IFG Members support for RKBA PIL

[ravi.sharma]

Hi Abhijeet,

Thanks for expresssing your views.

I don't think anyone has a doubt here about you being a Pro RKBA. The problem is, as of now we don't have any other alterantive then filing a PIL in the Honourable court and fight for the Cause. We all shall appreciate if you can guide us some other way to fight for this cause. As far as handling goes, all the efforts will be taken to handle this in the most cautious manner and we are not just going to rush in to it.

As you have mentioned, you would be more then happy to help, please let me inform you, that you can help us the most. So i will request you to kindly re-consider your decision.

Never let the odds keep you from pursuing,.................. What you know in your heart you were meant to Do.......

Falling Doesn't Make You a Failure,............. Staying Down Does...................


Ravi.

[amk]

I suggest start with an RTI application, or multiple RTI applications and use those to build a base for a petition.

[gunrunner]

AMK,its not a bad idea

[joydeepm]

yes , yes , yes - a hundred times over .

So when do we stop being slaves of the system and file that PIL ? It sure would be the first legal step against a draconian and archaic law that keeps us from being true free men ?

Best wishes

[gunrunner]

The courts will surely consider the PIL sympathetically.
As joydeepam has rightly pointed out the archiac,draconian laws we framed to keep the indians away from arms and the british away from harm.
That dint stop us from kicking out her majesty"s majesty and her stooges.
The defunct laws have no locus standi in todays times,they are outdated and asking for change.
A PIL will surely bring the desired results.Because nobody approached the courts didnt bother to interfere.But when approached for justice the courts have always supported the general public against the babus, their bosses,and the system..
God willing the desired results will surely come our way but maybe with some conditions(which we wouldnt mind).

[aarkay]

hi everybody my name is rajkumar. i reside at a small town called tiruvannamalai. i am a kidney patient living with my wife in a remote place.i am physicaly unfit even to defend my life or my wifes because of my illness. if somebody forcefully enters my home how can i defend my life and property?i either have to wait for the cops or be at the mercy of the aggresser.nowadays a 9mm pistol is available for as low as 10 to 15 thousands which a criminal can get as easily as buying a pack of cigeretes while while decent people like us has to be at the mercy of the government or the licensing authorities who always reject an application just to keep paper work to a minimum.is this what freedom is .then i dont want freedom.i will even endure tyrany if it permits me the basic right of defending my life and my dependents by allowing me to have arms.

[ravi.sharma]

Hi Aarkay,

Sorry to hear about your physical condition, hope you get well soon.

For RKBA, we will get the law changed but as i have always said, we need support to do this. Though the work is going on in the background and people have voluteered to support, we still are FAR AWAY in terms of the votes received.

Hence, i still request the members to vote. Personally i have a ARMS Liecense but the moto is that each and every country men, who wish & wills to defend himself/herself, their family, property should have the right to bear ARM. I am a strong believer of this cause and will try and do every thing possible to make it a success.

PLEASE VOTE.


Ravi.

[jayanta mukherjee]

Dear friends,
Sorry for the long absence. Well since we are treading in the right direction I say a definite YES to the process.
But at the same time I have certain reservations which I would like to share with you:-

1. The first thing which obviously comes to my mind is that, as rightly pointed out by Abhijeet, is that the Hon'ble Courts are not law makers but they only interpretate the provisions of law. So at the most we can expect that courts may direct the Union of India to consider the EXIM policy.

2. As rightly pointed out by Abhijeet once again we need to convince the members of the Standing Committee of Home Affairs and the Ministry of Commerce and a good lobbying is indeed needed there.
I would further like to state here that it is equally important that one should also try to convince our law makers because if the PIL is entertained then the Hon'ble Court is going to issue notice to the UOI about its stance.

3. By tagging in the aspect of easy licencing policy alongwith the challenging the import ban of arms in the same PIL we would be opening the doors to anti gun lobby which would then be a real pain in the wrong place, as it is a lobby to recon with, having probably more clout and financial might, as they will try to implead themselves as necessary parties in the PIL.

We should have a systematic approach to the problem, and firstly try to get the import ban off and then try to approach the courts for changing the notion of the police department that income cannot be the sole criterion for eligibility of licence. Good antecedents alone are the sole criterion. since it entirely depends upon the discretion of the police whether an individual is eligible for licence it is almost certain that the courts would not issue a blanket order regarding easy licencing procedure. So I would suggest that any individual whose licence has been turned down on the ground of income criterion or/ and having already owning a firearm licence should approach the Court first and then if we pull in to get his same I can promise you that we would have a precedent or ratio for the others following.

Any criticism or a analysis is highly solicited.
Cheers
Jayanta Mukherjee

[Rottmeister]

Thanks for agreeing with me Jayanta; first, it's the registered, NRAI affliated shooting club members who must be alowed to import. This is going to pave the path for further developments. Is it possible to meet you in person, anyway?

[mundaire]

Going OT but I thought should point out everyone here to Section 14 (2) of the Arms Act which states clearly:

"The licensing authority shall not refuse to grant any license to any person merely on the ground that such person does not own or possess sufficient property."

Therefore any licensing authority, anywhere in India which demands income/ property proof to back up an arms license application, is doing so in direct contravention of the law. In such cases, the applicant can appeal the decision/ take the matter to court. However, the authorities very well know that only a minuscule number of applicants will actually take the trouble to do so....

Cheers!
Abhijeet

[Rottmeister]

Abhijeet, I was told by the Arms Cell that "....one who doesn't earn 25K or more a month is not granted a license." Can this be taken to the court?

[mundaire]

Abhijeet, I was told by the Arms Cell that "....one who doesn't earn 25K or more a month is not granted a license." Can this be taken to the court?

You can, but do you have the reason for rejection given to you in writing? If not then obtain it first... then you can take them to court.

Cheers!
Abhijeet

[cottage cheese]

...once you have obtained it in written, make those pompous ignorant half-arses squirm.

[Rottmeister]

I doubt if they'll give it in written; I think they have that much of brains.

[jayanta mukherjee]

Is it possible to meet you in person, anyway?

Surely am going to be in town this Thursday. So surely we can catch up.
Rottlord, if they are refusing to give it to you in writing then you should take it up through RTI. Infact I would suggest to you that if they are taking much long time then you should invoke the writ jurisdiction and approach the Hon'ble High Court at Calcutta under Article 226 of the Constitution of India.