What is a Curio?

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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mundaire
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Re: What is a Curio?

Post by mundaire » Wed Jul 01, 2020 4:39 pm

tarzanboy73 wrote:
Tue Jun 30, 2020 12:24 pm
Ok.. I found it !!! I now have two curios...lol
Keep in mind, if you have them classified as "curios" you cannot carry them, use them or buy and/ or keep ammunition for them. They can only be retained as collectors pieces :)
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Re: What is a Curio?

Post by partheus » Wed Jul 01, 2020 9:15 pm

mundaire wrote:
Wed Jul 01, 2020 4:39 pm
tarzanboy73 wrote:
Tue Jun 30, 2020 12:24 pm
Ok.. I found it !!! I now have two curios...lol
Keep in mind, if you have them classified as "curios" you cannot carry them, use them or buy and/ or keep ammunition for them. They can only be retained as collectors pieces :)
Abhijeet, on the note of classifying the curios, is there a requirement to have them declared to the authorities? If so, then the rule changes do not seem to specify any method of doing so.

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Re: What is a Curio?

Post by Karan13121999 » Thu Jul 02, 2020 8:38 am

tarzanboy73 wrote:
Tue Jun 30, 2020 12:24 pm
Ok.. I found it !!! I now have two curios...lol
Its the new amendment on the arms act of 2016, You can read all the changes here
Central Government hereby makes the following rules further to amend the Arms Rules, 2016, namely:—

1. (1) These rules may be called the Arms (Amendment) Rules, 2020.

Extract from the notification:

“2. In the Arms Rules, 2016, –

(i) in rule 2, in sub-rule (3), for the words and figures “firearms manufactured before 1899”, the words “firearm which has been in existence for not less than one hundred years;” shall be substituted;

(ii) in rule 10, after sub-rule(5), following sub-rules shall be inserted, namely:-

(a) “(6) Small arms falling under the category of curio shall be kept securely and out of reach of other persons by the owner. Such small arms shall not be used, carried or transported without the prescribed licence.”

(b) “(7) No licence is required for Indian citizens for acquisition, possession of small arms falling under the category of curio. However, appropriate licence as prescribed would be required for use or to carry or transport such small arms. Without the endorsement of such firearms in the prescribed licence of the owner, no ammunition shall be sold for their use.”

(iii) in rule 15, in sub-rule (4), for the proviso “Provided further that separate licence books shall be generated in case of each licence in Form II, Form III and Form IV and in case of a licence in Form III, separately for restricted and permissible categories of arms and ammunition specified in Schedule I, with an overall ceiling of three firearms under a single UIN”, the proviso “Provided further that separate licence either in book form or in electronic form shall be generated in case of each licence in Form II, Form III, Form IIIA and Form IV and in case of a licence in Form III, separately for restricted and permissible categories of arms and ammunition specified in Schedule I, with an overall ceiling of two firearms under a single UIN” shall be substituted.

(iv) in rule 18, for the words “overall limit of three firearms”, the words “overall limit of two firearms” shall be substituted;

(v) in rule 25, –

(a) in sub-rule (1)(b) –

(i) in the proviso, for the words “police report.” the words “police report:” shall be substituted;

(ii) after the first proviso, the following proviso shall be inserted, namely:-

“Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded.” ;

(b) in sub-rule (3), under Explanation, for the word “includes”, the words “includes father, mother,” shall be substituted.”
*Please see the detailed notification here: The Arms (Amendment) Rules, 2020

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Re: What is a Curio?

Post by miroflex » Wed Aug 12, 2020 7:35 pm

I have also been reading the Arms Act and Rules, 2020 after they were notified in the Gazette. All the queries regarding curios have been comprehensively dealt with by Abhijeet and he well deserves our thanks.

I agree with him that we should be grateful to the Government of India for perceiving a long felt need and addressing it in a very satisfactory manner. Cherished weapons need not be subjected to deactivation for qualifying as curios and can be retained in their existing condition.
The provisions made by the Government of India regarding curios are in some ways an amalgamation of the UK and USA rules, with the major difference that a rolling rather than a fixed cut-off date has been prescribed.

In the USA, all firearms manufactured before 1st January 1899 are classified as antiques and can, in most states, be bought and sold without restriction.

The position is not so clear cut in the UK although the rules are very detailed. Original muzzle loading long guns (but not handguns) manufactured before the Second World War (but not replicas) are exempt as are breech loading weapons using pin fire and needle fire ammunition. The police have reported crimes committed with antique breech loading weapons are increasing. Debate is going on about misuse of the exemptions extended to antiques.

The entire position, particularly regarding breech loading weapons, is being reviewed. Many of the conjectures and speculative queries raised by members in this thread are also discussed in this British Home Office Guide published in 2016. These as well as many other members will find much food for thought, particularly in Chapter 8.

https://assets.publishing.service.gov.u ... 16_v20.pdf

The British Government had also issued a questionnaire to the public as well as dealers on the subject in 2017. It is not clear what the result has been.

https://assets.publishing.service.gov.u ... _paper.pdf

I am puzzled by various members referring to a 50 year cut-off period for a firearm to qualify as a curio whereas I have found a period of 100 years in all that I have read in and about the Arms (Amendment) Rules 2020. Could someone please clarify what is the prescribed cut-off period in India?

https://www.scconline.com/blog/post/202 ... .%E2%80%9D
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Re: What is a Curio?

Post by tarzanboy73 » Thu Aug 13, 2020 9:40 am

mundaire wrote:
Wed Jul 01, 2020 4:39 pm
tarzanboy73 wrote:
Tue Jun 30, 2020 12:24 pm
Ok.. I found it !!! I now have two curios...lol
Keep in mind, if you have them classified as "curios" you cannot carry them, use them or buy and/ or keep ammunition for them. They can only be retained as collectors pieces :)
Thank Abhijeet... Was just kidding...but I did come across a shotgun which is more than 50 years old...belongs to a friend of mine...The " Sikander" SBBL as I mentioned somewhere. The gun is in pretty bad shape...so was wondering if I can take it to a gun smith for restoration without a license ...as the license expired around 25 years ago. Usually no gunsmith touches an unlicensed weapon. So was wondering if it is now legal to get it restored under the curio provision . The shotgun had not seen the light of day for around 25 years.

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Re: What is a Curio?

Post by partheus » Thu Aug 13, 2020 10:33 pm

miroflex wrote:
Wed Aug 12, 2020 7:35 pm
I am puzzled by various members referring to a 50 year cut-off period for a firearm to qualify as a curio whereas I have found a period of 100 years in all that I have read in and about the Arms (Amendment) Rules 2020. Could someone please clarify what is the prescribed cut-off period in India?

https://www.scconline.com/blog/post/202 ... .%E2%80%9D
The rule you're referring to, i.e. Rule 2 (Definitions) sub-section 3 pertains to the definition of antique firearms. Curios are defined in Rule 2, sub-section 17. So, antique firearms as per the 2020 ammendments are no longer those that were made prior to 1899 and will now be any firearm that is over a 100 years old. The new ammendment doesn't alter the definition of curios though so their cut-off limit remains 50 years.

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Re: What is a Curio?

Post by miroflex » Fri Aug 21, 2020 8:39 am

Thanks for clarifying the different sub-sections of Rule 2 defining antique firearms and curios.

Dealers in UP are not aware of the latest Rules and tell me that weapons have to be deactivated to allow them to be kept as curios.

Deactivated arms were often sold by dealers in Rajasthan earlier. Have they now also started dealing in curios under the new Rules?

I would like to keep a double rifle as a curio.
"To the man who loves art for its own sake, it is frequently in its least important and lowliest manifestations that the keenest pleasure is to be derived." Sherlock Holmes in "The Adventure Of The Copper Beeches" by Sir Arthur Conan Doyle

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Re: What is a Curio?

Post by partheus » Sat Aug 22, 2020 1:26 pm

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Last edited by partheus on Thu Aug 27, 2020 8:35 pm, edited 1 time in total.

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Re: What is a Curio?

Post by partheus » Sat Aug 22, 2020 1:39 pm

miroflex wrote:
Fri Aug 21, 2020 8:39 am
Thanks for clarifying the different sub-sections of Rule 2 defining antique firearms and curios.

Dealers in UP are not aware of the latest Rules and tell me that weapons have to be deactivated to allow them to be kept as curios.

Deactivated arms were often sold by dealers in Rajasthan earlier. Have they now also started dealing in curios under the new Rules?

I would like to keep a double rifle as a curio.
No problem. The fact that dealer's aren't aware of the rule change isn't surprising. It takes several years and several prospects asking the same questions before the knowledge takes hold. Also, the babus and police are usually even far behind. They are still treating 45 cal weapons as restricted firearms in Maharashtra even though it's been permissible for several years now. You can show them the concerned documents for want of turning every possible stone, though -> http://egazette.nic.in/WriteReadData/2020/216103.pdf. Also, consider keeping a copy of the Arms Rule 2016. It lists "curios," "antiques," and "deactivated firearms" as seperate legal entities.

However, there are several points vis-a-vis curios I am unclear on as well. For instance, I cannot find any info on how we are supposed to go about declaring a certain firearm as a curio. If no license is required for them, then do they need to be declared to the authorities at all? If yes, then what's the procedure and where are the forms? If there're no guidelines here, then can curios be possessed, bought and sold like a common commodity now?

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Re: What is a Curio?

Post by james » Wed Aug 26, 2020 11:47 pm

I couldn’t find any clear cut guidelines about competent authority to appeal for getting order for registering under curio category.
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Re: What is a Curio?

Post by mundaire » Fri Sep 11, 2020 3:14 pm

There is currently no SOP or guidelines issued by MHA in this regard. Therefore currently at the discretion of individual licensing authorities and their own interpretation.
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