Arms Rules 2016 - Portions Pertaining to Airguns Explained

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!
Post Reply
User avatar
mundaire
We post a lot
We post a lot
Posts: 5128
Joined: Mon May 22, 2006 5:53 pm
Location: New Delhi, India
Contact:

Arms Rules 2016 - Portions Pertaining to Airguns Explained

Post by mundaire » Sat Apr 20, 2019 5:25 pm

Since there is so much confusion about this, thought I'd take a moment to explain my understanding of the above. Anyone who would be able to give a better explanation, shed fresh / additional light on the nuances, is always welcome to do so :)

First up, since the Hon'able Supreme Court of India has ruled that the notification of Arms Rules 2016 supersedes, previous notifications, anyone hoping for legal protection under Central Government notification No. G.S.R 991 dated 13-7-1962 (see viewtopic.php?f=4&t=2335 ) can no longer hope to do so.

Now let's look at the relevant portions of the Arms Rules 2016:

84.
(1)(b) All air weapons including air rifles and air guns, having muzzle energy more than 20 joules or 15 ft. lbs. and/or bore more than 0.177”or 4.5 mm, shall be subject to markings as specified in rule 58.
This means that all airguns which meet either of the following two conditions need to have markings, same as those for firearms:
a) muzzle energy in excess of 20 Joules and bore more than .177" cal
b) AND also ALL airguns those have bore more than .177" cal, (.i.e. besides others ALL .22" airguns, irrespective of power are covered by this, which makes the previous condition totally irrelevant. This situation seems to have been created by someone adding the "/OR" after the "AND" at the last minute, to essentially outlaw all .22 airguns).
84. (2)......

Provided further that the sale or transfer of air weapons including air rifles and air guns having muzzle energy more than 20 joules or 15 ft. lbs. and/or bore more than 0.177”or 4.5 mm and paintball markers or guns having muzzle energy not exceeding 90 m/s or 300 ft/s (300 fsp), shall be made only through an authorised arms and ammunition dealer to a valid arms licence holder.
This means that all airguns which meet either of the following two conditions can NOW ONLY BE SOLD through an authorised arms and ammunition dealer and only to those people who have a valid arms license:
a) muzzle energy in excess of 20 Joules and bore more than .177" cal
b) AND also ALL airguns those have bore more than .177" cal, (.i.e. besides others ALL .22" airguns, irrespective of power are covered by this, which makes the previous condition totally irrelevant. This situation seems to have been created by someone adding the "/OR" after the "AND" at the last minute, to essentially outlaw all .22 airguns).

(3) Sale or transfer by the authorised arms and ammunition dealer or the air weapon dealer of air weapons including air rifles and air guns having muzzle energy less than 20 joules or 15 ft. lbs. and/or bore less than 0.177”or 4.5 mm shall be made against obtaining of an identification and residence proof from the buyer thereof and against issuance of an invoice containing the said particulars at the time of sale.
Explanation.─ For the purpose of these rules, “air weapon dealer” means a dealer, who buys, sells, transfers or keeps for sale or transfer air weapons having muzzle energy less than 20 joules or 15 ft. lbs. and/or bore less than 0.177”or 4.5 mm and having been granted a licence in Form VIII-A by the licensing authority.
This means that all airguns which meet either of the following two conditions which are SOLD through authorised arms and ammunition dealer or the air weapon dealer of air weapons shall be made against obtaining of an identification and residence proof from the buyer:
a) muzzle energy in LESS THAN 20 Joules AND bore LESS THAN .177" cal
b) AND also ALL airguns those have bore LESS THAN .177" cal, (This makes the previous condition totally irrelevant, a situation which seems to have arisen by someone adding the "/OR" after the "AND" at the last minute)

This essentially means that we will now have to wait for someone to INVENT an airgun with at calibre LESS THAN .177", as no such airgun, air-rifle, air-pistol is currently being manufactured by anyone anywhere in the world! All other airguns apart from this mythical airgun of calibre LESS THAN .177" are now on the radar :roll: This could very well be a drafting mistake (I am hoping it is) or it could be a backdoor towards ensuring that ALL airguns need a license now! :cry:

SCHEDULE I
(See rule 3)
III . Permissible Arms
(f) Air weapons including air rifles and air guns
(i) having muzzle energy exceeding 20 joules or 15 ft. lbs. and/or bore exceeding 0.177”or 4.5 mm

- Ammunition for arms of category III (f) (i)
This is important as once again the following two categories have been put under licensing:
a) muzzle energy in excess of 20 Joules and bore more than .177" cal
b) AND also ALL airguns those have bore more than .177" cal, (.i.e. besides others ALL .22" airguns, irrespective of power are covered by this, which makes the previous condition totally irrelevant. This situation seems to have been created by someone adding the "/OR" after the "AND" at the last minute, to essentially outlaw all .22 airguns).

(ii) having muzzle energy less than 20 joules or 15 ft. lbs. and /or bore less than 0.177”or 4.5
mm
- Ammunition for arms of category III (f) (ii)
This category has been mentioned separately, with a view to keep the above mentioned airguns OUT of the purview of licensing.
a) muzzle energy in LESS THAN 20 Joules AND bore LESS THAN .177" cal
b) AND also ALL airguns those have bore LESS THAN .177" cal, (This makes the previous condition totally irrelevant, a situation which seems to have arisen by someone adding the "/OR" after the "AND" at the last minute)

This essentially means that we will now have to wait for someone to INVENT an airgun with at calibre LESS THAN .177", as no such airgun, air-rifle, air-pistol is currently being manufactured by anyone anywhere in the world! All other airguns apart from this mythical airgun of calibre LESS THAN .177" are now on the radar :roll: This could very well be a drafting mistake (I am hoping it is) or it could be a backdoor towards ensuring that ALL airguns need a license now! :cry:

FORM VII - C
Licence to manufacture, sale, transfer, keeping for sale, transfer air weapons including air rifles and air pistols
CONDITIONS
2. The licensee shall not sell or transfer any air weapons including air rifles and air guns having muzzle energy more than 20 joules or 15 ft-lbs and/or bore more than 0.177” or 4.5 mm to a person, unless the said person produces a licence, or is exempted from the obligation to take out a licence, to acquire, possess or carry such air weapons.
3. The licensee shall not sell or transfer any air weapons including air rifles and air guns having muzzle energy less than 20 joules or 15 ft-lbs and/or bore less than 0.177” or 4.5 mm to a person, without first obtaining an identification proof and residence proof from the said buyer thereof.

Form VIII-A
Licence for air weapon dealers
CONDITIONS
6. The licensee shall not sell or transfer any air weapons including air rifles and air guns having muzzle energy less than 20 joules or 15 ft-lbs and/or bore less than 0.177” or 4.5 mm to a person, without first obtaining an identification proof and residence proof from the said buyer thereof.
As you can see the previous observations, apply to the conditions imposed the the licenses issued for manufacture/ sale of airguns as well.
SCHEDULE IV
(See rule 27)
Table A
Fees payable for licences
PART I
LICENCES ISSUED UNDER SECTION 3 FOR ACQUISTION AND POSSESSION
3. III, IV, V
(f) Air Weapons including air rifles and air guns having muzzle energy exceeding 20 joules or 15 ftlbs. or bore exceeding 0.177”or 4.5 mm
This specifies licensing fees for airguns which meet EITHER of the following TWO conditions:

a) ANY AIRGUN which has power exceeding 20 Joules (irrespective of calibre, so .177 airguns are automatically covered if they have power exceeding 20Joules)
b) ANY AIRGUN which has calibre exceeding .177", so the most popular calibre manufactured and sold in India (.22") now requires an arms license.
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

Post Reply