• Advertisement
Kiehberg.in -  Outdoor gear and sports equipment

Draft Arms Rules, 2015 : Comments/views invited now !

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!
User avatar
estousandy
Posts: 376
Joined: Fri Oct 23, 2009 3:41 pm
Location: KL

Draft Arms Rules, 2015 : Comments/views invited now !

Postby estousandy » Thu Apr 30, 2015 9:21 pm

MHA puts up revised draft Arms Rules for comments on its website

Draft Arms Rules, 2015

Comments/views are invited on the draft Arms Rules, 2015 online at [email protected] from the fire arms licensees and other stake holders like fire arms manufacturers/dealers, importers/exporters, gunsmiths, fire arms transporters, accredited sport shooters, shooting clubs/Rifle Associations as also from general public” within a period of 30 days from the date of uploading of these draft Rules on the MHA website.

It mentions "Air weapon", "firearm replica", "blank gun", "Paintball guns" etc in correct sense, although airsoft/toy/hobby still hasn't found a spot. I guess this is the time for some closure.

http://mha.nic.in/sites/upload_files/mh ... 300415.pdf

PS: A Humble request to everyone planning on sending a feedback on this to MHA, Please include a Positive mention about Airsoft too in it even if you're not interested in that hobby. Helps a lot. Thank you.
Last edited by estousandy on Thu Apr 30, 2015 11:43 pm, edited 1 time in total.


The most dangerous part of a gun is the loose nut behind the stock.

apoorvsinghal
Posts: 16
Joined: Tue Feb 03, 2015 8:06 pm

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby apoorvsinghal » Thu Apr 30, 2015 10:04 pm

I believe members especially senior members of the IFG can take the initiative and draft a full fledged reply commenting upon the stance of RKBA and what kind of guidelines a modern society needs. This draft can then be circulated on this forum and various other forums so that people can personally email that draft to the ministry through their email addresses and add weight to the movement. This can be much like the stance AIB (All India Bakchod) took when TRAI invited comments over net neutrality. Due to their initiative, TRAI received over 1 million mails from public.

Cheers!



User avatar
AgentDoubleS
Poster of the month - Apr 2015
Poster of the month - Apr 2015
Posts: 523
Joined: Sun Sep 17, 2006 9:12 pm
Location: Delhi

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby AgentDoubleS » Thu Apr 30, 2015 10:41 pm

I will read through this in detail and submit my views to mha. However, a 20 min read through makes this look like old wine in a new bottle. This draft carries forward the same colonial mindset. Restriciting firearms ownership by introducing proof of 'threat to life', restricting carrying ability to resident state, giving elitist treatment to MPs, MLAs and govt servants.

Dissapointed.



Chandan22
Posts: 137
Joined: Thu Jun 27, 2013 11:45 pm

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby Chandan22 » Thu Apr 30, 2015 11:09 pm

Hello,

A very cursory reading over the last hour shows some interesting stuff...
1. Apparently flash suppressors and sound suppressors are now legal !!! One table lists "Accessories for any firearms designed or adapted to diminish the noise or flash caused by the firing thereof." that a dealer can stock 20 units !!

2. Ammo quota goes up...

3. Sport shooters get an extra category for applying. Membership to NRAI or state associations is sufficient to apply. No more renowned shot/ aspiring shooter status mandatory

4. Restrictions on licencing still seem to be the same. So thats a big negative.

Anyone else who's read through? Am I right on the suppressor point?

~C



User avatar
estousandy
Posts: 376
Joined: Fri Oct 23, 2009 3:41 pm
Location: KL

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby estousandy » Fri May 01, 2015 8:33 am

Govt may soon make it easier to own a gun

http://timesofindia.indiatimes.com/indi ... IIndiaNews

NEW DELHI: The process of getting a gun licence may soon get less cumbersome with the home ministry proposing to amend Arms Act rules to cut down the paperwork and ensure grant of licence within a specific time-period.

The government on Thursday put out the draft rules, according to which the number of documents required to be submitted while applying for an arms licence will be reduced from nearly two dozen at present to less than a dozen and the police verification completed between one and three months, depending on the category of arms.

Every weapon will now be issued a licence with a unique identification number, which will make help keep a record of data relating to arms in an electronic format. Arms without a unique identification number (UIN) shall not be considered valid with effect from the October 1, 2015.

Another rule proposed by the government requires individual applicants to undergo a complete arms and ammunition safety training course from an accredited trainer or an accredited shooting club. The training will cover basic arms and ammunition safety and handling, firing techniques and procedures, safe storage techniques and working knowledge of the Arms Act provisions.

As per the rules, on which views from various stakeholders have been invited, obtaining gun licence would be made simpler for those who face grave and imminent threat to their lives due to the nature of duties performed by them and have made themselves targets of militants or terrorists, and for MPs, MLAs and others who are closely or actively associated with anti-militant, anti-terrorist or anti-extremist programmes and policies of the government.(a non-existent group!)


The most dangerous part of a gun is the loose nut behind the stock.

goodboy_mentor
Posts: 2785
Joined: Sun Dec 07, 2008 12:35 pm

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby goodboy_mentor » Fri May 01, 2015 10:27 am

Just read around first 25 pages, it has more definitions, it has more restrictions than present Arms Rules. Will be putting up my comments. Request every one to carefully read each and every point or rule of that document and think about how it is unreasonable and possible problems it may create in future. Everyone be prepared how to make sure that the rules in present form do not get passed in Rajya Sabha.


All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche

Katana
Posts: 1004
Joined: Mon Jan 25, 2010 12:22 pm
Location: Gujarat

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby Katana » Fri May 01, 2015 11:08 am

Clause 12 is a bummer!


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.

aadhaulya
Posts: 1174
Joined: Wed Nov 20, 2013 10:41 pm

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby aadhaulya » Fri May 01, 2015 8:24 pm

goodboy_mentor wrote:Just read around first 25 pages, it has more definitions, it has more restrictions than present Arms Rules. Will be putting up my comments. Request every one to carefully read each and every point or rule of that document and think about how it is unreasonable and possible problems it may create in future. Everyone be prepared how to make sure that the rules in present form do not get passed in Rajya Sabha.


1. I think that the clause of carrying the gun fully covered is contradictory to the rule that unless you are a sports shooter, one can get a license only if one faces a grave and imminent threat to the persons life. One would be dead before he can remove the gun from its covering,
2. Also as per the new proposed application form, there is no choice of applying for more than one weapon, even though you may be able to justify the requirement of more weapons.
3. License would be given only if a grave and imminent threat exists and the Police confirms it. There is no room for perceived threat.
3. I am not sure about renewals. Does this rule give powers to the LA to refuse renewal if they feel that the requirement for the weapon does not exist any more??

Regards



Anand
Posts: 576
Joined: Tue Nov 04, 2008 11:29 am
Location: Hyderabad

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby Anand » Sat May 02, 2015 1:27 am

AFAIK The Arms Act 1959 was to be re-written to incorporate changes to correct existing flaws, loop holes and make it easier for the licensee by making the procedure transparent. And where are the changes as suggested by our 108 MPs who went to meet the PM, and where are the changes that are covered in the letter addressed by the MHA to all states and UTs for their comments ? These are the proposed changes in Arms Rules with elaborations. It appears that once again the Babus picked only the Arms Rules to be changed and not that act itself. First the Draft of the Act should be shown for public comment ( I am not a lawyer and don't know how this should be done).
The changes in the Act were to allow (among other things):
1. life time & 2.All India validity of license, 3.unlimited firearms and 4.ammunition,5. Import of one firearm by licensee,6. transparency in granting licenses with "shall issue", with no discretionary power to LA, and 7.time limit on background check, 8.Not having to report to Local SHO when traveling for ore than 48 hours etc.
While these seem to have been addressed to some extent in the new 2015 Draft, the devil is in the detail of these rules. The discretionary powers remain, these are not shall issue(Only those with grave threats can be granted, along with MPs, MLA's and defense and Police officers)
Whats going on?
Anand



User avatar
estousandy
Posts: 376
Joined: Fri Oct 23, 2009 3:41 pm
Location: KL

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby estousandy » Sat May 02, 2015 11:30 am

Government likely to introduce safety measures while liberalising Arms Act Rules

http://timesofindia.indiatimes.com/indi ... IIndiaNews

NEW DELHI: The government is likely to introduce safety measures while liberalising gun laws. Changes proposed to the Arms Act Rules,1962, forbid one to point a firearm at anyone without "good reason." A gun cannot be brandished in a public place but concealed in a holster. There will also be a ban on firing in the air at marriages, fairs and public events. Such firing has led to many deaths in rural and semi-urban areas. Failure to abide by the guidelines will lead to cancellation of weapon licence.

However,certain change of provisions is likely to find favour with businessmen and professionals who undertake frequent trips across India. Union Ministers, MPs and bureaucrats of all-India service will be considered for an all-India validity licence, than a state-specific one, so they can carry guns everywhere legitimately.

ET was the first to report, on January 14, that the government would amend the more than half-a century-old rules to make obtaining gun licences simpler and faster by introducing a deadline for deciding on the applications and reducing the number of application forms. The draft rules, in public domain, fulfill the aim with conditions.

"This is a counter-check to ensure people handle licenced arms responsibly," a top home ministry official told ET. So in the application form for obtaining a gun license, the "restrictions" on carrying a firearm in a public place have been spelt out. "No person may carry a fire arm in a public place unless the firearm is carried in a holster or similar holder designed, manufactured or adapted for the carrying of a handgun," the draft rules now say.


The most dangerous part of a gun is the loose nut behind the stock.

goodboy_mentor
Posts: 2785
Joined: Sun Dec 07, 2008 12:35 pm

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby goodboy_mentor » Sat May 02, 2015 11:53 am

These kind of news reports are highly misleading. They are packaging and spinning more restrictions as liberalization.


All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche

User avatar
nagarifle
Posts: 3362
Joined: Sat Oct 06, 2007 1:43 pm
Location: The Land of the Nagas

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby nagarifle » Sat May 02, 2015 1:58 pm

page 11 application for licnece
section 11 E sub seb sec c as id proof Andhar card is needed,

SC declared that Andhar card is not mandatory, aritical 21 of the constitution=not everyone wants one either, MHA are forcing people to get one if they want Arms licence.

G/ need to provide ref from 2 people of social standing. who are they? why is this needed?

page 13 section 12 sub sec 2/1a thats would mean everyone in J&K and all of NE as they are all living in area where militants are active

might as well make it compulsory for the residents of those area to have one.

dedicated sports persons? that means i am once a week shooter i am not dedicated?


Nagarifle

if you say it can not be done, then you are right, for you, it can not be done.

User avatar
mbsolan
Posts: 25
Joined: Sun Apr 10, 2011 8:08 pm
Location: Himachal Pradesh

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby mbsolan » Sat May 02, 2015 3:54 pm

How much increase in all fees can be justified?



goodboy_mentor
Posts: 2785
Joined: Sun Dec 07, 2008 12:35 pm

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby goodboy_mentor » Sat May 02, 2015 4:59 pm

mbsolan wrote:How much increase in all fees can be justified?
Increase in fees is not justified unless fees is for lifelong license validity. Increase in fees will discourage many arms license applicants.


All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche

User avatar
AgentDoubleS
Poster of the month - Apr 2015
Poster of the month - Apr 2015
Posts: 523
Joined: Sun Sep 17, 2006 9:12 pm
Location: Delhi

Re: Draft Arms Rules, 2015 : Comments/views invited now !

Postby AgentDoubleS » Sat May 02, 2015 9:21 pm

Not to mention that all ammunition manufactured needs to have batch number and serial number..on each round!! So it can be traced if misused! Utterly ridiculous.




Return to “The Legal Eagle”

Who is online

Users browsing this forum: No registered users and 3 guests