Transfer OF Residence

NNP · Post by **NNP** » Tue Dec 30, 2008 9:07 am

Hi all,

I am currently in US ... have applied for a Firearm permit (should have it soon) ... and will buy a gun too in some time after putting in some good thought on which one to buy

Anyways , since I dont have a arms lic in India , the gun would be taken by customs at the airport. Now I am told that they keep it for 90 days in which i am supposed to get a firearm license. I dont think this would be feasible so i was thinking of having some dealer export it to India

My question is:
Q1. Till how long is it allowed to import a arm on TR once I arrive in India ?
i.e Lets say I arrive here in Mar 2009 .. and get a arms license in Dec 2009... Can I export a firearm in say Dec 2009 ? ... Just an example .. all i am trying to say is that I come back and only after i get a license will i tell the US dealer to ship it to India

Does anyone see any issues here ?

Q2. When we say to import under TR (Transfer Of Residence) , do i need to do something special ... ie apply , fill forms etc to come under TR rules ? or just the entry and exit stamps on the PAssport are enough for me to come under TR rules?

Thanks in advance
NNP

msandhu · Post by **msandhu** » Tue Dec 30, 2008 8:06 pm

Please explain what do you mean by Firearm permit ?

I might be able to answer a few of your questions but you can search forum for more detailed answers
You can import a gun on TR if you have legally possessed that gun in US for at least a year. once you decide to move to India, you can take it along with u ( there is some paperwork from embassy too) and then you can endorse it on your Indian license

Cheers
Mandeep

NNP · Post by **NNP** » Tue Dec 30, 2008 9:22 pm

Hi Mandeep,

I am sorry if my question is a bit confusing.

I did read up the forum and understand that I must legally own the firearm in USA for one year before my return to India. The Firearm Permit I am referring to is a Concealed carry permit for Georgia , USA which i have applied for so that i can proove back in India that I legally owned this weapon.

My question is more of the time between when I return to India (on TR) and the time when I actually import the gun to India.

Let me explain the 2 options I have
Option 1 - Buy a gun in US + get US Firearm license \ permit --> After 1 year return to India with gun --> Submit gun at Mumbai customs --> Apply for Indian Arms License in Pune (thats where i live) --> Wait for lic ....
In this option its necessary to get a Indian Lic in 90 days since the gun will be held by customs only till 90 days thats what i read on earlier posts on this forum
Option 2 - Buy gun in US + get US Firearm lic --> After 1 year return to India WITHOUT gun , but deposit the gun with a US Dealer with keeping all paperwork ready for him to export the gun to India when I give him a go ahead --> Once I am in India I apply for a arms License --> Lets say i get a India Arms License in 1 year --> Now I inform the US dealer to ship \ export the gun to India

My question is that will the TR rules still apply for the Firearm Import even 1 year after me returning to India ?

Thanks
NNP

indian · Post by **indian** » Tue Dec 30, 2008 9:28 pm

hi NNP.

your stay in india should not exceed more than 6 months in preceeding 2 years to claim a TR.clear info is available on www.cbec.gov.in

i would suggest you to bring the gun with you and apply for a license through a well known lawyer and use of contacts,if any.

cheers

NNP · Post by **NNP** » Wed Dec 31, 2008 2:56 am

Thanks for the info Indian ...

Now that you mentioned it , i guess its a good idea to get the firearm with me to India ...

Well the only problem is that I am a bit concerned that I wont get a License in 3 months ... but well , I ll try.

1. I guess I ll try approaching a lawyer
2. I am planning that in between i ll come for a month or so to india ... and i ll join a Shooting club in Pune as well as do some research on a good lawyer etc ... that way whenever i am back , i can atleast claim that i am a shooting club member .. maybe that ll help a bit in license process
3. Also I have heard of the RTI process (Right to information) ... Has any one ever used it to get explaination on why a license is declined ?

Thanks a lot for your response,
NNP

nagarifle · Post by **nagarifle** » Wed Dec 31, 2008 7:37 am

hi NNP
best thing would be like all the above, however i feel that if possible do try to get/apply before you come to India with firearms. this may save lots of time as many have said it can take longer then 3 months to get a license. if that happens you may end up losing the arms.

you say that after getting the license in India you would ask a dealer in USA to send the arms? may not be a good idea as the customs may not look it as TR. something to think about.

msandhu say some paper work needs to be done at the Embassy? this is first time i am reading this, so do find out what paper work you need.

Good luck and please keep us posted

penpusher · Post by **penpusher** » Wed Dec 31, 2008 2:47 pm

NNP,

Get the gun along with you when you come to India.You can also bring in 50 cartridges along with it.Bring the original purchase slip/sale invoice that would help in working out the duty and also act as proof of the date of purchase.Also firearms permit is required only if this is required for the person to own and posses the firearm in the area where he/she had lived.If the law allows him/her to own a firearm without a license/permit then a copy of the relevant act/rule would suffice. Declare it at the customs and then apply for a license.The worst that would happen is that if you don't get the license within 90 days the customs might charge you demurrage for the period exceeding 90 days.The amount would not be much.

nagarifle · Post by **nagarifle** » Wed Dec 31, 2008 3:47 pm

hi penpusher

any idea if one needs any documentation from Indian Embassy for TR of Firearms?

or is it just the case as you have stated above?

penpusher · Post by **penpusher** » Wed Dec 31, 2008 4:03 pm

Naga,

What I have written pertains to after the firearm lands in India.I have no idea about documents,if any,that are required from the Indian Embassy or what current US laws are about taking/exporting a firearm and ammo out of the country.

nagarifle · Post by **nagarifle** » Wed Dec 31, 2008 4:11 pm

Thanks penpusher,

i agree with you that on the Indian side is as discussed, outside India the local laws takeover, i agree to this as well.

i know for a fact that in the UK the law is simple if you have licensed firearms in the UK then on TR you can take them with you and declare them at the customs in UK port with your UK license and they will do the need full there and them.

just one angle needs to be cleared and that is as discussed if any paper work would be need from the Embassy.

any one has any idea on this please share it.

NNP · Post by **NNP** » Wed Dec 31, 2008 11:55 pm

Penpusher ... if what you say is correct ... "you don't get the license within 90 days the customs might charge you demurrage for the period exceeding 90 days" ....... then i am fine with getting the firearm along with me to India.

Actually that was my main concern ... what i thought was that if I am not able to get a license in 90 days , then customs will seize the weapon and maybe sell it off in auction etc ...

Is it official that even after 90 days I can get the firearm from customs by paying applicable demurrage charges ? Is there any limit to how long the customs has to keep the weapon ?

If this is true then i guess the best option for me is to just get the firearm along with me and try my best to get a Indian Lic in 90 days ... If i cant then I have to pay extra charge to customs.

Thanks a lot ... this statement of yours has completly changed my mindset on the issue ...

and hey ... By the way .. Happy New Year to all you folks

Regards
NNP

NNP · Post by **NNP** » Thu Jan 01, 2009 12:09 am

From USA perspective there are no issues in taking a firearm on a aircraft ... ofcourse it should be checked in baggage (Thats what i understand)

The TSA - Transportation Security Administration (USA) has clearly stated that you can check in firearms
http://www.tsa.gov/travelers/airtravel/ ... _1666.shtm

The only thing is that you have to explicitely declare it while checking in the bag and the firearm should be in a hard cover locked case.

I checked the Delta Airlines site too and that too says the same thing. So I dont think I would have any problems getting the firearm aboard the aircraft (check in)

One thing to note is that I will have to take a direct flight to India ... because otherwise i need to get permit etc from each country where there is a halt... happened with me once at HongKong where I was pulled off the plane and police questioned me .... just because they were not convinced that my bag had a airgun and not a firearm ... he he ..

Regards
NNP

rcdoma · Post by **rcdoma** » Sun Jan 04, 2009 9:23 am

Hi NNP! I am planning my TR in mid 2010 and found this thread during my research. Unaccompanied baggage must be sent from abroad within one month of TR holders arrival in India. That's what I was planning for my Ruger SP101 in .327 caliber to get an extra month of time while getting a license

I was under the understanding that we had 90 days time to present our license to customs, pay duty and dremerage and collect the firearm. Anyone here familiar with how long they will hold the weapon after 90 days?

Best,
Ram

The Doc · Post by **The Doc** » Sun Jan 04, 2009 3:41 pm

rcdoma";p="63544 wrote: Ruger SP101 in .327 caliber

Ram,

Ruger SP 101 in .327 is a very nice handgun to own. But please consider the fact that you will be able to bring only 50 rounds along with you from USA and this particular caliber is not available in India as far as I know.

best,

RP.

nagarifle · Post by **nagarifle** » Sun Jan 04, 2009 5:53 pm

good point Doc

also pack few spares etc

regards

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