Conditions on taking licensed arms on a journey

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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hock ann
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Conditions on taking licensed arms on a journey

Post by hock ann » Fri May 09, 2008 8:52 pm

Hello everyone,
WHEN TAKING LICENCED ARMS ON A JOURNEY ---CONDITIONS & RESTRICTIONS TO BE FOLLOWED--------
On 26th March,1990, the Govt of India issued a Gazette notification & imposed certain other conditions/restrictions on carrying the licensed weapons to any place outside the State where the licensee normally resides, Vide condition 4-A & condition 3-A of licence Form-III or III-A, respectively. since this new condition may not have been added by the licensing authority to some such licences already granted in the past, it is re-produced below for information & appropriate action by the concerned licence-holders :-
"4-A. A licensee having an arms licence valid throughout India who carries the licensed weapons to any place outside the state where he normally resides shall, within 48 hours of his arrival at such place, intimate in writing to the officer-in-charge of the police station or the Superintendent of police having jurisdiction over that place, the fact of his arrival at that place & particulars of any such weapon."
Similar condition (numbered 3-A) has been incorporated in licence Form III-A. Conditions attached to the licences are statutory conditions, violation of which is a penal offence which may attract a penalty of imprisonment upto 6 months or fine upto rupees two thousand or both (S.30), besides suspension or revocation of the licence (S.17(3)(d) read with S.30 of the Act). As such,the persons concerned are advised in their own interest,to abide by the above mentioned condition strictly,even if such condition does not find place in their licence as yet.
HK,

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diskaon
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Post by diskaon » Sat May 10, 2008 1:06 pm

Hey hock,

In case a person has a license for a state and has a farm house across the border, the general practice is to take a temp permit to visit to farm house.. right. is it necessary to intimate the local police station there, or the permit itself acts as a written intimation.

dishkaon..
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Post by hock ann » Sat May 10, 2008 3:17 pm

Hi Diskaon, If Mr A from Assam carries a handgun against his valid All India licence to Delhi & during his tour for any cause he fires & kills a person at Delhi & manages to escape police & comes back to his place safely will the Delhi police be able to catch Mr.A if there is not a single clue/witness or his photograph..etc...? this should be the Govt's first motive so that after any incidents if a licensed arms is involved the police can act accordingly. Next if Mr.B from Bangalore carries a weapon to Kolkata & stays in a hotel where after 2 days the weapon is lost or stolen will he be able to lodge a complain regarding the incident to the police who will be asking him did you follow the above rules & you never intimated us ragarding the bringing of an arms to our jurisdiction. ?This should be the object for the above notification. dated26th,march/1990
As per your query it would be better to inform the police once regarding your frequent travel to the farm house with arms.
HK.

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Post by amk » Mon May 12, 2008 1:36 pm

The permit does not act as an intimation; you have to go to the police station with your firearm, get it inspected and registered. But you have 48 hrs to do it.

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diskaon
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Post by diskaon » Tue May 13, 2008 2:11 pm

Once again. If i regularly visit my farm house outside my license jurisdiction... every time i plan to visit I need to take an approval/permit..

in case I have an all India license then every time I visit I need to intimate the police of the location I am visiting. Can a statement be given to the police saying that I frequently visit your jurisdiction?

lastly, If I have a all Karnataka license and I am traveling from say Bangalore (home area) to Mangalore. then do I need to inform authorities at Mangalore?
klick klack..... diskaon

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Post by amk » Tue May 13, 2008 4:04 pm

diskaon";p="43742 wrote: Once again. If i regularly visit my farm house outside my license jurisdiction... every time i plan to visit I need to take an approval/permit..
Yes, so I have heard and according to the law posted above. You also need to inform the police station.
diskaon";p="43742 wrote: in case I have an all India license then every time I visit I need to intimate the police of the location I am visiting. Can a statement be given to the police saying that I frequently visit your jurisdiction?
Yes you need to intimate. I don't think there's any such provision in law where you have informed the local cops in perpetuity. There may be other legal avenues though.
diskaon";p="43742 wrote: lastly, If I have a all Karnataka license and I am traveling from say Bangalore (home area) to Mangalore. then do I need to inform authorities at Mangalore?
Yes if you stay for more than 48 hrs in Mangalore.

hock ann
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Post by hock ann » Tue May 13, 2008 4:41 pm

diskaon";p="43742 wrote:Once again. If i regularly visit my farm house outside my license jurisdiction... every time i plan to visit I need to take an approval/permit..

in case I have an all India license then every time I visit I need to intimate the police of the location I am visiting. Can a statement be given to the police saying that I frequently visit your jurisdiction?

lastly, If I have a all Karnataka license and I am traveling from say Bangalore (home area) to Mangalore. then do I need to inform authorities at Mangalore?
1st/If your arms licence does not include the area jurisdiction you have to get a journey licence in form VII. Which is made valid for maximum 6 months but it can be renewed later on expiry.

2nd/Yes, you can inform them in writing regarding you frequent visit to the place also enclose the copy of the journey licence/permit that you carry if the OC accepts you should not have any problems later on.

3rd/ yes, the act says so. If you are staying in that place more than 48 hours.
Since we have come to know about the rule it is better to inform the authorities concerned than to get into trouble later on.
HK,

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Post by mundaire » Sat May 17, 2008 4:53 pm

It's an ill thought out rule (as are much of the gun laws here) - if Mr. A is indeed planning to commit a crime and that too using his licensed gun, I doubt if he would go through the trouble of informing the local police of the fact that he has brought in his gun from out of state/ another jurisdiction. On the other hand if someone has no ulterior motives at all, he/ she is put through the additional hassle of having to go down to the police station and provide info/ get the gun inspected etc. - basically waste an entire day in a pointless exercise.

In the case of Mr. B loosing his gun - whether or not he has informed the local police on arrival does little to help him locate his lost/ stolen firearm. On the other hand if he has not informed them, they get one more reason to hassle him in stead of spending their time/ resources on locating the lost/ stolen gun.

All this while the real criminals continue to cock a snook at the law by using untraceable illegal firearms that cost them a fraction of what we law abiding folk are forced to shell out... :evil:
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