• Advertisement
Kiehberg.in -  Outdoor gear and sports equipment

Legal Advice required wrt to Blank Pistol Import

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!
hellfire_m16
Posts: 266
Joined: Tue Nov 27, 2007 5:51 pm
Location: Mysore

Legal Advice required wrt to Blank Pistol Import

Postby hellfire_m16 » Mon Jan 11, 2016 6:13 pm

Hi Guys,

First of all wishing one and all a very happy new year 2016!

I recently imported a Beretta Blank Pistol for my collection.

The tracking shows that the Blank has gone to the customs for inspection.

Would like your esteemed advice with regards to the relevant custom import notifications and arms act provisions.

Links and personal experiences will be much appreciated.

Thanks in advance.

Kind regards,
VM


"Men are like steel, when they lose their temper they lose their worth."
-Chuck Norris

goodboy_mentor
Posts: 2872
Joined: Sun Dec 07, 2008 12:35 pm

Re: Legal Advice required wrt to Blank Pistol Import

Postby goodboy_mentor » Mon Jan 11, 2016 6:35 pm

As per the above information, the customs have inspected the imitation firearm and most probably were satisfied that it does not require a license under Arms Act 1959, that is why they cleared it. Please read the definition of firearm in Arms Act 1959. As per the definition in Arms Act 1959, only if the gun can fire a projectile, it is a firearm. Blank gun(imitation firearm) cannot fire a projectile, thus not a firearm.


"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

hellfire_m16
Posts: 266
Joined: Tue Nov 27, 2007 5:51 pm
Location: Mysore

Re: Legal Advice required wrt to Blank Pistol Import

Postby hellfire_m16 » Mon Jan 11, 2016 6:38 pm

Hi Goodboy...thank you for your reply...the item is still with customs...not yet released...would appreciate if you can guide me to the relevant link of the arms act.

Regards,
VM

Sent from my GT-I9300I using Tapatalk


"Men are like steel, when they lose their temper they lose their worth."

-Chuck Norris

goodboy_mentor
Posts: 2872
Joined: Sun Dec 07, 2008 12:35 pm

Re: Legal Advice required wrt to Blank Pistol Import

Postby goodboy_mentor » Mon Jan 11, 2016 6:44 pm

You may obtain copy of Arms Act 1959 from the website of Ministry of Home Affairs. For Customs related information the DGFT website may be searched.


"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

hellfire_m16
Posts: 266
Joined: Tue Nov 27, 2007 5:51 pm
Location: Mysore

Re: Legal Advice required wrt to Blank Pistol Import

Postby hellfire_m16 » Mon Jan 11, 2016 10:10 pm

Thank you good boy.

Sent from my GT-I9300I using Tapatalk


"Men are like steel, when they lose their temper they lose their worth."

-Chuck Norris

User avatar
mundaire
Posts: 4926
Joined: Mon May 22, 2006 5:53 pm
Location: New Delhi, India
Contact:

Re: Legal Advice required wrt to Blank Pistol Import

Postby mundaire » Wed Jan 13, 2016 1:22 pm

You can download a copy of the Arms Act & Rules from viewtopic.php?f=4&t=1474

As per law currently blank guns are NOT considered as arms - and rightly so, as they cannot be used for offence or defence.

However, if the mandarins at Ministry of Home Affairs have their way, blank guns as well as replicas may soon be classified as arms and require an arms license... similar to what they are planning to do for airguns.

Cheers!
Abhijeet


Like & share IndiansForGuns Facebook Page
Follow IndiansForGuns on Twitter

FIGHT FOR YOUR RIGHTS - JOIN NAGRI NOW!

www.gunowners.in

"Political tags - such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth - are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire." -- Robert Heinlein

hellfire_m16
Posts: 266
Joined: Tue Nov 27, 2007 5:51 pm
Location: Mysore

Re: Legal Advice required wrt to Blank Pistol Import

Postby hellfire_m16 » Sat Feb 06, 2016 6:11 pm

Thanks for the link Abhijeet! Much Appreciated...

BTW the blank was cleared by customs.

Thank you guys for your help.


"Men are like steel, when they lose their temper they lose their worth."

-Chuck Norris

User avatar
subodh22
Posts: 51
Joined: Mon Jun 13, 2011 11:43 pm
Location: Pune

Re: Legal Advice required wrt to Blank Pistol Import

Postby subodh22 » Fri May 13, 2016 2:19 pm

hellfire_m16 give us some information on from which online shop or where did out purchased the item

thank you



User avatar
Vakil Saab
Posts: 48
Joined: Fri May 06, 2016 2:13 pm
Location: Lucknow/NCR/Varanasi
Contact:

Re: Legal Advice required wrt to Blank Pistol Import

Postby Vakil Saab » Sat Jun 25, 2016 8:01 am

hellfire_m16 wrote:Thanks for the link Abhijeet! Much Appreciated...

BTW the blank was cleared by customs.

Thank you guys for your help.


Kindly post some pics and let us know the make and model.


Salutations to Him who protects the world by the might of His drawn bow, to Rudra the destroyer of all miseries; to the Lord of the fields and sacred places, salutations.

ketanjaiswal
Posts: 1
Joined: Sat Jun 25, 2016 2:18 pm

Re: Legal Advice required wrt to Blank Pistol Import

Postby ketanjaiswal » Sat Jun 25, 2016 2:34 pm

HI Guys
MY blank firing gun is arrived in delhi Via fedex courier but it is detained by custome and they are asking for arm licence.
i explain to FEDEX that this is not real gun and it does not need a arm licence but they said you have to provide a arm licence otherwise you cant release it from custom and it will be ceased by custom if you cant provide arm licence and NOC with in 30 days.
can anyone please help me to with what to do. Please help.

Thanks

KInd Regards
K Jaiswal



User avatar
Vakil Saab
Posts: 48
Joined: Fri May 06, 2016 2:13 pm
Location: Lucknow/NCR/Varanasi
Contact:

Re: Legal Advice required wrt to Blank Pistol Import

Postby Vakil Saab » Mon Jun 27, 2016 10:42 pm

ketanjaiswal wrote:HI Guys
MY blank firing gun is arrived in delhi Via fedex courier but it is detained by custome and they are asking for arm licence.
i explain to FEDEX that this is not real gun and it does not need a arm licence but they said you have to provide a arm licence otherwise you cant release it from custom and it will be ceased by custom if you cant provide arm licence and NOC with in 30 days.
can anyone please help me to with what to do. Please help.

Thanks

KInd Regards
K Jaiswal


Your first step should be to send a legal notice (which you can do without a lawyer, in your own name/on your own letterhead/via email) to FedEx telling them that they are unreasonably asking you for an arms license and since your blank gun cannot shoot projectiles it is not covered under arms act. Tell them that if they do not comply with your demands then you will sue them under provisions of Consumer Protection Act and also send them a copy of relevant import policy documents, arms act provisions etc. Notice copy should be sent to all the directors of the company, HR deptt for taking action against idiot execs and to the Zonal HQs, if any. Send by registered post as well as by email.

If you need any help with drafting, inbox me.

Hopefully, this will solve your problem, if not then your next step will be to deal with customs. First do this then get back to us.

Regards

Added in 16 minutes 31 seconds:
An alternative approach can be to send notice to both FedEx and Customs simultaneously, considering your 30 day deadline. Remember, if your lawful shipment is confiscated then the concerned customs-wallah can be prosecuted and put to jail at worst or suspended at best. You can file a criminal case against him/her and his career will be destroyed. You've done nothing wrong so be bold and carry on.

Central Government Act

Section 166 in The Indian Penal Code

166. Public servant disobeying law, with intent to cause injury to any person.—Whoever, being a public servant, knowingly diso­beys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both. Illustration A, being an officer directed by law to take property in execu­tion, in order to satisfy a decree pronounced in Z’s favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section.


Salutations to Him who protects the world by the might of His drawn bow, to Rudra the destroyer of all miseries; to the Lord of the fields and sacred places, salutations.

hellfire_m16
Posts: 266
Joined: Tue Nov 27, 2007 5:51 pm
Location: Mysore

Re: Legal Advice required wrt to Blank Pistol Import

Postby hellfire_m16 » Sat Jul 02, 2016 11:30 am

Hi Ketan,

Just google online. They are a lot of blank guns imported into India. Get the list from the net and ask the customs how did they release those. They are not firearms...but, customs interpretation is unimaginable most of the time...take the RTI route if necessary...Vakil Sabh has offered you his kind help...customs cannot seize just like that...its a headache for them too...

Added in 2 minutes 31 seconds:
subodh22 wrote:hellfire_m16 give us some information on from which online shop or where did out purchased the item

thank you


Hi Subhodh...i purchased from ioffer...


"Men are like steel, when they lose their temper they lose their worth."

-Chuck Norris

defcon007
Posts: 7
Joined: Sun Mar 29, 2015 8:00 pm

Re: Legal Advice required wrt to Blank Pistol Import

Postby defcon007 » Mon Jul 04, 2016 11:13 am

hi hellfire_M16..as u mentioned u imported it from ioffer.com usa, they send it through USPS which is traceable upto usa only and once it left to india there is no record.so how did u came to know that it is with customs



vedant1711
Posts: 5
Joined: Thu Feb 09, 2017 6:48 pm

Re: Legal Advice required wrt to Blank Pistol Import

Postby vedant1711 » Thu Feb 01, 2018 9:34 pm

Please refer to the trading section rules- Moderator




Return to “The Legal Eagle”

Who is online

Users browsing this forum: No registered users and 3 guests