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!
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sat
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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

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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.
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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

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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.

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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

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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.

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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

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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.
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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.)

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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

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

Post by revolver » Fri Oct 22, 2021 8:39 am

drifter81 wrote:
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.)
NSP weapons can be transferred directly to only another serving member of the armed forces only during the lifetime of the holder. NSP weapons CANNOT be sold! However in the eventuality of the holders demise the weapon has to be returned back to COD Jabalpur. The weapon, unlike civilian issued weapons, cannot be deposited with a gun shop/ Police Armoury or retained at home till such time that the heir applies for a license. All documentation is channeled through Army Hq.

Let me know if you need any assistance with the documentation or clarification.

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

Post by drifter81 » Mon Oct 25, 2021 3:38 pm

thank you all for your response, suggestions & information
revolver wrote:
Fri Oct 22, 2021 8:39 am
drifter81 wrote:
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.)
NSP weapons can be transferred directly to only another serving member of the armed forces only during the lifetime of the holder. NSP weapons CANNOT be sold! However in the eventuality of the holders demise the weapon has to be returned back to COD Jabalpur. The weapon, unlike civilian issued weapons, cannot be deposited with a gun shop/ Police Armoury or retained at home till such time that the heir applies for a license. All documentation is channeled through Army Hq.

Let me know if you need any assistance with the documentation or clarification.
@revolver

(ref. disposal of NSP weapon above)

I have gone through the following instructions from the veterans site:
https://www.indianarmyveterans.gov.in/s ... 5&lid=1287


However, it doesn't provide information about the following 3 things:

1) the scenario - wherein the NOK/heir wishes to simply return the weapon (though something simple on the lines of this maybe attempted : though this is by a weapon holder himself & not NOK/heir)
2) weapon storage TILL a disposal order/instruction comes through from IHQ (Army) - post intimation from own end (Primary concern)
3) authority/permission to carry/transport the weapon for deposit/disposal at COD (different state)

The above may assume more importance owing to :

a) time elapsed since demise (May 2021) and upcoming license validity end (i.e. 12 Nov 2021, which most likely would lapse by the time the disposal order comes &/ disposal takes place)
b) self not being a license holder &/ endorsed retainer

As I see it, I seem to have the following Courses of Action available:

CoA-I)
for NSP weapon, write to IHQ (Army) only, while retaining at the accommodation and wait it out till further instruction w/o taking district authorities in the loop at this stage {taking a chance here but what else can be done (but i guess will still need to inform them later for permission to travel ? & also, post return to the COD, for updating the database ? )}

CoA-II)
submit the application for NSP weapon deposit to the district authorities (along with non-NSP weapon being submitted shortly)
(Ia) INCASE they DO allow temporary deposit for the NSP weapon at Gunshop/armoury - post which, inform IHQ (Army) for further action
(Ib) INCASE they DO NOT permit, it is hoped that atleast they'll give it in writing ; post-which contact with the IHQ (Army) shall be initiated while retaining the weapon at the accommodation till further notice (atleast then the local authorities can't say they weren't informed/asked)

Your thoughts on this.

Thank You


[PS : (1) also, aside from the above, is it likely that the request for deposit of non-NSP weapon (& NSP, incase) may take longer time to process, if the License (though with all India validity), was not originally issued from the current state of residence and the last renewal, though from current state of residence was from another district ?
(2) apologies for the lengthy post, am just trying to find a proper way out]

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

Post by revolver » Tue Oct 26, 2021 9:38 am

drifter81 wrote:
Mon Oct 25, 2021 3:38 pm
thank you all for your response, suggestions & information
revolver wrote:
Fri Oct 22, 2021 8:39 am
drifter81 wrote:
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.)
NSP weapons can be transferred directly to only another serving member of the armed forces only during the lifetime of the holder. NSP weapons CANNOT be sold! However in the eventuality of the holders demise the weapon has to be returned back to COD Jabalpur. The weapon, unlike civilian issued weapons, cannot be deposited with a gun shop/ Police Armoury or retained at home till such time that the heir applies for a license. All documentation is channeled through Army Hq.

Let me know if you need any assistance with the documentation or clarification.
@revolver

(ref. disposal of NSP weapon above)

I have gone through the following instructions from the veterans site:
https://www.indianarmyveterans.gov.in/s ... 5&lid=1287


However, it doesn't provide information about the following 3 things:

1) the scenario - wherein the NOK/heir wishes to simply return the weapon (though something simple on the lines of this maybe attempted : though this is by a weapon holder himself & not NOK/heir)
2) weapon storage TILL a disposal order/instruction comes through from IHQ (Army) - post intimation from own end (Primary concern)
3) authority/permission to carry/transport the weapon for deposit/disposal at COD (different state)

The above may assume more importance owing to :

a) time elapsed since demise (May 2021) and upcoming license validity end (i.e. 12 Nov 2021, which most likely would lapse by the time the disposal order comes &/ disposal takes place)
b) self not being a license holder &/ endorsed retainer

As I see it, I seem to have the following Courses of Action available:

CoA-I)
for NSP weapon, write to IHQ (Army) only, while retaining at the accommodation and wait it out till further instruction w/o taking district authorities in the loop at this stage {taking a chance here but what else can be done (but i guess will still need to inform them later for permission to travel ? & also, post return to the COD, for updating the database ? )}

CoA-II)
submit the application for NSP weapon deposit to the district authorities (along with non-NSP weapon being submitted shortly)
(Ia) INCASE they DO allow temporary deposit for the NSP weapon at Gunshop/armoury - post which, inform IHQ (Army) for further action
(Ib) INCASE they DO NOT permit, it is hoped that atleast they'll give it in writing ; post-which contact with the IHQ (Army) shall be initiated while retaining the weapon at the accommodation till further notice (atleast then the local authorities can't say they weren't informed/asked)

Your thoughts on this.

Thank You


[PS : (1) also, aside from the above, is it likely that the request for deposit of non-NSP weapon (& NSP, incase) may take longer time to process, if the License (though with all India validity), was not originally issued from the current state of residence and the last renewal, though from current state of residence was from another district ?
(2) apologies for the lengthy post, am just trying to find a proper way out]
I think your second of option of informing the district authorities and simultaneously seeking permission from IHQ to deposit the weapon should be a suitable approach. Don’t worry too much about keeping the weapon at home till such time that the disposal directions come. Just call up the IHQ or personally go and meet them and inform them about your situation. They may even ask you to deposit it to an Army Unit near you. This will be faster than seeking a written reply which you must pursue simultaneously. You can even ask the district authorities to issue you with a letter authorising you to carry the weapon to Jabalpur to deposit it similar to something like a TJP. My only recommendation is to keep the district authorities in the loop while following directions by IHQ. They are promt in such cases. Let me know if you have trouble connecting with IHQ.

P.S the the license holds no validity after the holders demise, so don’t worry about the expiry or area of validity if the license.

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