MHA Circular dated 31-05-2022 on 22 rifle for club members

[mundaire]

Please see the attached circular from MHA, sent to Addl. Chief Secretary (home), all states and UTs. Effectively this orders them not to give members of recognised rifle associations/ shooting clubs any exemption as provided under Section 3(3) of Arms Act 1959.

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[Aishgupta]

Whats the link to this document ? Thanks

[Jr.]

Bad news.
Henceforth no exemption for .22 Bore Rifle.

Regards,
Jr.

[mundaire]

It may be pertinent to add here, this interpretation by MHA is legally flawed, if for no other reason, because it completely ignores the legislative intent while coming up with a completely different interpretation from how this Section was being implemented for the past 40 years across all jurisdictions in India.

It's been challenged in Delhi High Court, I'm guessing other citizens will likely challenge it in their respective state high courts as well and they are very likely to get relief from the courts.

[KDS991213]

Please see the attached circular from MHA, sent to Addl. Chief Secretary (home), all states and UTs. Effectively this orders them not to give members of recognised rifle associations/ shooting clubs any exemption as provided under Section 3(3) of Arms Act 1959.

IMG-20220613-WA0018.jpg

IMG-20220613-WA0019.jpg

I don't think a letter or circular can override an act. If you have additional weapons on the exemption slots & if pressure is being applied on you to get rid of it then i would suggest contacting an advocate & taking legal actions.

[Ajaaybeer]

This is really disappointing that they are tightening the noose every few months. They simply wish to abolish the right to keep arms. And there are few people in this country who understand the importance of it and there is majority of so called ill- literate’s who oppose it. The so called bureaucrats or Secretaries of Govt. who propose such measures are product of bookish knowledge and have never handled a real fire arm in their life. They simply have different mental makeup to understand the importance of shooting sports or firearm safety training for individual citizens as a self defence measure . I have experienced that they feel they are different class of citizens who will remain unaffected by the policy decisions they make and they have immunity against all the out comes of decisions taken while holding the office. They don’t feel the heat of real life mis-events sitting in air conditioned offices . They simply forget the life from where they once started their struggle. Even if their intentions are good they lack the vision. And I simply believe “ Good intentions without farsightedness and good approach can even take you to doors of hell”

[mundaire]

Some of the worst atrocities in human history were perpetuated by those with "good intentions".

[Ajaaybeer]

Some of the worst atrocities in human history were perpetuated by those with "good intentions".

“Well said” Abhijit sir ! Sadly that is the truth and real history of nations. Somewhere in my heart I support the second amendment of the United States constitution which grants the right to bear arms although I feel disappointed at the unfortunate events of indiscriminate shooting that are at times disturbing. But overall if we look at bigger picture, I support it .

[james]

Kindly advice, if some one has 3rd .22 rifle. Does he has to surrender it or this new circular will be effective from date of issue of circular for new applications.
Does anyone has got any relief in there respective state court.
Regards

[Pradyumna]

I have the same quarry.

[mundaire]

One concerned citizen is battling it out in Delhi High Court, but any relief he gets will be only for himself. If you wish to get relief, you are best advised to take the matter to your respective high court.

Per law, you'd be entitled to it, as the MHA interpretation is clearly flawed in this case, but unless you approach the courts for relief, you're not likely to get any!

[Pradyumna]

Any development in this regard?

[mundaire]

The Delhi High Court ruled against the plaintiff (and in favour of the government).

There is another litigation pending in the Punjab & Haryana High Court. Let's see what comes of it.

That said, if you're one of the people seeking relief, you need to either file in your own state courts or implead yourself in already filed writ(s) in said court. Otherwise, you may likely not benefit from even a positive judgement.

There have been multiple instances where the courts have given relief ONLY TO THOSE who approached the court, ruling that all others are likely happy/ not aggrieved or else they too would have approached the court for relief!

THEREFORE DON'T EXPECT OTHERS TO FIGHT YOUR BATTLES ON YOUR BEHALF.

YMMV

Cheers!