Procedure for transfer of arms after the owners demise..

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
sat
Almost at nirvana
Almost at nirvana
Posts: 237
Joined: Mon May 29, 2006 9:18 pm
Location: Rajasthan, India

Procedure for transfer of arms after the owners demise..

Post by sat » Wed Jun 28, 2006 8:30 pm

What is the procedure for transfer/sale of arms after the owners demise..

I gather the arms can be deposited with a arms dealer. Any detail about this rule/law would be helpfull.

Sat

For Advertising mail webmaster
piyushpdsingh
On the way to nirvana
On the way to nirvana
Posts: 79
Joined: Wed May 24, 2006 1:23 am
Location: Patna,Bihar,India

Post by piyushpdsingh » Thu Jun 29, 2006 12:19 am

Sat,
You have to deposit arms at shop/local ps and dependant/family member has to apply for a license it will be the same process as a new license but authorities genrally grant lcense in these cases.
Piyush Pal Dhari Singh

User avatar
tutsamewasa
Learning the ropes
Learning the ropes
Posts: 34
Joined: Fri May 26, 2006 5:36 pm
Location: Udaipur Rajasthan (On the wheel)

Post by tutsamewasa » Thu Jun 29, 2006 2:25 pm

Hi,

In my case after my father's death I had deposited the arms at MalKhana at police station that I will not suggest any body who loves their weapon. I was simply crying when I got back weapons from Malkhana as the condition was worst enough to leave me crying. How ever even I had to take a written letter from the Tahsildar to get the arms deposited as police was not accepting it. Well when I had got my license in my hand the District collector asked me where are the weapons I said I had deposited it to Police station, his simple reaction was there was no need to deposit.

Well it depends on officer to officer as well but no body will ask you. So my advise is if one is willing to keep the weapon and had applied the license then let the weapon be resting at your home untill some office ask you to deposite any where. Even in that case NO POLICE STATION PLEASE.

If you want to sell the weapon then you might need to deposit it and get the sell permit which again would require the death certificate, successor certificate and NOC from all memebrs in successor list.

Hope this helps.

Hemendra Singh

monty3006
Almost at nirvana
Almost at nirvana
Posts: 160
Joined: Mon Sep 25, 2006 1:57 am
Location: Mumbai

Post by monty3006 » Mon Sep 25, 2006 10:27 am

A quick note to add there. You have only one year to get the license after which period the licensing authorities can confiscate/forfeit after a notice to the next of kin.

monish
Monish

penpusher

Re: Procedure for transfer of arms after the owners demise..

Post by penpusher » Mon Sep 25, 2006 3:51 pm

his simple reaction was there was no need to deposit.
Ignorant fool
So my advise is if one is willing to keep the weapon and had applied the license then let the weapon be resting at your home untill some office ask you to deposite any where

Or untill you get thrown into jail for being in illegal posession of a firearm
NO POLICE STATION PLEASE
Or if you have to,fill it up with grease and do check up from time to time,especially during monsoons.Try to get the armorer to take special care of your weapon.

To answer the original question:-

Immediately after the death of a licensee, the weapon along with all ammo has to be deposited with a licensed arms dealer or the nearest police station.Usually no permission of the licensing authority is required but it may be so in some states.This is so, incase the license is no longer valid or the weapon has not been deposited at the time of the death of the licensee. Do retain the receipt of the arms and ammo deposited and try to keep the license of the deceased.There after the legal heir applies for a license.Attaching the death certificate of the deceased,will, if any along with the affidavits of other legal heirs,ensures that the process of obtaining the license is smooth.After the license has been issued,the licensee then applies to the licensing authority for releasing the weapon on his license.The licensing authority then sends tha application for the verification of the legal heirs to the Tehsildar.On obtaining the report of the Tehsildar and in case other legal heirs have no objection, then the licensing authority issues an order for the weapon to be released on the license of the applicant.The applicant then gets the weapon along with the ammo from where it had been deposited.There after the licensee gets the weapon and the ammo endorsed on his license from the licensing authority. In case the legal heir wishes to sell the weapon, then he seeks permission to sell the weapon and ammo to a licensee or arms dealer and after the sale gives intimation to the licensing authority about the sale of the weapon.This is after the verification from the Tehsildar and NOC from other legal heirs, if any.

There is no verification required if the Will is a registered one or incase there is a Court order about the legal heirs of the deceased in favour of the applicant.

Take care,
penpusher

girishkumarrao
Fresh on the boat
Fresh on the boat
Posts: 1
Joined: Thu Jun 05, 2014 10:16 pm

Re: Procedure for transfer of arms after the owners demise..

Post by girishkumarrao » Fri Jun 06, 2014 9:19 pm

I have deposited the gun at gun house after death of my father. It has been 10 years but I never received any notice from state govt regarding confiscate/forfeit or anything else.

Kamal_a
Fresh on the boat
Fresh on the boat
Posts: 1
Joined: Thu Oct 14, 2021 2:00 am

Re: Procedure for transfer of arms after the owners demise..

Post by Kamal_a » Thu Oct 14, 2021 2:15 am

I will highly appreciate , any guidance or assistance, My father passed away this year, he had a revolver license which he had submitted but while we were checking the belongings we found that there are some bullets and the original license of the Revolver is still present in the house, Now Please pardon my ignorance , I have no clue what needs to be done next , during the time while submitting the revolver does the bullet also had to submitted or do one needs to submit it individually , if yes then where do I need to submit it

User avatar
Vineet
Veteran
Veteran
Posts: 1030
Joined: Fri Jul 11, 2008 11:09 am
Location: Punjab

Re: Procedure for transfer of arms after the owners demise..

Post by Vineet » Thu Oct 14, 2021 9:46 pm

Kamal_a wrote:
Thu Oct 14, 2021 2:15 am
I will highly appreciate , any guidance or assistance, My father passed away this year, he had a revolver license which he had submitted but while we were checking the belongings we found that there are some bullets and the original license of the Revolver is still present in the house, Now Please pardon my ignorance , I have no clue what needs to be done next , during the time while submitting the revolver does the bullet also had to submitted or do one needs to submit it individually , if yes then where do I need to submit it
You can deposit the ammo at the same place where you deposited the revolver. The gun shop owner or the police, depending on where you deposited the revolver, can add the ammo on the same receipt which they gave you for revolver.
Vineet Armoury
Arms, Ammunition & Accessories.

drifter81
Fresh on the boat
Fresh on the boat
Posts: 1
Joined: Thu Oct 21, 2021 11:49 am

Re: Procedure for transfer of arms after the owners demise..

Post by drifter81 » Thu Oct 21, 2021 12:31 pm

My father also passed away earlier in the year (May 2021). We have located his license now. He had 2 weapons - 1no. SBBL 12 bore and a 7.62 mm pistol procured/bought/issued from the Army at time of retirement from the Air Force. Now when I went to the local district authorities at Lucknow (his last city of residence at the time of demise) I have been told by some clerical staff in the concerned department in the DM office that I'll have to write a letter requesting to deposit the 12 bore gun at an Gun shop/police armoury, post which they will "consider"/"investigate" and then if satisfied give permission accordingly to deposit at the aforementioned places.Subsequently, a fresh arms licence will have to be applied for separately by the legal heir, if so desired, and then the said weapon may be endorsed on it (as & when it comes through) later on request, and then get the said weapon released from storage

As for the Army issued "NSP" weapon, the endorsement on the license says that it is not for "sale/transfer without the permission of the Army HQ". All this is fine.
However, herein lies the problem, while I figure out (after contacting the concerned Army deptt./wing) the way forward (return or transfer to self after applying for license etc.) with the Army issued weapon, the aforementioned DM clerical staff are saying that the same cannot be stored/deposited at the Gun shops/police armoury in the meanwhile and has to be "directly" returned to the Army depot. Now, how is that ?? that can't be the correct ?? can't I directly contact the gun shops and request for safe keeping ? and incase, if i have to keep it at the house for now, isn't it asking for trouble ?

can anybody shed some light ?

(Note : And by the way, The Licence is technically still valid as far as the date is concerned, i.e. expiring on 12 Nov 2021.)

Shivaji.Dasgupta
Shooting true
Shooting true
Posts: 515
Joined: Sat Nov 14, 2015 10:40 am

Re: Procedure for transfer of arms after the owners demise..

Post by Shivaji.Dasgupta » Thu Oct 21, 2021 7:06 pm

Any weapon can be deposited in Local police station. Give a declaration mention all the details like AL No and Weapons SL no make model etc. And why you are depositing this. Then you can deposit the same at Malkhana.
The Babu's are literally craps.
I have the same situation in my family, though no NSP weapon is involved. My uncle was an ex Airforce and was fought in both 1965 and 1971 wars. Uncle died last year due to Covid and he was bachelor.
His Arms license contains two weapons one 30 06 Rifle and one Pistol.
I have deposited them in local gun shop and applied for Arms Licence. Though the issue of new AL is a real pain and don't know I will get it or not but the process of depositing weapons is same all across the country.
Regards

Shivaji

User avatar
Vineet
Veteran
Veteran
Posts: 1030
Joined: Fri Jul 11, 2008 11:09 am
Location: Punjab

Re: Procedure for transfer of arms after the owners demise..

Post by Vineet » Thu Oct 21, 2021 7:51 pm

AFAIK a NSP weapon or a weapon alloted by the Army can not be sold or transferred to anyone. It has to be returned back to the army.
Vineet Armoury
Arms, Ammunition & Accessories.

Post Reply