Can a foreign national apply for an Indian Arms licence?

[msandhu]

Hi ,
I also have a few questions regarding this topic of members who are familiar with gun laws.
I have a relative who is living in US. He has a gun license in India ( with a retainer) and soon going to become citizen of US. He thinks that if he gets the US citizenship, he will have to surrender his license and his gun.

1) Does he needs to inform someone of his change of status in regards to Gun license in India ?

2) Will his changing of citizenship effects his license status in India ?

3) He is going to get OCI after citizenship. Will that help him in retaining his license ?

Regards

MSandhu

[nagarifle]

Hi ,
I also have a few questions regarding this topic of members who are familiar with gun laws.
I have a relative who is living in US. He has a gun license in India ( with a retainer) and soon going to become citizen of US. He thinks that if he gets the US citizenship, he will have to surrender his license and his gun.

1) Does he needs to inform someone of his change of status in regards to Gun license in India ?

2) Will his changing of citizenship effects his license status in India ?

3) He is going to get OCI after citizenship. Will that help him in retaining his license ?

Regards

MSandhu

1/ no as the licence is not based on citizenship but residency.
2/no
3/no as it makes not difference whether your man form mars of from moon, as long as your are a resident of India that what matters.

[msandhu]

Hi Naga,
Thanks for your reply..but it raises one more question for him.. Since he is not physically living most part of year and visiting India like 1-2 months every year, will he still be considered resident of India or not ?
Regards
MSandhu

[limbka11]

Hi All...

You guys have made up an informative site and I appreciate the efforts.
I was wondering if you could guide me on this:
I am currently (right now) an Indian Citizen living in the USA (Green Card Holder) for the past 3 years.
At the same time, I am eligible to get an American Citizenship in July 2010 and could also have an OCI alongwith it.
Infact for the arms license in India I could keep my American Citizenship on hold if its helpful... Please Advice.
I am licensed to carry a gun and own a .45 ACP Glock 30 Pistol. I do have a FOID license for the same in the USA.
I am from Mumbai and I do visit India (Maharashtra & Kerala) every year for a month or two.
Is there any way I could get an arms license in India, to carry it with me during my travel.
Basically, I am looking to have a gun with me in India while I am there... doesn't matter how but want it to be legal.
Can you please explain to me all the possibilities of me having an arms license in India to carry a gun.
I would like to know about the forms and processes, etc and how do I go about it...?
Thanks for your time and appreciate your response.

Regards
Bob

[ngrewal]

Bob

Welcome aboard do post an introduction in welcome section. If you conduct research on this forum there is quite a bit information to your queries, nagarifles has answered the key issue that License in India is based on residency not citizenship. It depends whether your residency is determined to be in Mumbai or elsewhere and thats the place you should apply. Worst come worst retain a lawyer to assist with paper work.

Good luck and do post pictures of your guns

Best

[nagarifle]

Hi Naga,
Thanks for your reply..but it raises one more question for him.. Since he is not physically living most part of year and visiting India like 1-2 months every year, will he still be considered resident of India or not ?
Regards
MSandhu

i think to be a resident you would have to be in India for 2months of the year.

however do not quote me on this.

as i have not come across issue of time span. in most country for tax purpose etc you need to be there for 2 months. so based on this i am saying 2 months. However please do check this out with official agency etc.

on the other hand he might be known as NRI (non resident Indian)

hey we are RKBA gun forum and not a resident consultant agency. for that i would have to charge you a fee

[Anand]

Hello,
In my opinion(and I am not a lawyer) the change in status of the licensee would only be relevant if he is giving up his citizenship. The license cannot be cancelled by the authorities on frivolous basis. So if tested in Court the reason for cancellation must be justifiable. And change in citizenship, taking PR in another country are not good enough to justify cancellation.So it may not matter as long as the local residency & legal requirements are kept satisfied.

You have to understand that the Arms Law itself does not exclude citizens or residents of other countries from being granted a license. Vast discretionary powers lie with the LA so a license may not be granted, not because it is illegal, but because the LA does not want to risk it if there is no precedent.

It also must be remembered that so long as you maintain a residence in India, and a vast majority of NRI's do, one of the main requirements for renewing the license is met.
Anand

[cottage cheese]

Seriously though, is there anyone out there with first (or even second) hand knowledge of a foreigner receiving an arms licence? It ought for the sake of realism, to be someone without government connection and without great personal wealth or public status.

Yes I do.

...but the OCi would like to remain anonymous....and this worked without any heart burn, palm greasing, or other undue expediencies. Just a bit of patience...chasing and pushing the file.

Proof of residence (verifiable)was obviously an important point to hinge upon.

regards,
cc

[nagarifle]

verminator

it sounds like you want someone to confess that they paid to get a licence.

do you not feel what has been said by other is or should be the end of the subject. not every civil servants are crooks. so please do not try to give the impression as if they are.

if you want a licence then go and get one. otherwise this topic is of a moot point.

do check the arms act and you will find the such non Indian, alike are allowed have licences etc.

[goodboy_mentor]

The Right to Life under Article 21 of Indian Constitution is guaranteed to every person.(regardless of any status of citizenship/nationality/etc. etc.)The legal Right for Private Defense is a corollary to the Right to Life. The Arms licenses are mainly issued to for "Self Protection" for the exercise of the Right for Private Defense as allowed by Sections 96 to 106 IPC and "Sport". For understanding what constitutes Right of Private Defense please refer: http://indialawyers.wordpress.com/2010/ ... -citizens/
Getting a firearm license is a legal right, even though Licensing Authorities have "discretionary" powers, as per Arms Act 1959 if they reject an application for license, they have to write the reasons for rejection of application. Because of this, they rarely reject applications(unless they have good legal reasons) instead they usually keep the application pending for almost indefinite period. Hence the filling of application properly and getting the proper acknowledgment of the same is very important. If the application for firearms license is properly filled and supported with required documents and still applicant finds that he has not been issued a firearm license in a reasonable time(3-4 months should be sufficient), he can approach High Court for directions to be issued to the Licensing Authority. I am attaching one sample of such order below.

As far as question of corruption is concerned, the following cannot be ignored:
1)100% of the government servants are not corrupt.
2)Those who are corrupt are also not corrupt 100% of the time. If approached in a way that makes them aware in a subtle manner that the person is aware of his legal rights and is not going to bend to their whims, in many cases they work the way they are supposed to work.(Patience and "never give up" attitude is very important in this kind of approach)

[cottage cheese]

Nagarifle
I have no doubt that a huge number of people in India give 'inducements' 'backhanders' and so on, to get the work done. You sound quite sensitive on the topic. Do you have some regretable experience to share?

verminator, well if you simply refuse to believe that things can actually be done the right way in our blessed country, thats entirely your right and your opinion.

I was pleasantly surprised and so was my OCI friend by how the thing turned out. Certainly it took its time but patience and general friendliness paid off.

You've been here a short while...in time you'll know how I so much dislike the bureaucracy and system...and rant accordingly. Even so once in a while you do come across good, broadminded people. Often, it's these few good men and women who are actually the pillars of governance in many places. The rest are simply self serving money making plaster.

Your's entirely to believe or no.

regards,
cc

[nagarifle]

Nagarifle

I have no doubt that a huge number of people in India give 'inducements' 'backhanders' and so on, to get the work done. You sound quite sensitive on the topic. Do you have some regretable experience to share?

Whether or not the topic is 'moot' is hardly for you to decide, is it?

goodboy_mentor

Your point about presenting a 'savvy' front on applying is a good one. It introduces a healthy, counterbalance of fear to the clerk, perhaps thereby motivating him to actually perform his duty.

I suppose "Sport" is the way to go, unless you happen to live in a hotspot or work as a bodyguard. Difficult to argue we need a gun for self defence whilst living in a village where nobody else has a gun. So would you agree that "Sport" is the best reason to give?

[goodboy_mentor]

I suppose "Sport" is the way to go, unless you happen to live in a hotspot or work as a bodyguard. Difficult to argue we need a gun for self defence whilst living in a village where nobody else has a gun. So would you agree that "Sport" is the best reason to give?

I disagree, if you apply for "Sport" you are opening the door for questions like: Are you a member of any shooting club? If answer is no, then you are giving a very good reason for rejection of the application. If you are a member of any shooting club, then it makes sense to apply for "sport". "Self Protection" is a very valid and legal reason. It is not necessary that you need to live in a "trouble spot" or be under some "threat" to get a firearm license. An act of violent crime is random just like an accident, it can happen anytime, anywhere without any warning.

[goodboy_mentor]

Although as I say, if one lives surrounded by unarmed neighbours, it still leaves the question in the mind of the officers: "So, why does THIS particular person need a gun for Self Defence" when nobody around him does? You must agree, it makes the applicant seem slightly anomolous in context. Being viewed as an oddity surely wouldn't help the cause:)

The applicant may seem slightly anomalous in context to a corrupt policeman who is asked to submit the "Police Report" because he might want to get some illegal "gratification" from the applicant. Please refer the judgment of Mr.justice M. Katju of Hon'ble High Court Allahabad:

judgment of Mr. Justice M.Katju in CMWP No.4723 of 1993 (reported in AIR 1993 ALLAHABAD 291) wherein right to carry non-prohibited firearms is treated to be embedded in right to life, hence a Fundamental Right under article 21 of the Constitution of India; it is further ruled that Licence for non-prohibited arms is to be ordinarily allowed except in case of heinous offence.

Please read details of judgment at: viewtopic.php?f=4&t=3366

Therefore one can apply for arms license for "self defense" or "sport" both are equally valid reasons. When applying for sport, Licensing Authorities usually want to know if the applicant is a member of any government recognized shooting club. If yes, then has he recently joined it with the purpose of just getting a firearm license? Why does he need to have his own firearm for sport, does the shooting club not offer firearms for sport? Therefore whether one applies for "self defense" or "sport" he has to be well prepared with "reasons" and "answers" to the "questions" that may be asked. As compared with arms licenses issued for self defense, the arms licenses issued for "sport" are usually given higher annual quota of ammunition.

[mamamia]

Guys, I don't have a firearm license in India, I learnt that to get a firearm from US to India on TR basis, you need a license. Can I apply for one now? Since I am not physically present in India at present, does that ruin my chance of getting a license.