estousandy wrote:PS: A Humble request to everyone planning on sending a feedback on this to MHA, Please include a Positive mention about Airsoft too in it even if you're not interested in that hobby. Helps a lot. Thank you.
As per my understanding Arms Act does not apply to any air arm that passes the deal wood test as per GSR 991. So taking all these pains to define airsoft guns and the like is needless and pointless.
apoorvsinghal wrote:I believe members especially senior members of the IFG can take the initiative and draft a full fledged reply commenting upon the stance of RKBA and what kind of guidelines a modern society needs. This draft can then be circulated on this forum and various other forums so that people can personally email that draft to the ministry through their email addresses and add weight to the movement. This can be much like the stance AIB (All India Bakchod) took when TRAI invited comments over net neutrality. Due to their initiative, TRAI received over 1 million mails from public.
Cheers!
Very important idea. Hope NAGRI is aware of this issue. Everyone should contribute and put their ideas here. Every idea is important.
SS wrote:Not to mention that all ammunition manufactured needs to have batch number and serial number..on each round!! So it can be traced if misused! Utterly ridiculous.
Request everyone to refer
http://www.gunfacts.info/ It has many legally citable references including these kind of regulations that are utterly useless and drain on tax payers money. MHA is still at the same game it was prevented to do earlier. One may refer this thread and objections sent earlier
http://indiansforguns.com/viewtopic.php ... 3&start=93
So that everyone understands the crap that MHA wants to legitimize as "law", it is important to understand the legal basis and purpose of Arms Act itself. Like RTI Act, Arms Act has been enacted by legislative powers under Article 246(5) for
enabling the fundamental right to RKBA recognized by Articles 14, 19, 21, 25 and 300A. The RKBA under these Articles and as consequence/ reflection of these, the military,
miltia and police common law fundamental rights and powers are clearly reflected in Articles 51A(b)(c),(d) & (i), Punjab Village and Small Towns Patrol Act, 1918 and the Himachal Pradesh Village And Small Towns Patrol Act, 1964, Sections 37 to 39, 43, 46, 47, 52 and 60 in Chapter V Arrest Of Persons of the Criminal Procedure Code and Sections 96 to 106 IPC.
"Licensing Authority" under Arms Act have been created by Parliament under Article 307 (please note the word authority in Article 307) to mainly tax trade, commerce and intercourse related to fundamental right to RKBA by collecting "license fee" from arms license holders, dealers, manufacturers, transporters and the like involved in "commercial" transactions related to RKBA.
Since RKBA is recognized under Articles 14, 19, 21, 25 and 300A, the tax for them under Article 307 by "license fees" has to be bare minimum so that every citizen regardless of financial condition is able to enjoy this right to the fullest. This is also the desire of directive principles of state policy in the Constitution. Otherwise the very purpose of enjoying this right under Articles 14, 19, 21, 25 and 300A will get defeated.
Article 307 is quoted below -
307. Parliament may by law appoint such authority as it considers appropriate for carrying out the purposes of articles 301, 302, 303 and 304, and confer on the authority so appointed such powers and such duties as it thinks necessary.
As per Articles 14, 19, 21, 25, 300A and 261(1), the area validity of license is by default supposed to be "All India" unless the government has some compelling evidence contrary to it on individual case by case basis. Article 261(1) and related details are mentioned in following post
http://indiansforguns.com/viewtopic.php ... 05#p228612
PS :
Militia is a Latin abstract noun, meaning "military service", not an "armed group". To the Romans, "military service" included law enforcement and disaster response. Today
militia might be more meaningfully translated as "defense service", associated with a "defense duty", which attaches to individuals as much as to groups of them, organized or otherwise. When we are alone, we are all
militias of one. In the broadest sense,
militia is the exercise of civic virtue.