If done transfer of residency, do I loose my U.S citizenship

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!
goodboy_mentor
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Re: If done transfer of residency, do I loose my U.S citizenship

Post by goodboy_mentor » Thu Mar 10, 2011 2:14 pm

After that some of us apply for dual-citizenship to get OCI (over seas citizen of India) card. Once that received, an NRI becomes citizen of both the nation
I am an Indian citizen according to the citizenship act 1955/56 and holding a foreign passport but with restriction on certain privileges normally applicable to indian citizens.
Gentlemen you are confusing a lifelong visa called OCI as a dual citizenship. "Overseas Citizen of India" is a clever and misleading name given to a lifelong visa by Government of India. GOI or any law under Constitution of India cannot be against the Constitution. I have clearly mentioned in my previous post above that the Article 9 of Constitution of India does not allow dual citizenship. Moreover if you refer question number 29 at http://mha.nic.in/pdfs/oci-faq.pdf it says:
29. Can a person registered as an OCI be granted Indian citizenship?

Yes. As per the provisions of section 5(1) (g) of the Citizenship Act, 1955, a person who is registered as an OCI for 5 years and is residing in India for 1 year out of the above 5 years, is eligible to apply for Indian Citizenship.
Question of "granting" Indian citizenship to OCI does not arise if OCI is already an Indian citizen!
The law secretary ruled that the arms act says that the person has to be a citizen
The law secretary appears to be ignorant about the Arms Act 1959. Nowhere does the Arms Act 1959 says that arms license applicant has to be an Indian citizen, it is so because self defense and RKBA are a human and fundamental rights under Articles 19 and 21 Constitution of India. Arms licenses are issued on basis of residence and not citizenship. You may show the following facts to law secretary to refresh his knowledge related to Arms Act 1959. Arms Rules 1962 is a by law of Arms Act 1959 to implement Arms Act 1959. If you refer the following:
1) As per Arms Rules 1962, Rule 17 Traveller's (temporary) license can be issued
2) As per Arms Rules 1962, Rule 32 arms license can be issued to tourists for bringing of arms and ammunition into India.
3) There has also been a ruling of High Court for issuing arms license to Kenyan citizen. Reference: http://indiansforguns.com/viewtopic.php ... 95#p118448 Therefore giving special privileges to OCI for the purpose of getting arm licenses are also needless and superficial as they are anyways eligible to get arms licenses like Indian citizens.
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Re: If done transfer of residency, do I loose my U.S citizenship

Post by hamiclar01 » Thu Mar 10, 2011 2:49 pm

Roland wrote:
1) I am an OCI card holder. Visit http://www.mha.nic.in for all related queries.
From my point of view it would be wrong to say that I am a total foreigner with a few privileges in India instead I would say that I am an Indian citizen according to the citizenship act 1955/56 and holding a foreign passport but with restriction on certain privileges normally applicable to indian citizens.
Dear Roland,

let me be brutally honest.

The OCI card, as GBM rightly says, is no more than a glorified visa. Despite what you personally like to believe, in the eyes of the law, you are still a foreign national of Indian extraction. If you are seized by self doubts, it helps to remember that only citizens of a nation have the right to vote and carry the country's passport.

My ability to buy a flat or relocate in Dubai or France does not make me an Arab or French
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Re: If done transfer of residency, do I loose my U.S citizenship

Post by Roland » Thu Mar 10, 2011 7:45 pm

Dear friends,
I sincerely appreciate and thank you for clearing my thoughts on point 1) and the second part of point 4).
I will continue to work in the direction of getting a fire arm under TR as a foreigner.

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Re: If done transfer of residency, do I loose my U.S citizenship

Post by dr.jayakumar » Thu Mar 10, 2011 8:56 pm

too complicated for me,as i haven't stepped into a foreign country. :oops:

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Re: If done transfer of residency, do I loose my U.S citizenship

Post by zolam95 » Sat Nov 21, 2020 12:33 pm

Hi,
Getting naturalised and accepted as an US citizen is a dream come true for many immigrants and non-immigrants.If a person of another country becomes a U.S. citizen then, depending upon the laws of the home country, that country may still consider her/him to be a citizen.If you voluntarily apply for citizenship of another country then you lose your US citizenship, rather than gaining dual citizenship.

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Re: If done transfer of residency, do I loose my U.S citizenship

Post by sourabhsangale » Sat Nov 21, 2020 6:58 pm

Fire arm in india can be brought on TR provided you have the weapon there for period of 1 year minimum.
You should have valid license in india to get the firearm here if not your weapon will be deposited at custom and you have to ge the arms license done asap or else the weapon will get into auction.

You cannot sale the weapon till your death .

And is possible only when you are leaving the country forever and returning to india .

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Re: If done transfer of residency, do I loose my U.S citizenship

Post by sourabhsangale » Sat Nov 21, 2020 7:01 pm

goodboy_mentor wrote:
Thu Mar 10, 2011 2:14 pm
After that some of us apply for dual-citizenship to get OCI (over seas citizen of India) card. Once that received, an NRI becomes citizen of both the nation
I am an Indian citizen according to the citizenship act 1955/56 and holding a foreign passport but with restriction on certain privileges normally applicable to indian citizens.
Gentlemen you are confusing a lifelong visa called OCI as a dual citizenship. "Overseas Citizen of India" is a clever and misleading name given to a lifelong visa by Government of India. GOI or any law under Constitution of India cannot be against the Constitution. I have clearly mentioned in my previous post above that the Article 9 of Constitution of India does not allow dual citizenship. Moreover if you refer question number 29 at http://mha.nic.in/pdfs/oci-faq.pdf it says:
29. Can a person registered as an OCI be granted Indian citizenship?

Yes. As per the provisions of section 5(1) (g) of the Citizenship Act, 1955, a person who is registered as an OCI for 5 years and is residing in India for 1 year out of the above 5 years, is eligible to apply for Indian Citizenship.
Question of "granting" Indian citizenship to OCI does not arise if OCI is already an Indian citizen!
The law secretary ruled that the arms act says that the person has to be a citizen
The law secretary appears to be ignorant about the Arms Act 1959. Nowhere does the Arms Act 1959 says that arms license applicant has to be an Indian citizen, it is so because self defense and RKBA are a human and fundamental rights under Articles 19 and 21 Constitution of India. Arms licenses are issued on basis of residence and not citizenship. You may show the following facts to law secretary to refresh his knowledge related to Arms Act 1959. Arms Rules 1962 is a by law of Arms Act 1959 to implement Arms Act 1959. If you refer the following:
1) As per Arms Rules 1962, Rule 17 Traveller's (temporary) license can be issued
2) As per Arms Rules 1962, Rule 32 arms license can be issued to tourists for bringing of arms and ammunition into India.
3) There has also been a ruling of High Court for issuing arms license to Kenyan citizen. Reference: http://indiansforguns.com/viewtopic.php ... 95#p118448 Therefore giving special privileges to OCI for the purpose of getting arm licenses are also needless and superficial as they are anyways eligible to get arms licenses like Indian citizens.
Arms rule -1962 has been scrapped off bro . Now its rule 1959 and 2016 on this you other citizens cannot get arms license .
Only diplomats can bring the gun to india .

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Re: If done transfer of residency, do I loose my U.S citizenship

Post by timmy » Sun Nov 22, 2020 1:31 am

If you voluntarily apply for citizenship of another country then you lose your US citizenship, rather than gaining dual citizenship.
This has been stated several times in this thread, but it IS NOT true.

Please refer to these State Department links:

https://travel.state.gov/content/travel ... elers.html

https://travel.state.gov/content/travel ... ality.html

A dual national in the USA may not be able to obtain a security clearance for certain sensitive jobs.

Many people in the USA are dual nationals of the USA and Israel, which has liberal laws for dual citizenship for certain people.

I have relatives who are dual nationals, one family of the USA and one country, and another family of the USA and a different country.

The issue of whether the USA allows dual nationals is easily determined by a quick google search. Although we all do it, sometimes it's best to check on things before we offer our opinions as facts.
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Re: If done transfer of residency, do I loose my U.S citizenship

Post by miroflex » Sun Nov 22, 2020 11:39 am

The crux of the matter is that any person bringing a weapon on tranfer of residence into India should hold a valid arms licence for that category of weapon under the Arms Act 2019. That is a sine qua non and cannot be evaded.
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Re: If done transfer of residency, do I loose my U.S citizenship

Post by sourabhsangale » Sun Nov 22, 2020 1:14 pm

Yes getting one can take years as police is not interested to hear you had weapon there for how many years. Or else weapon handling charges at custom can cost bomb and weapon can get into auction after a period of time .

So TR and all doesn’t work very easily in india sounds very nice that you will get a dream with you to this country but that is not no use .

Plus old provision of retainer and all has been withdrawn there is no such thing as retainer now it is additional license someone was saying something about retainer in earlier post all arms act 1962 has been superseded by 2016 and 1959 .

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