CUSTOMS CIRCULAR No.30 Dt-22nd May/2001.

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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CUSTOMS CIRCULAR No.30 Dt-22nd May/2001.

Post by hock ann » Mon May 05, 2008 3:43 pm

The under signed is directed to refer to the Ministry's letter F.No.497/57/87-Cus.VI,Dated.5.1.88. (copy enclosed) on the above subject, wherein it was clarified that firearms allowed to be imported into India shall not be transferred to any person during the lifetime of the importer for consideration or otherwise.Recently,a request was recieved in the department from a passenger (who had earlier been allowed in 1990 a fire arm import on appropriate duty) to be allowed to dispose off the firearm as he had become old & sick and wanted to spend money recieved from sale of firearm for maintaining his health/ cost of living. On refusal of his request the matter was taken by him to Delhi High Court where the policy of the Govt. on disposal of firearms during the lifetime or later came uo for review. The Govt. was asked by the Hon'able Court to clarify its disposal policy especially after the demise of the person, If the firearm was not permitted to be disposed off during the lifetime of the firearm owner. The Ministry of Home affairs who were consulted has clarified & this was brought to the notice of the Hon'able Court that disposal of firearms after the demise of the person may be allowed in the following manner :-
(i) By transfer to the legal heirs; and
(ii) By sale of arm by the legal heirs to a licence holder or arms dealer.

The Hon'able Court has taken a note of the Govt's. policy clarification and rejected the request for disposal/transfer of firearm to any other person as made by the petitioner.

You are requested to bring the above position to the notice of all concerned. No disposal of Customs cleared firearms be permitted during the lifetime of the owner, But after the demise of the person concerned, the disposal/transfer be permitted as per above mentioned latest clarification of Home ministry.
Sd/-
(Dr.Vinayak Prasad)
Under Secy, to the Govt. of India.
Since i have recd the copy of this order from a friend, I shall post the link to this topic soon.
HK,

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nagarifle
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Post by nagarifle » Mon May 05, 2008 8:32 pm

so if u have a customs cleared firearm and a license. the license is for 3 years. can the cops/DM refuse to reissue? if they do what then?

if one can not sell or give away while alive, then the Authority will have to issue u a license every 3 years till u live for the other side?

any input to the above?
Nagarifle

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

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Post by hock ann » Mon May 05, 2008 9:11 pm

previously I have heard that the Govt. had putup condition on the licence of the importer stating that the owner/licencee cannot sell/gift or transfer the weapon for 3/5 or 10 years. The Govt. on 13-1-1987 & 8-9-1987 by telex message clarified that All the import made upto 31-12-1987. (except those which were already confiscated & disposed of by the customs authorities) subject to the condition that such fire-arms shall not be transferred to any person in india during the LIFE-TIME of the licencees. nagarifle your licence is renewed for 3 years which on expiry you can always get it renew for another term. The other side is like gold/lands/bank balance etc...other properties leave the firearms for the legal heirs.
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Post by nagarifle » Tue May 06, 2008 6:54 am

thanks mate
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Re: CUSTOMS CIRCULAR No.30 Dt-22nd May/2001.

Post by Risala » Tue May 06, 2008 1:17 pm

This applies to people returning on TR (Tranfer of Residence),
does not apply to those who are renowned shots per the definition
of NRAI.

But then in our parts there are diff strokes for diff folks,there
are 2 Berettas NIB for sale (a 682 for 6 L & a DT 10 for 8 L) awaiting
customs clearance at the Delhi airport.

Is that possible,your guess is as good as mine,according to the dealer
the indl importing them is networked enough to see the permission through
for sale of both the guns

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Post by hock ann » Tue May 06, 2008 9:01 pm

Even if a Renowned Shooter of NRAI who has import a fire-arm & ammunition has to get a permission from Ministry of Youth Affairs & Sports / DGFT,New Delhi, before disposing off the arms & ammunition either by sale/transfer/gift... Further if he has import any ammunition he has to deposit the empties of those ammunitions to the NRAI as per Govt. of India's notification No-147/94-Cus Dt-13/7/1994.
HK,

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Post by vishosingh » Tue May 06, 2008 9:22 pm

another crappy verdict
An armed man is a citizen. An unarmed man is a subject.

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Post by hock ann » Tue May 06, 2008 9:57 pm

vishosingh wrote:another crappy verdict
YOU CAN DO MORE WITH A KIND WORD & A GUN THAN WITH JUST A KIND WORD :wink:

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