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Recommendation from MP for arms license

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!

Recommendation from MP for arms license

Postby T T » Mon Mar 05, 2012 11:04 pm

Will getting a recommendation letter from MP (to District Collector) will increase prospects of getting arms license?

As per my IT returns I am a modest businessman. I cannot show any clear threat to my life as no case was registered in police station. I have enemies. I need a gun as deterrence and to overcome timidity. I may enter politics after some years.
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Re: Recommendation from MP for arms license

Postby goodboy_mentor » Tue Mar 06, 2012 12:26 am

Will getting a recommendation letter from MP (to District Collector) will increase prospects of getting arms license?
Difficult to speculate or give an opinion. There is no provision under Arms Act 1959, Arms Rules 1962 that requires some "recommendation" from MP or anybody. Getting an arms license is not some kind of baksheesh being given to the citizen by Government but it is citizen's right. A recent judgment by High Court supporting the fact that arms are part of Article 21 of Constitution of India can be read at viewtopic.php?f=4&t=15364#p147708 You may also read this viewtopic.php?f=4&t=16708#p159679

A simpler way to go about will be to first apply for a NPB shotgun license for self protection since Section 13(3) of Arms Act 1959 clearly makes it mandatory for the licensing authority to issue a license of shotgun for self protection, provided the applicant is not disqualified under Section 14 of Arms Act 1959.
(3) The licensing authority shall grant---

(a) a licence under section 3 where the licence is required---

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection
Ref: http://www.abhijeetsingh.com/arms/india ... r_3_4.html

Once you get a shotgun license you may apply for additional firearm like handgun. There exists supporting judgment for the same, it can be read at viewtopic.php?f=4&t=11189#p113930
As per my IT returns I am a modest businessman.
You do not even need to be an income tax payee to get an arms license because getting an arms license is a citizen's right. Income is a form of property i.e. moveable property. Please read Section 14(2) where it says:
The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.

I cannot show any clear threat to my life as no case was registered in police station. I have enemies.
To get an arms license you do not need a threat or enemies. It is a citizen's right to get an arms license whether threat or no threat, enemies or no enemies. Please read Section 13(3) of Arms Act 1959 mentioned above again.
I need a gun as deterrence
A gun is not a magic wand, it is just a tool if used properly and wisely as allowed by law may help you.
and to overcome timidity.
What should I say? :) Guns and timidity probably have no relation with each other. Probably other members can shed some light on this matter.
I may enter politics after some years.
Welcome to the world of politics. May you become the ideal politician for "we the people of India". "Politics" is made up of two words, "poli" which in Greek means "many" and "tics" are blood sucking insects. :mrgreen:
All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche
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Re: Recommendation from MP for arms license

Postby Katana » Tue Mar 06, 2012 10:08 pm

As GBM has rightly pointed out, there is no provision for any 'recommendation letters', even if the LA/Police ask you for it. My personal opinion is that one ought to refrain from this practice of getting such letters and apply for the license on your own standing.
Justice alone is the mainstay of government and the source of prosperity to the governed, injustice is the most pernicious of things; it saps the foundations of the government and brings ruin upon the realm - Sher Shah Sur, Sultan-ul-Adil.
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Re: Recommendation from MP for arms license

Postby babawalter » Wed Mar 07, 2012 11:14 am

Thnax for very good , very composed information ....

baba
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Re: Recommendation from MP for arms license

Postby T T » Mon Mar 12, 2012 11:48 am

There is no provision under Arms Act 1959, Arms Rules 1962 that requires some "recommendation" from MP or anybody.


The law book is in its own place and the conventions & practices have their own field. You see what role political influence plays in getting a state government tender or job. You see politicians and businessmen with political links have guns. It is because of their political influence on the government machinery.

To get an arms license you do not need a threat or enemies.


Many arms license applications are rejected because there is no apparent threat to life. It is ridiculed or suspected as otherwise if a common man living in a well policed city applies for arms license in self defense.

As per my IT returns I am a modest businessman.


Big businessmen get arms license because they can show that they handle heavy cash. They are vulnerable to dacoits and may be kidnapped for ransom. It may be very easy for a jewellery shop owner to get a license.
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Re: Recommendation from MP for arms license

Postby goodboy_mentor » Tue Mar 13, 2012 2:24 pm

I have told you the legal position that letter from MP etc. is not required under Arms Act 1959. I have also provided you the links related to favorable High Court judgments. It is upto you to decide the way you think best. Whatever way you choose, please do share your experience on this website, preferably on this thread itself, so that everyone can learn from your experience. You may also like to read this experience viewtopic.php?f=4&t=7796
All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche
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Re: Recommendation from MP for arms license

Postby T T » Sat Mar 31, 2012 2:41 pm

A simpler way to go about will be to first apply for a NPB shotgun license for self protection since Section 13(3) of Arms Act 1959 clearly makes it mandatory for the licensing authority to issue a license of shotgun for self protection, provided the applicant is not disqualified under Section 14 of Arms Act 1959.

Once you get a shotgun license you may apply for additional firearm like handgun.


Is it easier to get a shotgun license than handgun license
Is the IOF 12 Bore Pump Action Gun (shotgun) cartridge less lethal than a 0.32 bore revolver cartridge? Any idea on its effective range and maximum range? In handgun and rifle bullets there is a single lead projectile. But in shotgun there are several smaller projectiles, being lighter they have less kinetic energy.
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Re: Recommendation from MP for arms license

Postby goodboy_mentor » Sat Mar 31, 2012 4:38 pm

Yes in a way it should be easier because Section 13(3)(a)(i) of Arms Act 1959 is very clear about the matter. But this does not mean that all those who are applying for NPB pistol/revolver or NPB rifle are not getting the license first time. If you read and understand the Section 13(3) of Arms Act 1959(especially Section 13(3)(a)(i) of Arms Act 1959) it will become clear to you. And also these three posts:

viewtopic.php?f=12&t=16786#p161605

viewtopic.php?f=1&t=16908#p161201

viewtopic.php?f=1&t=16908#p161218

Please remember every gun is "lethal" if fired from proper distance at proper place.

In a shotgun that does not have a very tight choke, you can also fire cartridge containing a rifled slug instead of cartridge containing several pellets. It needs to be noted that rifled slug will easily pass through human body or wooden or thin obstructions like a rifle bullet and may also hit someone behind the actual target. Rifled slug fired from smooth bore shotgun should be reasonably accurate to around 50 yards. Beyond that also it is very lethal to a very long distance, probably up to or much beyond 150 yards. I have not done any personal research on this topic, but you can get some idea by doing calculations about the ballistics of a rifled slug.
All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche
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Re: Recommendation from MP for arms license

Postby T T » Mon Apr 09, 2012 3:46 pm

:cheers: In majority of cases, license application for self defense is rejected stating Delhi or your particular state is a well policed one. So as a preemptive act, license application should be accompany by a RTI report. One should file a RTI application in the office of Director General of Police of concerned state.

The application should seek the number of cases registered in the state in the last calendar year, under the following categories– 1.Murder 2.Kidnapping 3. Missing 4.Rape 5.Robbery.

The statistics from RTI report will argue that dependence on police only is not secure and there are sufficient reasons to keep arms for self defense.

Moreover the license application should accompany a copy of High Court judgment which states that right to bear arms is in accordance with the Article 21 of the Constitution of India.
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Re: Recommendation from MP for arms license

Postby goodboy_mentor » Mon Apr 09, 2012 4:48 pm

Yes seems to be a good idea. Instead of last one year, may increase the duration to last five years. Also may add two more questions, out of total these cases, how many of these cases were done after giving a threat? Those crimes that were done after giving threat, what was police doing when those(after threat) cases took place?

There is another judgment in favour of RKBA by Allahabad High Court, it can be read at viewtopic.php?f=3&t=17120
All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche
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