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Transfer Of Residense - my experience

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!
kirat
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Re: Transfer Of Residense - my experience

Postby kirat » Fri Apr 20, 2012 1:03 pm

doesnt PIO/OCI Card have the same privilges as compared to indian citizens except right to vote?Is there any official info available for PIO card holders anywhere?



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goodboy_mentor
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Re: Transfer Of Residense - my experience

Postby goodboy_mentor » Fri Apr 20, 2012 1:58 pm

Other than right to vote, there are some more restrictions on PIO/OCI cardholders but these are immaterial for the purpose of arms license.

Please do not needlessly confuse yourself, mix and connect PIO/OCI with arms license. Arms License can be issued to foreign passport holders. Please note the point that here is no legal bar in Arms Act 1959 on foreign citizens acquiring arms license by following the due process of law. You may read the Gujarat High Court judgment related to Ashokkumar Harakchand Shah vs State Of Gujarat on 4 April, 2000.


"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

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avi88
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Re: Transfer Of Residense - my experience

Postby avi88 » Sat Apr 21, 2012 9:03 am

@Goodboy_mentor

If you look into recent MHA guidelines regarding Arms License...there is a big no no for OCI to grant a license on threat perception basis. Its allowed only under inheritence...

In Kirat's case he had firearm license when he was Indian Citizen, I dont think police authorities can revoke his license coz he has become OCI nw...



goodboy_mentor
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Re: Transfer Of Residense - my experience

Postby goodboy_mentor » Sat Apr 21, 2012 11:52 am

If you look into recent MHA guidelines regarding Arms License...there is a big no no for OCI to grant a license on threat perception basis. Its allowed only under inheritence...
These MHA guidelines or "policy" does not carry much legal weight. At the best it is just an executive order. Yes the licensing authority may show this "policy" as an excuse to refuse license and the applicant will be compelled to go to High Court. This policy is also talking of arms licenses to be issued only on basis of "provable threat" etc. There have been number of High Court judgments after this "policy" of MHA, some of them are:
1. viewtopic.php?f=3&t=17120
2. viewtopic.php?f=4&t=15364#p147708
3. viewtopic.php?f=4&t=13504
In Kirat's case he had firearm license when he was Indian Citizen, I dont think police authorities can revoke his license coz he has become OCI nw...
"police authorities" do not have any legal authority to issue or revoke arms license. It is the licensing authority that is appointed under Arms Act 1959 that can issue or revoke license following the procedure laid down in Arms Act 1959/Arms Rules 1962. The usual licensing authorities appointed are IAS officers doing the role of District Magistrate/Deputy Commissioner. In some places like Metro cities of Delhi, Mumbai, Kolkata, Chennai IPS officers who are Deputy Commissioner/Commissioner in Police have been appointed as licensing authorities. It does not mean that "police authorities" have been delegated powers to issue or revoke licenses.

Yes in Kirat's case at the moment it does not appear he has done anything that is violation of Section 17 of of Arms Act 1959 to cause revocation of license.


"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

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avi88
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Re: Transfer Of Residense - my experience

Postby avi88 » Sat Apr 21, 2012 2:48 pm

@Goodboy_mentor,

Yes, meant Licencing Auothrity by "police authority" as you said in metro cities Deputy Commissioner Rank or above IPS Officers nominated as head of Licensing...

Even there are numerous High Corut Judgements still they refuse applications by giving reffrence of MHA policies & actually they are right in their own sence coz they follow & work under MHA not Judiciary.... end of the day applicant has to suffer...



goodboy_mentor
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Re: Transfer Of Residense - my experience

Postby goodboy_mentor » Sat Apr 21, 2012 3:58 pm

Even there are numerous High Corut Judgements still they refuse applications by giving reffrence of MHA policies & actually they are right in their own sence coz they follow & work under MHA not Judiciary....
Because no applicant is filing case against the "policy" of MHA. Every applicant is approaching High Court for his own arms license application only and thus getting an order of limited scope to get only his application issued. Therefore the problem created by MHA "policy" persists.

Only the Delhi Police/Licensing authority works under MHA. Other licensing authorities work under their respective State governments. Regardless for whom they are working, they are there to implement the law(the Arms Act 1959 in this case) and not something against the law. If you read the "policy" its many parts are simply against the provisions, objects and reasons of Arms Act 1959. But since the usual mentality of licensing authorities is always to deny arms license, they find this policy to be a very suitable and mighty excuse to deny arms license.

They appear "right" if seen from their point of excuse to deny, but they are wrong when seen from the point of provisions of Arms Act 1959. If you note, they will almost never put in writing that they are denying because of the "policy" of MHA. Because they are very well aware that "policy" is illegal and against Arms Act 1959.
end of the day applicant has to suffer...
Yes what you saying is absolutely correct and true. Most of the applicants get intimidated by the "policy" and do not apply in the first place. Remaining of those who dare to apply, most applications are not even officially received and instead verbally asked to go away by showing the "policy". Out of these verbally shooed away, very few who persist in officially submitting the application have the time and money to fight it out in High Courts. This is how the illegal game of denial by attrition of applicants under the guise of "policy" started by MHA continues.


"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

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nagarifle
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Re: Transfer Of Residense - my experience

Postby nagarifle » Sat Apr 21, 2012 4:11 pm

if one wants ones right, then fights for them, as no one will give it to one on a silver plate.

join NAGRI


Nagarifle

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

andy_d
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Re: Transfer Of Residense - my experience

Postby andy_d » Sat Jan 26, 2019 8:01 am

Hello NNP,
I am also an NRI residing in Canada. Have 9mm cz pistol and Tikka rifle Planning to take it to India from Canada. Any tips or recommendations how did you approached for acquiring license as NRI. If you do not mind sharing.
How was your experience after did you got license? And What did you do after to pick up your fire
Arms from customs.

Thanks
Anirudh D



Perazzi919
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Joined: Wed Feb 27, 2019 12:34 pm

Re: Transfer Of Residense - my experience

Postby Perazzi919 » Wed Feb 27, 2019 1:19 pm

I’m wondering is that still possible without an export permit??



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russianshooter3
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Re: Transfer Of Residense - my experience

Postby russianshooter3 » Wed Feb 27, 2019 3:05 pm

1 Marry to indian
2 Export all my collection AK AR machine gun
3 Profit

joke! :D



ngrewal
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Re: Transfer Of Residense - my experience

Postby ngrewal » Thu Feb 28, 2019 7:32 am

This is hear say information getting a license in india is chore for a citizen let alone a NRI; in the end such guns might simply be sitting at local police station or customs; Only success stories I know or saw are when folks have connection in India are citizens and guns are left with friends and family in india



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nagarifle
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Re: Transfer Of Residense - my experience

Postby nagarifle » Thu Feb 28, 2019 8:57 am

ngrewal wrote: Only success stories I know or saw are when folks have connection in India are citizens and guns are left with friends and family in india


HI ngrewal long time, hope all is good your side of the pond

as for the above quote i would disagree somewhat as many have no connection with likes of vips etc, have managed to import firearms, i know of least two people who got it without any hassle or delay, the main thing as you pointed out is the Indian arms licence in place before import takes place, the rest is simple pay duty and enjoy.


Nagarifle

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

ngrewal
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Location: US

Re: Transfer Of Residense - my experience

Postby ngrewal » Fri Mar 01, 2019 7:57 am

Hi nags
Thanks just caught with stuff all fine ; again getting lic is a wild card one chap who isnt even a TR but just for transfer of lic / heirloom guns from his father; finaly gave up and transferred them to his relative; again depends on area and state too ; rest is luck

Best



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nagarifle
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Re: Transfer Of Residense - my experience

Postby nagarifle » Fri Mar 01, 2019 9:26 am

once again you hit it one the nail, its darn hard to get a licence without going to court


Nagarifle

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


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