GRANT OF FIRE-ARMS LICENCES.

[hock ann]

Hi All,
NON-PROHIBITED ARMS ---Applications to be normally allowed
The correct interpretation of section-13.14 & 15 of the Arms Act is that every application for the non-prohibited weapon must normally be allowed, and this must be done within 3 months of filing of the said application. If the application is rejected.this must be done only in very exceptional cases for good reasons recorded in writing and communicated to the applicant within 3 months of the application.
Whenever an application for a non-prohibited arm is made.and it is not disposed of within 3 months. it will be deemed to have been allowed on the expiry of 3 months.

HIGH COURT GENERAL DIRECTIONS---Application to be decided within 3 months--
The High court issued a general direction to all concerned authorities that whenever any application for licence under the Arms Act is made the same must be processed and decided within 3 months and the normal rule must be grant of the licence in the case of non-prohibited fire-arms, and refusal should be the exception and for strong reasons to be recorded in writing after giving opportunity of hearing to the applicant,and such reasons for rejection must be communicated to the applicant within 3 months of the application. The licence should also be normally not restricted to the district or state except for special reasons to be recorded in writing and communicated to the applicant.

LICENCE FOR A PARTICULAR DISTRICT
The authorities often give licences valid for only a particular district. This is arbitrary. a person needs protection whereever he goes,and it is not that once he goes out of his district he is safe.

GANESH CHANDRA BHATT v DISTRICT MAGISTRATE, ALMORA (1993) 21 ALR 300.

hock ann,

[nagarifle]

nice one hock ann, keep it coming we need this kind of court orders. thanks

ar u legal eagle by any chance? bishi bal ase.

regards
nagarifle

[Lawman]

Hi Hock Ann, thanks, you are providing good & helpful legal informations to this forum.

Lawman

[tirths]

Thanks hock ann!

We all play with arms really need them.

-Tirtha

[Pran]

Much needed information. Keep 'em comin!

Thanks
Pran

[Zafar]

thanks again hock

are all the three rulings from the case (i.e. GANESH CHANDRA BHATT v DISTRICT MAGISTRATE, ALMORA (1993) 21 ALR 300.)

• NON-PROHIBITED ARMS ---Applications to be normally allowed

• HIGH COURT GENERAL DIRECTIONS---Application to be decided within 3 months--

• LICENCE FOR A PARTICULAR DISTRICT

shukriya
-
Zafar

[hock ann]

yes Zafar bhai, all the 3 rulings are of the same case.
But we can also find in the Chaper-III of the Arms Act, 1959, in the Provisions Relating To Licences on the Sub-GRANT OF LICENCES.-
(1) An application for the grant of the licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.
(2) On reciept of an application, the licensing authority shall call for report of the Officer-In-Charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.
(2-A) The licenseing authority, after such inquiry, if any,as it may consider necessary,and after considering the report recieved under sub-section (2), shall subject to the other provisions of this chapter, by order in writing either grant the licence or refuse to grant the same.
Provided that where the Officer-In-Charge of the nearest police station does not send his report on the application within the prescribed time,the licensing authority may,if deems fit,make such order,after the expiry of the prescribed time, without further waiting for that report.

Now this prescribed time or waiting period (of 3 months) if lapses then we can always file for a RIGHT TO INFORMATION before the licensing authority and appeal before the Appellate Authority.which many of us either don't know or are afraid to question the authorities.

Hock ann,

[sudhaiob]

Hello everybody
There is a book by P.L.Malik (10th edition) of the Arms Act, 1959 together with the Arms Rules, 1962 and short notes published by Eastern Book Company and available at the following addresses.
1. Eastern Book Company
34, Lalbagh, Lucknow 226001 Phone(0522)224328, email [email protected]
web address www.ebe-india.com
2. Eastern Book Company
1267, Kashmere Gate, Old Hindu College Building, Near Corporation Office Main Gate, Delhi 110006 Phone (022)3917616, 2921656 Fax (022)2945956
3. Manav Law House
8/10, M.G.Marg, Allahabad211001, Phone (0532) 623551 Fax (0532) 623584
The book is very inmf0rmative and is to be possessed by all who need to know the various provisions of the Arms Act. The cost (at the time of my purchase was) Rs. 150/-
Regs
sudhaiob

[hock ann]

Hi sudhaiob, have you any information on The circumstances in which arms & ammunition may be possessed, carried for use without licence.
if you have the topic in your guide, please post.
Hock ann,

[sudhaiob]

Hello hock ann
I am quoting Chapter II Section 3 Licence for acquisition and possession of firearms and ammunition.-7(1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder :
Provided that a person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authroty, of the holder of the licence for repair or for renewal of the licence or for use of such holder. (unquote)
Regs
sudhaiob

[hock ann]

Hi Sudhaiob,
Thanks for the reply, but I wanted the information regarding (CARRIED OR USED WITHOUT LICENCE) please go through my previous post once more, Hope you would check your Arms guide, and reply.
Regards,
Hock ann,

[sudhaiob]

hello hock ann
i donot find anything( at a cursory glance) to fit your question. As and when i see it or come to know of it (if it exists) i will let you know.
regs
sudhaiob

[hock ann]

Hi sudhaiob, today i finally got the rule was trying since last 2 days 2 post the same. we should try and post as many post as possible regarding laws & rules for our dear members to get a easy information.
Regards,
Hock ann,

[striker]

Friends
does airgun pellets comes under ammunition as per indian arms law ?

cheers
striker

[hock ann]

Striker,
please go through my topic of Arms which do not require licence. Hope you will get some more knowledge.
Regards,
Hock ann,