import law.any i dea

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!
dr.jayakumar
Veteran
Veteran
Posts: 1906
Joined: Tue Apr 06, 2010 9:55 am
Location: tamilnadu,india

Re: import law.any i dea

Post by dr.jayakumar » Fri Jan 21, 2011 9:38 pm

my dear friends, as you all know i am going against the import law ,i have been going through our previous discussions''importing arms and ammunition into india and some from '' import and ban on import'','' borrowed high power rifles in competition by indian shooters''.i have found lot of valuable arguments,which i'll be using it for this case.And i am at present writing down all these arguments in my affidavit with modifications.i won't be able to mention all your names and your involvement.i hope you all don't mind me, using your ideas and vocabularies for this writ.kindly donot feel let down,used, modified and what so ever i do ,for this cause.in case you do feel, kindly join me or i'll join you.we will do it together.thanks.comments are always welcome.dr.jk

For Advertising mail webmaster
User avatar
ebenezer
One of Us (Nirvana)
One of Us (Nirvana)
Posts: 317
Joined: Wed Jun 14, 2006 1:08 am
Location: Chennai

Re: import law.any i dea

Post by ebenezer » Fri Jan 21, 2011 11:35 pm

Dr Jayakumar,

Names are not important and there is no reason for anyone to feel let down as our goal is the same. It is the objective that matters. All the very best and assuring you of OUR support.

Regards,
Ebenezer

User avatar
nagarifle
Old Timer
Old Timer
Posts: 3403
Joined: Sat Oct 06, 2007 1:43 pm
Location: The Land of the Nagas

Re: import law.any i dea

Post by nagarifle » Sat Jan 22, 2011 11:05 am

http://www.dnaindia.com/india/report_go ... rt_1394106


The Supreme Court has held that a person cannot claim any right to import fire arms from abroad without a proper license issued by the Directorate General of Foreign Trade, as prescribed under the Centre's EXIM (export import) policy.

A bench of justices RV Raveendran and RM Lodha said if the government has framed a policy to restrict the import of arms only to renowned shooters and rifle clubs, then it cannot be challenged as being illegal.

"What is important to be noticed is that in the light of the Exim Policy, the import of firearms is permissible only against an import licence issued by the DGFT to renowned shooters/rifle clubs for their own use on the recommendation of the Department of Youth Affairs and Sports and the appellant has been denied import licence because he is not covered by this category," the bench said in a judgement.

The apex court passed the judgement while dismissing the appeal filed by Anirudh Singh Katoch challenging a verdict of the Delhi High Court to detain three firearms brought by him in his baggage after he returned from the US, where he went for studies and worked briefly.

Katoch had brought along with him three fire arms-- Walther PPKS Pistol, NPB Rifle and a DBBL gun, on the ground that he possessed a valid license under the Arms Act.

However, the Customs authorities confiscated the weapons and his writ petition challenging the confiscation was dismissed by the high court which interpreted the rules to state that a person has no inherent right to import arms unless permitted by the DGFT.

Aggrieved, he appealed in the apex court.

Dismissing the appeal, the apex court said, "The Division Bench has rightly considered the provisions contained in Customs Act, 1962, Baggage Rules, 1959 Act and Rules framedthereunder, 1992 Act and the Exim Policy and did not commit any error in holding that a person is not entitled by virtue of 1959 Act or the Rules framed thereunder to bring into India such licensed firearms, if any provision of law prohibits or restricts the bringing of such articles."
Nagarifle

if you say it can not be done, then you are right, for you, it can not be done.

dr.jayakumar
Veteran
Veteran
Posts: 1906
Joined: Tue Apr 06, 2010 9:55 am
Location: tamilnadu,india

Re: import law.any i dea

Post by dr.jayakumar » Sat Jan 22, 2011 9:03 pm

ho god nother headache..he as a resident abroad can bring one gun,not three.all these laws are a means to harassthe law abiding citizens and prove their superiority.india IS NOT A DEMOCRATIC COUNTRY.may be i'll face the same but won't give in.

swajan
On the way to nirvana
On the way to nirvana
Posts: 67
Joined: Thu Apr 29, 2010 11:47 pm
Location: kolkata

Re: import law.any i dea

Post by swajan » Sat Jul 09, 2011 3:54 am

Dear Dr Jaykumar,
Your posts though pretty old and I am not sure whether you filed a writ by this time, still being in legal profession for a quite some time I thought it be prudent to share my views, who knows you may think of an amendment of your petition !!! :)

First of all in my view a writ under this category shall fall under Mandamus and shall be filed in Original side of the HC or SC. In such cases the law in place need to be questioned, and hence it need to be looked with a broad spectrum as compared to what generally being looked into.
Like way say "you won't be getting a auto rifle / semi because it is prohibited arms" as per law. The person then sit back. That's natural, because people take it for granted.

But when the question comes, whether law is justified under a particular situation, it then needed a critical examination of the situation and the need at that point of time. I mean to clarify here that the govt has to run the country, it has to make Acts, Rules and procedure and we practice those and a combination of that is later termed as Law. Now, if there be any necessity arises out tracked from this normal way of life one necessarily needs an exception, for that one often tend to challenge the validity of a particular guidance called law.
One will admit that exceptions only arise very remotely because during framing of law most of the probable situations and remedy were being considered.

At the same time there are very few among all trapped in such a situations who retaliates and can think out of the box. Those who does only bring changes in life. More so due to change of many parameters of life like globalization of economy, nationalization of industries, partition of countries, States, economic progress etc do affect the existing laws for the time being in force, obviously because the situation on which the laws were being designed changed. The classic example of that is Income tax, Sales Tax, Corporate tax etc.

Now, if one plans to fight back for a right cause definitely he has a bonafidie reason, required only to assemble it in the manner which suits all to understand. Doing so, one need to refer all related and established Acts, Rules, Practices, Circulars etc and to substantiate his position without giving much opportunity to the opponent to either counter or even to divert.

I understand you wish to import license. Apparently I presume for your own consumption and use.
Now, it falls under Restricted category bu DGFT, who are the supreme authority to take care of all import and export of India. As you are aware they often make changes policy according to our need of demand and relationsheep with the country of trade.
If China can supply at a lower price than Indian product and DGFT want to protect the domestic industry it will forthwith increase the duty or even can impose anti dumping duty to curb the import, without any hesitation by depriving the consumer and protecting the producer.

If one closely watch the import policy one will observe that the whole THS code is broken into essential, industrial, and luxuries goods and duty structure is accordingly framed.

Once job is to just bring a logic which will prove an unessential commodity essential and the job is done.

Now how to prove an arms essential ? and an imported arms will only do and not domestic, when though crude, IOF is there ?

Yes!! probably only way to refer to Articles of constitution, and the democratic rights, which confer that no one to be deprived of privileges of life and no one to be paid more due to excise of MRTP. Is it not ? that Govt in one hand can't produce good quality of arms and at the other hand restricting it's free nationals to own it and exercising MRTP ?

Just a thought.....hope no one will mind this long chat. Extremely sorry if I offended one, if happens consider the same to be inadvertantly.

Regards

goodboy_mentor
Old Timer
Old Timer
Posts: 2928
Joined: Sun Dec 07, 2008 12:35 pm

Re: import law.any i dea

Post by goodboy_mentor » Sat Jul 09, 2011 7:29 pm

Yes!! probably only way to refer to Articles of constitution, and the democratic rights, which confer that no one to be deprived of privileges of life and no one to be paid more due to excise of MRTP. Is it not ? that Govt in one hand can't produce good quality of arms and at the other hand restricting it's free nationals to own it and exercising MRTP ?
Yes I agree with your opinion and would like to add the following:

No policy or law can be made to undermine an the act of parliament or objectives sought to be achieved by an act of parliament or the fundamental rights guaranteed by Constitution. The following are my points:

Undermining an act of Parliament i.e. Arms Act 1959:

1) By putting firearms under restricted category of EXIM Policy is against the Section 10, sub-section 1,clause a) of Arms Act 1959. The Section 10, sub-section 1, clause a) clearly indicates that if my arms license allows me to own a particular firearm, I have the right to import a firearm of that particular category without a license for importing it. Detailed discussion about this has been done at http://www.indiansforguns.com/viewtopic ... 79&start=0

2) Undermining the objectives sought to be achieved by the objects of Arms Act 1959:

The objects of Arms Act 1959 get defeated by placing firearms under restricted list of import policy at one hand and on the other hand creating monopoly of IOF. Since IOF has monopoly, it has priced its firearms at prices which are beyond the reach of common man. If import restriction is removed a common man will be able to purchase firearms of much reliable and consistent quality at the fraction of the cost. Following are the objectives of Arms Act 1959 that are getting defeated:

(ii) that weapons for self-defence are available for all citizens under license unless their antecedents or propensities do not entitle them for the privilege; and

(iii) that firearms required for training purposes and ordinary civilian use are made more easily available on permits;

(c) to co-ordinate the rights of the citizen with the necessity of maintaining law and
order and avoiding fifth-column activities in the country;

(d) to recognize the right of the State to requisition the services of every citizen in
national emergencies. The licensees and permit holders for firearms, shikaris, target
shooters and rifle-men in general (in appropriate age groups) will be of great service
to the country in emergencies, if the Government can properly mobilize and utilize
them.

3) Section 5 of the The Foreign Trade (Development and Regulation) Act, 1992 empowers the Central Government to announce the Foreign Trade Policy.

Section 5: The Central Government may, from time to time, formulate and announce, by notification in the Official Gazette, the foreign trade policy and may also, in like manner, amend that policy.

Preamble of Foreign Trade (Development and Regulation) Act, 1992:
An Act to provide for the development and regulation of foreign trade by facilitating imports into, and augmenting exports from, India and for matters connected therewith or incidental thereto.

Placing of firearms under restricted category is in no way serving the objectives of Foreign Trade (Development and Regulation) Act, 1992.

4) The objectives of the Competition Act 2002 are to prevent anti competitive practices, promote and sustain competition, protect the interests of the consumers and ensure freedom of trade.

By placing firearms in restricted list of EXIM Policy the objectives sought to be achieved by the Competition Act 2002 are also getting violated.

For points from 1 to 4 scope of "overriding effect" of the act may also be investigated. It is discussed at http://www.lawyersclubindia.com/article ... e-3720.asp

5) The fundamental rights of citizens especially RKBA get defeated by placing firearms under restricted list of import policy at one hand and on the other hand creating monopoly of IOF. Since IOF has monopoly, it has priced its firearms at prices which are beyond the reach of common man. If import restriction is removed a common man will be able to purchase firearms of much reliable and consistent quality at the fraction of the cost. One can contend that RKBA is a fundamental right on lines of this discussion http://www.lawyersclubindia.com/forum/R ... -36011.asp
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

MKb 42
Fresh on the boat
Fresh on the boat
Posts: 2
Joined: Fri Feb 09, 2024 8:28 pm

Re: import law.any i dea

Post by MKb 42 » Fri Feb 09, 2024 8:38 pm

hey there, any updates? it's been a long time

LouisHowe
Fresh on the boat
Fresh on the boat
Posts: 9
Joined: Thu Feb 15, 2024 6:53 pm

Re: import law.any i dea

Post by LouisHowe » Tue Feb 27, 2024 10:47 pm

Regarding the Arms Act 1959, the section you mentioned does indeed provide rights to license holders to import firearms without additional licensing requirements. Placing firearms under restricted categories in the EXIM Policy could potentially conflict with this provision. The objectives of the Arms Act 1959, such as ensuring the availability of firearms for self-defense and civilian use, may indeed be hindered by restrictive import policies that create monopolies and inflate prices. This could potentially undermine the intended purposes of the act. The Foreign Trade (Development and Regulation) Act, 1992, empowers the government to formulate foreign trade policies that facilitate imports and exports. Placing firearms under restricted categories may not align with the objectives of promoting trade and facilitating imports. The Competition Act 2002 aims to prevent anti-competitive practices and promote fair competition. Placing firearms under restricted categories could potentially limit competition and violate the objectives of this act. The fundamental rights of citizens, especially the Right to Keep and Bear Arms (RKBA), may be affected by restrictive import policies that limit access to firearms. Allowing broader access to firearms through less restrictive import policies could align with principles of individual rights and freedoms.

Post Reply