TRANSFER OF FATHER'S WEAPON

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!
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ASIF007
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TRANSFER OF FATHER'S WEAPON

Post by ASIF007 » Wed Oct 09, 2019 1:05 pm

Hello everyone. Shubha Bijoya and Happy Dussehra to all members. My dad is willing to transfer his .32 Revolver to me. He is 62 years old. My query is

1.) Can I possess a third weapon ( A Handgun) since I have 2 weapons currently ( A Shotgun and a Rifle)?

2.) Is there any age cut-off of parents to transfer their weapons to children ?( I read a post wherein a member said according to Arms Rule 2016, you can acquire the weapon of your parents under 'heirloom' category but the licensee should have attained the age of 70 years.)

3.) Is the process of transfer of Arms in Kolkata similar to the earlier process of New/Additional Weapons?

4.) Can I apply for transfer this year as I have been granted my Second weapon 2 months back?

Will be very happy for all advice and suggestions from fellow members.

Regards
Asif

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sudhirsingh12b
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Re: TRANSFER OF FATHER'S WEAPON

Post by sudhirsingh12b » Wed Oct 09, 2019 8:47 pm

For Query 1: YES ( you r allowed 3 weapons ,any Combination)
Query 2:Depends (If your Dad is having the Revolver since last 25 years Or His age is 70+)
Grant of licences to legal heirs.─ (1) The licensing authority may grant a licence ─
(a) after the death of the licensee, to his legal heir; or
(b) in any other case, on the licensee attaining the age of seventy years or on holding the firearm for twenty-five years, whichever is earlier, to any legal heir nominated by him:
Provided that notwithstanding the provisions contained in rule 12 of these rules, the licensing authority may grant a licence to such legal heir if the eligibility conditions under the Act and these rules are fulfilled by the said legal heir and there are no adverse remarks in the police report.
(2) Where a licensee leaves behind more than one legal heir and the legal heirs decide amongst themselves to retain the arm or arms of the deceased, one of the legal heirs nominated by all other legal heirs may apply for a licence under sub-rule (1) along with the following documents, namely:-
(i) a declaration of no-objection from the remaining legal heirs;
(ii) an indemnity bond executed by the applicant giving full details of the licence and the arm or arms endorsed thereupon; and
(iii) a copy of the death certificate of the deceased licensee.
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(3) Where the legal heirs decide to dispose of the arm or arms endorsed on the licence of the deceased licensee, they may apply to the licensing authority for grant of a limited period permission to sell the arm or arms, within the time allowed by such authority, to any licensed dealer or to any other person entitled to possess an arm under these rules.
Explanation. ─
For the purposes of this rule, ‘legal heir’ includes husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister and grandchildren of the licensee or the deceased licensee.
Query 3:YES
Query 4 : YES
Hope it Helps( I m from UP and the Process is almost Same Here)
Regards,

ASIF007
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Re: TRANSFER OF FATHER'S WEAPON

Post by ASIF007 » Thu Oct 10, 2019 1:36 pm

sudhirsingh12b wrote:
Wed Oct 09, 2019 8:47 pm
For Query 1: YES ( you r allowed 3 weapons ,any Combination)
Query 2:Depends (If your Dad is having the Revolver since last 25 years Or His age is 70+)
Grant of licences to legal heirs.─ (1) The licensing authority may grant a licence ─
(a) after the death of the licensee, to his legal heir; or
(b) in any other case, on the licensee attaining the age of seventy years or on holding the firearm for twenty-five years, whichever is earlier, to any legal heir nominated by him:
Provided that notwithstanding the provisions contained in rule 12 of these rules, the licensing authority may grant a licence to such legal heir if the eligibility conditions under the Act and these rules are fulfilled by the said legal heir and there are no adverse remarks in the police report.
(2) Where a licensee leaves behind more than one legal heir and the legal heirs decide amongst themselves to retain the arm or arms of the deceased, one of the legal heirs nominated by all other legal heirs may apply for a licence under sub-rule (1) along with the following documents, namely:-
(i) a declaration of no-objection from the remaining legal heirs;
(ii) an indemnity bond executed by the applicant giving full details of the licence and the arm or arms endorsed thereupon; and
(iii) a copy of the death certificate of the deceased licensee.
19
(3) Where the legal heirs decide to dispose of the arm or arms endorsed on the licence of the deceased licensee, they may apply to the licensing authority for grant of a limited period permission to sell the arm or arms, within the time allowed by such authority, to any licensed dealer or to any other person entitled to possess an arm under these rules.
Explanation. ─
For the purposes of this rule, ‘legal heir’ includes husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister and grandchildren of the licensee or the deceased licensee.

Thank you Mr. Singh for the suggestions. However after reading an article today it seems that new Amendments are coming eherein getting a 3rd weapon for a common citizen will be very difficult.

Regards
Asif


Query 3:YES
Query 4 : YES
Hope it Helps( I m from UP and the Process is almost Same Here)
Regards,

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