Procedure to be followed when selling a firearm in India.

[Mack The Knife]

I wanted to know the exact procedure and asked penpusher about it via PM. Since his reply was so detailed I thought it would help other members as well in future. This is what he had to say:

Mack The Knife,

Arms Act 1959,Sec 5,Sub-section 2,Clause 3"....that no firearm or ammunition in respect of which a license is required under section 3 and no arms in respect of which a license is required under section 4,shall be sold or transferred by any person unless:-

(a) he has informed in writing the district magistratehaving jurisdiction or the officer incharge of the nearest polices station of his intention to sell or transfer such firearms,ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms,ammunition or the other atms,and

(b) a period of not less than forty-five days has expired after the giving of such information"[Inserted by Act 25 of 1983,w.e.f. 22-6-1983]

There is no particular format for the notice.Might I suggest the following:-

To,

The DM/DCP/PS incharge( would suggest you give it to the DM/DCP)
Bangalore,

Sub:-Notice of sale of firearm under Section 5 of the Arms Act 1959.

I,Mack The Knife Bana s/o........... resi of .............. hold a license no .............. valid till.......On this license I possess a DBBL gun no..... make/made in.....
I wish to sell this DBBL gun to .......................... holder of license no....valid for DBBL gun with PP upto ...... (or) ...........(name of the gun dealer).This is the mandatory 45 days intimation as required under the aforesaid section of the Arms Act ,1959 prior to sale to the above metioned licensee/ licensed dealer

Dated:- Mack The Knife Bama etc.

I would suggest that you make 2 copies of the above notice and if possible( in case you are selling the gun to an individual licensee) a copy of the license of the person you are selling the gun to be also attached with the notice.Keep one copy for yourself and leave one with the office.

After the expiry of 45 days from the notice being given,you can sell the gun and then you will have to get the gun deleted from your licenseby the licensing authority(aatch the 45 notice with the application for deletion of the gun).This will have to be done before the buyer(in case of an individual licensee) can get the gun on his license.In case of sale to a gun dealer,you will have to attach the receipt you will get from the dealer with the application for the deletion of the gun.In case you wish to purchase another gun in place of the one that you have sold you will have to ask for permission to buy a gun in the application for deletion of the firearm with PP(purchase period )of a year or what ever time the local licensing authority normally gives.

penpusher

PS-Incase you wish to sell ammo that you have bought with the gun,you will have to mention this in your 45 notice to the licensing authority or the nearest police station and then have to ensure that the same is deleted from your license.Posession of the ammo would cease to be legal if the licensing authority does not give you permission to buy another gun or aftert the expiry of the PP(if given).

[jonahpach]

Cottage chese's comments on Indian Arms Act comes to mind...

Jonah

[osbertliu]

If i wish to sell a gun/rifle, what is the legal procedure i should follow?? what are the documents the buyer and the seller require so that the trade is takes place legally?

[saahil]

hi oc
as per my knowledge if you are willing to sell your gun you should file an application with a photo copy of your license at the ADM(city) office and after 45 days you will get the permission letter. and in your application you have to mention to whon you are selling and you also have to attach a copy of his license with your application. take care.

[Mack The Knife]

http://indiansforguns.com/viewtopic.php?t=1891

[osbertliu]

thx a lot!

[Lawman]

Hi, please discuss regarding the sale procedure of arms. If it is discussed earlier then please give me the link of the topic.

Lawman

[nagarifle]

hi check out the legal section

http://www.indiansforguns.com/viewtopic.php?t=1891

[Lawman]

Thanks Nagarifle.

Lawman

[icemanV]

Thanks Rustom,

However, one doubts persists,

One of the posts mentioned that the office of the DCP will issue a permit letter after 45 days of notice. Is this letter required?

In my case the DCP office conveniently sent a letter after 3 months waiting asking me to renew my purchase period.

Ice

[Mack The Knife]

Ice,

As per penpusher, there is no need to wait for any letter but from what I have found to be the case in Bangalore, one does have to wait to get permission in writing rather than merely waiting for the 45 day period to elapse. This letter, so I am told, usually takes a few months to come through.

[icemanV]

Thank You

Ice

[Mack The Knife]

You're welcome.

[Ranjitdawkhar]

Hello,
Thanks a lot for detailed procedure.

My father holds valid arm license and he owns Webely & Scot ltd revolver..
I dont know the model details and all but it looks in good condition..
We want to sale it.. I am basically from Ahmednagar, Maharastra...i dont even know valuation of that revolver...
It would be great help if someone suggest me where can i get it valuated as well as sell in fair price

Best regards,
Ranjit