Importing Arms & Ammo into India

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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nagarifle
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Re: Importing Arms & Ammo into India

Post by nagarifle » Fri Aug 28, 2009 12:55 pm

andy_65_in wrote:Hi.cant get my hand anywhere on the dgft notfn for free import of .177 cal airgun for shooting club members and free import of air pellets-dont know where to search.can sopmeone please help.need to download both of them
try this
http://www.nrai.in/not2.pdf

-- Fri Aug 28, 2009 13:00 --

hi have you also seen this notice: maybe its been on the forum before but any way any commants on this?

The importers (common citizen) may be allowed to sell their imported weapons (both
PB and NPB) to a licence holder only after ten years from the date of acquisition of such weapons, or
till they attain sixty years of age, whichever is later, subject to the condition that such people will be
barred from acquiring any weapon in India during their (importers’) life time. They maybe asked to
subit a duly sworn affidavit to this effect to the licensing authority.
ii) The renowned shooters may be allowed to sell their imported weapon ( s) after five
years from the date of its/their acquisition to promising........

this taken from the link below:

http://www.nrai.in/not3.pdf
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Re: Importing Arms & Ammo into India

Post by tirths » Fri Aug 28, 2009 2:22 pm

So it is clear, ammo and Arm can be possible to import provided one gets a recomention letter from Sports Authority of India :D and unless you are renowned shooter, it is next to impossible.

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Re: Importing Arms & Ammo into India

Post by lahaul » Sun Sep 06, 2009 10:02 am

Hi All,

is a 9mm semi automatic permissible i.e can I get an Indian licence for...say a Glock 9mm semi automatic pistol ?
Will appreciate all of your feeback.
Thanks

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Re: Importing Arms & Ammo into India

Post by Jega_USA » Sun Sep 06, 2009 12:08 pm

To my knowledge, 9mm is a prohibited bore. However, 9mm short (Kurtz or .380) is okay. It would also depend on your domicile. Mumbai is a whole different ball game.

-Jegadeesh

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Re: Importing Arms & Ammo into India

Post by nagarifle » Mon Oct 12, 2009 9:55 am

we seem to have lots of info on TR but hardly or very little from those who have done TR. i contacted Anand for a detail of his TR. which he has already posted but not in full details, and with his permission i am posting his response to my questions for all to gleam at. Thanks Anand


"My research took a while because no one that I knew had done a firearm import on TR, one of my uncles had imported a revolver but that was in 1984 which was just before the ban. While I gathered most of my info from the internet, not even the DCP's office is clear on the process. :shock:

The first thing to remember after the purchase and possession requirements in the foreign country are met, is that normally for any country to legally allow a permanent export of a firearm, the Government of that country will require an export license/permit. This is only issued if an import permit/certificate from the destination country is submitted to them along with a bunch of other documents such as proof of legitimate purchase/possession/ arms license etc. The tricky part is normally the Indian Government will not issue an import permit/license for the purposes of TR. My understanding is that an import license will only be issued in case an import is being done while the importer is residing in India, obviously this will occur only in the case of renowned shooters nowadays.

So a potential TR returnee will have to procure some sort of certificate that says that he is legally allowed to import under TR rules and that he already has a license with the required permission. Now normally you will have to explain the entire scenario to the DCP/Commissioner of police what the heck this certificate is for and then multiple(3) original, verifiable copies have to be obtained. These are then submitted along with other documents to the US State Department in the case of sporting Shotguns and to the US Department of Defense in case of other firearms by a US Citizen who is licensed exporter for an export permit for you.

This process takes about 4 to 6 weeks, but took about 6 months in my case, the trick is to obtain this "import certificate"/"no objection for import certificate" from the Licensing Authorities in India. For this you will probably have to make a trip and meet them in person. So for a person who is considering returning on TR who does not have a license already, a trip to India to get a license and this import certificate may be necessary.

In my case I already had a license with a revolver and rifle on it, all I had to do was get the endorsement for a pistol on the license. Also my friend's dad just happened to be the Commissioner at that time 8) and explaining to him by my friend helped with the "import certificate".

Obviously this contained wording stating the TR law that allows import of a firearm on TR and the name of the licensee with the license number and covered firearms and valdity etc and that this certificate is a statment of facts and that there is no objection for the purpose of import of a firearm on TR.

I did not go to or contact the embassy of India, the duty charged was 150% and no I was not given the 3rd degree. Infact I went with all the documents needed to prove that this was a legitimate import on TR. Now the big thing was that the exporter that I used did not allow me to take the gun with me in declared check in baggage, he said that the only way we could do it was that he could post it to me using the US mail service (and not by courier) after obtaining the permits.

So I had to wait 6 months, before the pistol came to Mumbai and there is a law stating that import of firearms by post is illegal, so I had to explain why I did this and that this should be treated as unaccompanied baggage and that it was not as if I came back to India nad then initiated the import transaction which was what the Customs guys

(I think :roll: ) suspected. Now I proved that I initiated the transaction of export from the US itself and 6 months before, by keeping all receipts and my email correspondence with the exporter.

In fact it took me 30 days :x to get the pistol endorsement on my license extended because I was supposed to return sooner and so this was obtained 4 months too soon and now needed to be extended. A month before I returned my friend tried to get it extended on my behalf but the DCP was not very favourable as I was not present, and he just cited the law in my file and denied, now this was the reason my extension got delayed.The new DCP who came now had to be convinced that the old DCP denied it only on discretion and not because of any error or mis-doing on my part. Don't hesitate to ask any specific questions or think that I will get tired of the questions and I will do my best to answer them.

Feel free to post this on the forum if you think this may be beneficial to the rest of our "gang" :D

Regards,
Anand"
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Re: Importing Arms & Ammo into India

Post by nagarifle » Wed Oct 14, 2009 7:59 pm

after some searching here are few notices regarding TR with links etc, this may help up in clearing few points for some.

http://www.ieport.com/baggage_rules/3-95.htm

http://www.ieport.com/baggage_rules/63-95.htm

F.No. 496/4/94-CUS.VI

Government of India
Ministry of Finance
Department of Revenue, New Delhi

Subject : Import of Firearm under Baggage and Transfer of Residence Rules - clarification regarding.
The undersigned is directed to refer to your letter C.No. VIII (H)/ 7/ 7/ 92/Pt./ 173 dated 30.9.94 on the above subject and to say that import of Firearm is prohibited under the Exim Policy. However, as you are aware, in terms of the decision taken by the CCPA, we have been allowing one Firearm to persons who are transferring their residence to India and who fulfill other conditions prescribed in the Baggage Rules. Ministry's instructions dated 5.1.88 issued from F.No. 497/57/87-Cus. VI may be referred to in this connection. In view of the conditions stipulated in the Ministry's instructions dated 5.1.88, only one Firearm can be allowed to such persons and the same in not allowed to be disposed off during the life time of that person, for consideration or otherwise. As such the question of allowing one Firearm under Transfer of otherwise. As such the question of allowing one Firearm under Transfer of Residence Rules, 1978 and another Firearm under Rule 16 of the Baggage Rules, 1994 will not arise, nor can a Firearm be allowed under Rule 5 or Rule 8 of the Baggage Rules, 1994.
Sd/-
(T.R. Kapur)
Under Secretary (Cus.VI)


CUSTOMS CIRCULAR No. 30 Dated 22nd May, 2001
Disposal of Imported Fire Arms – reg.
The undersigned is directed to refer to the Ministry’s letter F. No. 497/57/87-Cus.VI dated 5.1.88 (copy enclosed) on the above subject, wherein it was clarified that fire arms allowed to be imported into India shall not be transferred to any person during the lifetime of the importer for consideration or otherwise. Recently, a request was received in the Department from a passenger (who had earlier been allowed in 1990 a fire arm import on appropriate duty) to be allowed to dispose off the fire arm as he had become old and sick and wanted to spend money received from sale of fire arm for maintaining his health/cost of living. On refusal of his request the matter was taken by him to Delhi High Court where the policy of the Government on disposal of fire arms during the lifetime or later came up for review. The Government was asked by this Hon’ble Court to clarify its disposal policy especially after the demise of the person, if the fire arm was not permitted to be disposed off during the lifetime of the firearm owner. The Ministry of Home Affairs who were consulted has clarified and this was brought to notice of the Hon’ble Court that disposal of the fire arms after the demise of the person may be allowed in the following manner:
(i) By transfer to the legal heirs; and

(ii) By sale of arm by the legal heir to a licence holder or arms dealer

The Hon’ble Court has taken a note of the Government’s policy clarification and rejected the request for disposal/transfer of fire arm to any other person as made by the petitioner.
You are requested to bring the above position to the notice of all concerned. No disposal of Customs cleared firearms be permitted during lifetime of the owner, but after the demise of the person concerned, the disposal/transfer be permitted as per above mentioned latest clarification of Home Ministry.
Sd/-
(Dr. Vinayak Prasad)
Under Secretary to the Government of India

F.No. 497/57/87-CUS.VI
Dated 5.1.88
Ministry of Finance
(Department of Revenue)
New Delhi
Disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer of Residence.
Attention is invited to Ministry’s letter bearing F.No. 495/106/86-Cus.VI, dated 12-8-1987, and Telex messages dated 13-8-1987 and 8-9-1987 regarding disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer of Residence etc.
2. The transitional problems arising out of sudden imposition of ban on the imported of fire arms in baggage or as gift and the delay in communicating the decision regarding this prohibition to the concerned authorities, particularly, our Missions abroad, had been under consideration of the Government. Having regard to these transitional problems and at the same time keeping in view the need to eliminate profiteering by unscrupulous elements, on account of high co-premium commanded by weapons of foreign make in the Indian market, Government have decided -

(1) to regularize all import made up to 31-1-1987 (except those which were already confiscated and disposed of by the customs authorities) subject to the condition that such fire arms shall not be transferred to any person in India during the life-time of the licensees for consideration or otherwise;

(2) to permit persons bringing their personal effects under the Transfer of Residence Rules, 1978 to import one fire arm which was in their possession for a minimum period of one year subject to the condition that such fire arm shall not be transferred to any person in India during their life-time for consideration or otherwise; and

(3) to permit import of sporting weapons for target practice by rifle Clubs/Associations recognized by Central/State Government or their members, on the basis or specific recommendations of the Department of Youth Affairs and Sports.

3. So far as decision at (3) above is concerned, CCI & E would make suitable provision in the Import policy permitting the import of sporting weapons for target practice by Rifle Clubs/Associations.

4. So far as import of fire arms made in baggage including unaccompanied baggage up to 31-1-1987 are concerned you may now release the detained fire arms. A condition may, however, be put in the Arms Licence of the importer concerned that the fire arm shall not be transferred to any person in India during the life time of the licensee for consideration or otherwise.

5. So far as imports under Transfer of Residence Rule are concerned, a similar condition may also be endorsed in the Arms Licence of the passenger concerned. Necessary action is being taken to carry out appropriate amendment in the Baggage (Conditions of Exemption) Rules, 1986 to provide for a condition to the above effect.

Having regard to the sensitive nature of the item, you are requested to ensure that transfer of residence facilities in respect of import of a fire-arm are permitted only in those cases where proof of possession for a period of one year by way of a possession license or an Arms Licence, wherever required, in the country of residence abroad is invariably insisted upon besides the purchase vouchers to establish the period of ownership.

If there are genuine doubts regarding the ownership and possession of the fire arm for a minimum period of one year abroad, the concessions under the T.R. Rules should be denied and fire arms so imported, confiscated absolutely. You may also ensure that fire arms imported under T.R. Rules are allowed clearance only at the level of Asstt. Collector of Customs after due verification since personal fire arms are not permitted for possession in many countries, particularly, by persons who are not nationals of that country.

http://www.ieport.com/baggage_rules/63-95.htm
Government of India
Customs Circular No. 63/1995 Dated 07/06/1995

Subject : Transfer of Residence Form in vogue for claiming benefits of Transfer of Residence under Chapter IV of the Baggage Rules, 1994 - reg.

The undersigned in directed to say that it has been brought to the notice of the Board that the Transfer of Residence Form binge used in your Collect orate contains a clause that "the goods cleared by the passenger shall not be sold, displayed or advertised or offered for sale until their market price has displayed or advertised or offered for sale until their market price has depreciated to less than 50% of the market price when new", although in terms of the existing provision, there is no such restrictions on the goods cleared as baggage by a passenger. A copy of the Transfer or Residence Form received with the reference in enclosed for your ready reference. As the Baggage (Conditions of Exemption) Rules, 1975 have already been rescinded, this clause in the Transfer of Residence form has to be deleted to avoid confusion in the minds of passengers.

2. It is, therefore, requested that necessary action in the matter may be taken immediately under intimation to the Board.

3. In this connection, it is pointed out that one firearm of permissible bore is allowed to be imported by persons transferring their residence to India under Chapter IV of the Baggage Rules, 1994. This is being allowed in terms of Ministry's instructions dated 5.1.88 issued from F.No. 497/ 57/ 87-Cus VI. Such release is permitted subject to the condition that the firearm so cleared shall not be sold, transferred, loaned or otherwise parted with, for consideration or otherwise, to any other person in India during the life time of the person concerned. An endorsement to this effect is made in the arm licence and the passport of the passenger concerned at the time of clearance of the firearm. Such endorsement shall continue to be made by the customs authorities at the time of clearance of the firearm in question.
Sd /-
(T.R. Kapur)
Under Secretary (Cus. VI)


http://mumbaicustoms3.gov.in/htmldocs/misc.htm
Can firearms be imported as part baggage ?

Import of firearms is strictly prohibited.

However, Firearms may only be brought under Transfer of Residence - Import of firearms is usually prohibited and import of Cartridges in excess of 50 is also prohibited, both being listed under Annexure-I of the Baggage Rules. However, persons bringing their effects on TR can bring one firearm of permissible bore on payment of a duty @153% ad-valorem, subject to the conditions that:-

(a) the same was in possession and use abroad by the passenger for a minimum period of one year and also subject to the condition that such firearm, after clearance, shall not be sold, loaned, transferred or otherwise parted with, for consideration or otherwise, during the lifetime of such person AND

(b) the firearms can be allowed in such cases on payment of applicable duty provided the passenger has a valid arms licence from the local authorities.
Nagarifle

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Re: Importing Arms & Ammo into India

Post by mundaire » Wed Oct 14, 2009 10:31 pm

Wow! Excellent work Anand and Nagarifle... :clap: this information will certainly be of benefit to many who are considering returning to India with their firearms :)

Cheers!
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Re: Importing Arms & Ammo into India

Post by Sakobav » Thu Oct 15, 2009 6:13 am

Hats off nagarifle and Anand shedding the light on thus process

Cheers

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Re: Importing Arms & Ammo into India

Post by rcdoma » Fri Oct 16, 2009 4:21 am

Excellent post, Anand and Naga!

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Re: Importing Arms & Ammo into India

Post by Anand » Wed Oct 28, 2009 6:26 pm

Gentlemen (& Ladies who we seem to have a very few of :( ),
I was speaking to member rcdoma a while back and it got me thinking, why not compile a list of shops/dealers of foreign countries who our members may have purchased ammunition from, for bring back to India as visitors/tourists (Non-TR)in check-in baggage.

for starters there is : Chye Whatt Seng
Golden Mile Complex
5001 Beach Road # 02-73/74,
Singapore 199588
Phone: 62983586 | Fax: 67464263
who used to sell .32 revolvers and ammunition and stocks scopes and such other gun related paraphernalia in the 80's. If members could contribute the names of other dealers, especially near India (which have direct flights without having to transit other countries) it could help us all when we want to import.
Alternately, considering that hopefully IFG is going to be a force to be reckoned with soon 8) ,it may even be possible to get in touch with a good Ammunition importer/dealer in India who can take the orders of several members here who have ammunition requirements at one go. What I mean is IFG can co-ordinate this and lock-in and possibly get these members to give some sort of an advance/deposit and then we can live happily everafter :D .

If some other genius of a member has already thought of this and posted it else where please forgive me. :P :wink:
Some of us are desperate for good imported ammunition! :shock:

Regards,
Anand

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Re: Importing Arms & Ammo into India

Post by Risala » Wed Oct 28, 2009 7:08 pm

None of the countries in APAC,Middle East perhaps even in Europe will sell you ammo across the counter on your Indian lic.....the only place where you can buy is the US....but then for 50 rounds that you are entitled to bring with you....is it really worth the effort.....post 9/11 dont iknow if it is a current airline requirement in the US for the dealer to drop the ammo at the airport.... if it is then you can be sure the the cost of delivery of the 50 rounds will make it worthwhile to buy the ammo here itself at the inflated cost....

Your best bet is to get in touch with a dealer in India itself who imports regularly.....try India Arms Corp in Lucknow
they are one of the biggest importers of ammo.....

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Re: Importing Arms & Ammo into India

Post by rcdoma » Thu Oct 29, 2009 3:08 am

While that's fine for most people, it's not going to work for people who want to import ammo that is not on the dealer import list, like .40 S&W or .357 SIG.

Does anyone know how a caliber gets added to this dealer import list? I think it's time to update this list :D

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Re: Importing Arms & Ammo into India

Post by ruger_rugged » Mon Nov 16, 2009 4:07 pm

I possess a 32 Cal Revolver in US and I am planning to come with it to India on TOR. I have talked to a exporter who can do the job, but he needs a letter from embassy or some govt dept in India saying that Import is legal per Indian laws. I have a firearm (12 bore gun) in India which I deposited with the police before coming to USA. My Indian Arms license is valid and has been renewed in timely manner. I am in the US and I just plan to come once for good. I plan to complete the paperwork in US and come to India and then apply for addition of a new weapon on my license. My license is from Pune, MH. Can any body tell me how hard will it be to get a new bore added to an existing licence? AND most important how/ where to obtain letter for US department of State saying this import will be legal? Thank you in advance for your time.

Cheers,
Rubin

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IMPORTING A GUN UNDER TR

Post by gunrunner » Sat Jan 23, 2010 8:41 pm

What is the procedure ,process and parameters of importing a firearm under TR scheme.
I have a 12 bore licence and will also go shopping for a .22 licence in the near future.
Any forum member who has done a firearm Tr in the recent past and could help me with the modalities?
Have read the post on firearm imports in legal issues,would need a firsthand account from someone who has actually done it,to know of the pitfalls and also to know wether it is worth the headache.
Last edited by gunrunner on Sat Jan 23, 2010 9:04 pm, edited 1 time in total.

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Re: IMPORTING A GUN UNDER TR

Post by nagarifle » Sat Jan 23, 2010 9:03 pm

hi gunrunner
please check the http://www.indiansforguns.com/viewtopic ... &start=180

in legal section you will find all the info there.
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