms licence. Besides, this office has received 4 reports - from the Forest Division, the Village Officer, jointly endorsed by the Tehsildar, the Special Wing of the Police and the Police Station in my place and all the reports, except the Police Report, must be in my favour. So, I expect a favourable decision. The Police Report does not say anything negatively against me but it says that there is no need to issue a gun licence because the locality where I stay is a peaceful one.

ME – Sir, the Police Report contains some fundamental errors and I take strong exception to it.

DM – Forget about the report. Tell me whom do you want to shoot?

ME- Sir, I do not want to shoot anyone. I believe that Life is the most precious thing on Earth and therefore it must be preserved at all costs!

DM – Then why do you need a gun? A gun is to shoot with!

ME – Sir, Please take a photograph of my house. It is an iconic building admeasuring 3850 square feet whose design draws the attention of passersby. Besides, this house is surrounded by roads on all three sides.

DM –It is a good thing!

ME – No Sir! People stop by and take photographs of the house. We do not know why they want to take photographs. We also do not know what their motives are. We are seriously worried.

DM – This is no reason to ask for a gun!

ME – Sir, I am not asking for a gun. I am asking for a gun licence!

DM – It is the same!

ME – No Sir, It is not. Criminals do not need a licence; they simply go and get one. We are an old couple staying alone and it is those aged couple staying alone who are targeted by criminals as they are easy targets.

DM – Has there been any untoward incident?

ME – Yes Sir: I explained a situation in which I was threatened with severing my limbs as I pointed out a serious traffic violation in front of my house.

DM – Did you not report to the Police?

ME – Yes Sir, A copy of the Police complaint was enclosed with the report submitted. Sir, I have wound up my Company due to the Global pandemic and also due to my advancing age. I am 61 and have been diabetic for the past 30 years and started suffering from diabetic neuropathy. I cannot put up enough resistance in the event of an aggression due to my age. We need a reliable device to protect our lives. Currently, our only choice is a pepper spray canister which is inadequate. Sir, I am planning to take my wife to explore India. Places of interests are 1,2,3,4,5,6. Several of these States are unfriendly for women. Scores of rape cases have been reported from these places. I need a device capable of creating a window of opportunity in the unlikely event of an unlawful aggression so that we can escape.

DM – You cannot take it to place outside Kerala!

ME – Sir, I will manage it by obtaining a National Permit. I am getting enrolled with a Rifle Club. A Police clearance was obtained only yesterday.

DM – Which Club?

ME – In my District (Name withdrawn)

DM – Ok, Let me review it.

ME – Thank you Sir!

Exeunt
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I could have added several points but the DM hastened to wind up the discussions. So, I had to take exit but at least got a promise that my case will be reviewed. Now my question to the IFG’ians is – what will be his final decision, going by the above reading?

PS: I forgot to highlight that there was a murder in my locality when the Police Report says that the locality I stay in is a peaceful area. I could have added several things to gain further mileage but the short-lived discussion was entirely in his control.

Most importantly, I wanted to ask him who guaranteed the lives of 29,193 people who were murdered in 2020 when the Law says that “No person shall be deprived of his life except as per procedures established by the laws”.

I also wanted to ask him what I should do when the State cannot guarantee that:

a. The State cannot guarantee that my wife or I will not be murdered;
b. The State cannot guarantee that my wife will not be raped;
c. The State cannot guarantee that our properties will not be robbed or set on fire;
d. The State cannot guarantee that my wife or I will not be kidnapped for a ransom;
e. The State cannot guarantee that my vehicles shall not be set afire;
f. The State cannot guarantee that our house despite all the preventive measure in place shall not be broken in;

g. The State also does not guarantee compensation in case of damages sustained from one or more of the above circumstances.
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Lately, I have learned that my request for a licence has been turned down! My choice now is to approach the Appellate failing which to seek legal redress.
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[revolver]

Really sorry to hear that your Arms license application was turned down, but I am sure your persistence will pay off by appealing to the appellate authority or taking the legal course of action.

Reasons for granting or rejecting an arms license application is very subjective and personality oriented. Unfortunately the only uniform policy followed across the country is that of favourism and ignorance not to mention greasing the right palms and red-tapism. But don’t loose faith in the judiciary and continue your pursuit. I am sure your efforts will bear fruit.

Also excellent verbatim of your discussion with the DM. I am sure it will help many members better prepare themselves for their interaction with the DM in future.

[Pran]

Your first appellate authority ìs the Commissìonarate/other authority notified by your state government. Get yourself an advocate and appeal within 30 days of the date of rejection.

The fee payable is Rs.1000/-

Regards
Pran

[timmy]

pkaran, in my opinion, your interaction was very good. It is clear to me that he was never going to grant your license, and that he was stymied by the case you made is shown by this statement:

DM – Ok, Let me review it.

This is a very old "dodge" that has been used on me, as well. When no other logic can be submitted, this move allows putting it to sleep, rather than showing a superior way or thought.

I hope that you take Pran's suggestion, and if you do, please keep us posted on your progress. Hopefully you have met some politician or person of influence during your business days, that you can add to getting an advocate in your appeal. Best of luck to your endeavors!

[Woods]

Finally, I met the DM as scheduled.



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Lately, I have learned that my request for a licence has been turned down! My choice now is to approach the Appellate failing which to seek legal redress.
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please pardon this emoji.

How have hou learned that your application has been turned down ?

[Woods]

It might not have been rejected and the informer or his driver might be fishing to see / frisk for some other hints .

[AgentDoubleS]

Pkaran, good luck in your pursuit. Appealing the decision is the right (and recommended) thing to do. I went the same route and was successful. All the best

Regards
SS

[Ambi]

It is obvious that the gun licensing policy of GOI is to limit gun owning 'privilege' to polititions, lawyers, policemen and such professionals, who have regular interactions with anti socials and hence under possible threat. As for for the rest let the courts, if approached, decide on grant of license.
Instead of this rigmarole, why not allow the applicant to enclose a sworn affidavit with his application, to the effect that there are no criminal cases against him and , he would abide by the Arms Rules, based on which the license could be granted. No Lee way for the DM/DGs discretion, prejudice or worse ( /Arms licensing case: CBI searches 41 places in J&K, Delhi and M.P ) . The licencee can be prosecuted if the affidavit is found false later. This will ensure that only eligible people apply.
In a lighter vein, it is a wonder that somebody applies for gun-license, when what he can buy is .22 and .32 caliber guns, at exorbitant prices, reportedly inadequate for self defence?

[RA.50]

Hats off to your patience and perseverance

You've actually put together a compelling case.

How did you know that your case review by DM was rejected? Also, did you officially receive a rejection intimation letter or a call from your local Police Station etc.?

Do share