The Right to Keep and Bear Arms is a Fundamental Right

Discussions on the Right to Keep and Bear Arms.
kartikharit
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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by kartikharit » Thu Apr 16, 2020 2:55 pm

Supreme Court can hold Arms Act as unconstitutional if gun owners of India create an influential lobby of interested lawyers in the Supreme Court.

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sourabhsangale
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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by sourabhsangale » Thu Apr 16, 2020 3:40 pm

Nice to know that someone had tried doing that . But I don’t think now that any government will do that ,maybe next to impossible.
As of now even if they relax import restrictions, increase ammo quota , open range for normal people.
Will do more the enough as of now .

kartikharit
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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by kartikharit » Thu Apr 16, 2020 7:42 pm

Was Liberty first victim of COVID-19 Pandemic Panic? Since Emergency, there is a mindset in India that the exercise of constitutionally-protected fundamental rights is "non-essential" and Supreme Court too never dares enough to strengthen our Constitution's Libertarian values, thus, forcing us to depend on the politicians and bureaucrats to do something.

kartikharit
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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by kartikharit » Thu Apr 16, 2020 11:20 pm


sourabhsangale
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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by sourabhsangale » Fri Apr 17, 2020 12:40 pm

Now the only way to make it fundamental right is to fight in supreme court .and just win like fundamental right to freedom and other things such as abrogation of ipc -375 and 370 and other recent judgments.
Which is difficult but not impossible.

kartikharit
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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by kartikharit » Fri May 22, 2020 3:25 pm

I am currently studying law and I aim to become an advocate for gun rights in India. Actually, it is quite easy to declare gun rights as part of fundamental right just like privacy which was recently interpreted by the Supreme Court as a fundamental right under Article 21 of the Constitution of India. But, I think we need a strong lobby of Supreme Court lawyers to make such PIL vital to successfully expand the interpretation of Article 21 of our Constitution in order to ensure gun rights.

sfcabhishek
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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by sfcabhishek » Mon May 25, 2020 12:31 pm

The thing is, that people themselves are not convinced of them having gun. There is this fear that having a gun means you are just going kill someone. Even if supreme court declares it a fundamental right then too it wouldn't go down well with people, the mindset and mentality of people need a change. There are a lot of judgements in favour of gun owners but are ignored and also in general a lot of SC judgements are ignored. One example being the Prakash Singh Case

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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by sourabhsangale » Mon May 25, 2020 1:22 pm

Can you please post a link of prakash singh case ?
What does it actually say ?

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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by sfcabhishek » Tue May 26, 2020 9:56 pm

sourabhsangale wrote:
Mon May 25, 2020 1:22 pm
Can you please post a link of prakash singh case ?
What does it actually say ?
The case does not pertains to arms license. It deals with police reforms. I was just using this case as an example, to state that people's mindset need a change and the government should be willing. The prakash singh case is considered as one of the most ignored judgement, hence was a good example.

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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by sourabhsangale » Tue May 26, 2020 11:45 pm

Seems impossible as of now , it will always be privileged right and should be like that only .

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Re: The Right to Keep and Bear Arms is a Fundamental Right

Post by Timnorris » Wed May 27, 2020 2:20 pm

If today the administration says that no one is allowed to keep a single weapon still there is nothing the common citizen can do. The only thing people can do is not to misuse the licenced weapons so that the govt does not put more ristrictions

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