Police is nobody to certify or decide anything. Only if any law is getting violated, Police can file a case under that law in court. Court decides the case and gives judgment as per the law. Starter pistols are imitation firearms. Imitation firearms are not covered under Arms Act 1959.My query is that, does one needs a police certificate to carry a fake firearm and what does the law hav to say about this.
Are they not doing the role of fireworks in an imitation firearm? Are they not exempt from license under the Explosives Rules 2008 created under the Explosives Act 1884?P Caps and Gun Powder in the Dummy Cartridge, -------------------, they require a License
Rule 9. No licence needed in certain cases.— Notwithstanding anything contained in rule 7, no licence shall be necessary for the following cases, namely :—
(4) transport of safety fuse and fireworks;
(5) possession of fireworks not exceeding one hundred kilogram for own use and not for sale;
(6) possession by any person for his own private use and not for sale of gunpowder not exceeding five kilograms and fifty metres of safety fuse in any State other than Bihar, Kerala, Tamilnadu and West Bengal and of small arm nitro-compound not exceeding five kilograms except in the State of Kerala;
Rule 57. Small quantities of fireworks exempted.—
Nothing contained in rules 49, shall apply to the transport of manufactured fireworks in the custody of a person entitled to possess them without a licence under sub-rule (5) of rule 9:
Provided that not more than five kilograms of manufactured fireworks, securely packed in original packing, shall be so transported in any motor vehicle used for conveyance of more than six passengers.
Which legal authourity will be willing to certify and they will certify under which law? Do you mean some government lab who will certify afer taking some fees?Therefore my suggestion would be to have such handgun certified by the authority concerned if possible and carry it along with you when ever.
I disagree on this becaue the person on other end may think the imitation firearm to be a real firearm drawn to kill him and he may instantly react with a deadly force in self defense. You can imagine the results.Or to get out of life threatening situation to you or your loved ones.
marksman wrote: I think it is pretty fair on the part of Greater Mumbai Police to safeguard a particular citizen against certain opportunistic elements from Govt machinery itself (any state) from exploiting him..
Definition of arms under Section 2(1)c of Arms Act 1959 says:"ammunition" means ammunition for any firearm, and includes---
Definition of firearms under Section 2(1)e of Arms Act 1959 says:"arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharp edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;
Blank gun is not an article of defence or offence, hence not even an arm as defined under Section 2(1)c of Arms Act 1959. Also blank gun does not discharge a projectile, hence not a firearm for the meaning of Section 2(1)e of Arms Act 1959. When blank gun is not a firearm, the blanks for its use are not ammunition for the meaning of Section 2(1)b of Arms Act 1959."firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy
In order to understand further one may read Rule 9(4), (5), (6) and Rule 57 under Explosive Rules 2008. I have mentioned them in my first reply to this thread.“fireworks” means low hazard explosive comprising of any composition or device manufactured with a view to produce coloured fire or flame, light effect, sound effect, smoke effect (coloured or natural), or combination of such effects and includes fog-signals, fuses, rockets, shells, percussion caps;
Manufacturing and selling is different from possessing for personal use. Since normally the discusions on this website are related to products possessing for personal use and it also appears that the author of this thread raised questions related for his personal use, I have mentioned in my previous posts Rules 9(4), (5), (6) and Rule 57 under Explosive Rules 2008 for possessing for personal use.But manufacturing and selling fireworks require a licence under Explosives Act.
We are discussing blank guns in this thread not weapons. Blank guns are not weapons or arms or firearms under Arms Act 1959. If you mean to say that the Police Commissioner is doing all this for blank guns, I will say he should be spending time to do some other better work, rather than wasting his time and energy for something which is not even covered under Arms Act 1959.Moreover, Police Commissioner, Mumbai or any other licencing authority does require a Invoice of the weapon before entering the same on licences or issuing any type of certificates for any type of weapon.
I am not getting annoyed at all. I am just explaining the legal position as asked by the author of this thread. If you note the post of the author of this thread, you will find that he has asked the following questions:I don't know why some members of the forum are getting annoyed on lawful enquiries by Police in Mumbai.
I have explained the legal position as asked by the author of this thread, in a crystal clear manner. It is choice of the readers if they prefer to understand the legal position or prefer to stay ignorant.My query is that, does one needs a police certificate to carry a fake firearm and what does the law hav to say about this. one more thing is there a section for fake arms police certificate anywhere to be found in the Arms Act???
The blank guns are not "pistols" or "guns" or "firearms" or "weapons" under the Arms Act 1959. No doubt these blank guns may look and appear like pistols but these are imitation firearms, something like other imitation firearms used by children during Diwali. If the the arms dealer has license to sell the blanks(fireworks as per meaning of Rule 2(24) of Explosives Rules 2008) for the blank guns(not covered by Arms Act 1959 since they are neither arms or firearms), unless the policemen visiting the dealers are corrupt and causing visits with sole purpose of extracting bribes or are honestly ignorant of the Arms Act 1959. I do not see any reason for them to visit arms dealers to inquire about blank guns for the purpose of Arms Act 1959.The enquiries on statrters is not only going in Mumbai alone, Police in some other cities have also been going to dealers places and asking for the sources of this pistols.
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