Arms Licensing just a big Joke

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!
vkjalan
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Arms Licensing just a big Joke

Post by vkjalan » Mon Nov 02, 2009 11:24 pm

Hi,
I am From Mangalore,
This happened to me today and this is the most ridiculous thing in the world i have ever come across.
I had been to the DC of Mangalore for my application due from the past year and a half for the arms license. and this was a personnel hearing today. When i told him that i was there to see him for my arms license he asks me if i have a life threat and then he tells me that only people with life threat should approach him. LOL. I told him that i need the license to protect myself he tells me this " People who have licenses never use the weapons and people who dont have an license use it the most " i really don't know what he meant. Did he mean that i should go for an unlicensed weapon to protect myself. I had to ask him this question if it was necessary for me to wait for an incident to happen for me to get my arm. I also told him abt the robberies happening in and around mangalore. So he has a smart reply "that is common in today's world and he tells me not to worry abt it and if anything like that happens he will look into the matter then !"

I don't understand why does he have an armed man with him all the time then.

Well the apathy of a person is that we all have to be slaves to the government when they are suppose to be ours.
Its all in words.
I really wish i could do something to change the whole dam system.

Guys do u know of any alternative way to get my hands on an arms license which i need badly.


Well he is the continuation to the problem.
The DC does not accept money by any means tried everything. Does not listen to the bureaucrats the home minister called him in recommendation of the file he had a simple reply " i am looking into the file and will process it when all the procedures are done"

I am strong build with 6.1 feet height and good body so there is no chance that he will reject it on the grounds of physical appearance.

My file is personally recommended by the local SP he is the highest post of police in our area.
Also we have been awarded as the best business people of the year by the chief minister of Karnataka.
The DC also had to state this that licenses should not be issued for business purpose. where as in Arms rules of 1962 clearly stated in chapter 13(2) that a license can be issued to a business.

I also told him that we are having petrol pumps and we need to carry cash around so we need protection. Also all this time we had a license in the family in my uncles name.
Just that we are surrendering that license and taking one in my name.

I would be really great full in case someone could suggest me which rifle club i could join and i mean easily and also the club which is registering members because the clubs i have inquired abt just have to say that they are closed for the time being.

Also i would request all the IFG members to find the case where the judge has given a ruling that the application has to be granted or rejected in 3 months time.

also one more thing that the DC Does not get transferred for the next 3 years.
The best part of the issuance comes here. He does not reject the file nor does he approve it. It just remains in the computer as pending files.
Guys please help. This is going to set an example for everyone to do something to get ourselves the deserving licenses and weapons.

Help me fight this out and i will bring this entire episode to the media on the big way. ( I SWEAR ) I am really so so frustrated.
Last edited by vkjalan on Tue Nov 03, 2009 11:00 pm, edited 1 time in total.

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Re: Arms Licensing just a big Joke

Post by captrakshitsharma » Tue Nov 03, 2009 12:35 am

RED TAPE AMEN... I tell u we were better under british and the Rajas.. now fools rule
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Re: Arms Licensing just a big Joke

Post by goodboy_mentor » Tue Nov 03, 2009 1:18 am

Red tape is created with a purpose: Money. This kind of response is highly irresponsible, in all probability it seems, he is asking for money indirectly. Why not take some spy camera with you and record everything. Or take some newspaper/TV channel reporter along with you. And simultaneously file RTI application to get written answer why license has been delayed so long.

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Re: Arms Licensing just a big Joke

Post by Vikram » Tue Nov 03, 2009 3:03 am

Sorry to know of it and I understand how frustrating it can be.I would think getting an explanation through RTI and then take it to court is an appropriate way of dealing with it.Though may sound a bit daunting,it should be less stressful than it sounds.All the best and keep heart.

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Re: Arms Licensing just a big Joke

Post by nagarifle » Tue Nov 03, 2009 7:30 am

getting arms license and the red tape, treat it as a joke and just smile while going through the hurdles and loops least you get discouraged. :D
Nagarifle

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

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Re: Arms Licensing just a big Joke

Post by tingriman » Tue Nov 03, 2009 11:53 am

Vkjalan, you have no option other than to wait untill he gets transfered from your area, till then, no chance.. and ofcourse, keep heart and keep waiting. Unfortunately, this type of attitude is more than expected of our public ser''pents :evil:

cheers,
tingriman

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Re: Arms Licensing just a big Joke

Post by jashwantsinh » Tue Nov 03, 2009 11:54 am

Hi..

I suggest you better check if he has rejected your application for an arm licence. get a copy of that letter
approch State Home ministry, file an appeal. There, probably you might more room and chances for an
argument to support your application.

Take care..

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Re: Arms Licensing just a big Joke

Post by ssmickey.32 » Tue Nov 03, 2009 12:30 pm

Hello vkjalan,

few things are there...
firstly, may be the report of local police station authority is not written favorably... may be u did not 'deal' with him properly... may be...

secondly... may be... DC did not find you physically strong to take care of weapon... (no offence meant here please)... the authorities do look into this very carefully...

Edited-Moderator
As far as I understand, there is something that you have overlooked.... WHAT???

... and dear these are just assumptions & presumptions... hope you get the right contact to get the job done...

best regards...

ssmickey.32
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Re: Arms Licensing just a big Joke

Post by eternalme » Tue Nov 03, 2009 12:41 pm

Hi VKjalan

Do as follows and you will have a license probably -- Assuming you are a sport enthususist
.
Get a member ship of a rifle club
file a fresh application for the purpose of sports and attach your rifle club member ship, mention .22 there.

if some police person comes for verification , treat them well (Edited).

Wait for three months, after that take your application challan number aproach any good lawyer and tell him that according to a clause in Fire arm procedure the government is bound to give you a license within 3 months, if they don't have a reaosn otherwise ,on sports ground.

You lawer writes a letter quoting your application number and the clause mentioned above to the DC.

You get a license if the DC is not against your AND if you don't have any criminal proceedings pending against you.

You can get a nice .22 savage or hornet , both are more than sufficient to defend you and your family, for that matter, a .22 LR is also good.

Regards
ll====lll lll====ll
lll Subs lll

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Re: Arms Licensing just a big Joke

Post by ABABUJAY » Tue Nov 03, 2009 12:56 pm

HI GUYS,
EVEN I VE GOT A FRUSTRATING EXPERIENCE regarding licensing procedures,

last may 22 2009 i applied for my license, after 1 and half months cops from local police stn came to my house for verification, andWITHOUT ANY ISSUES they recommended. Again after 1.5 months I was called by the Ac. HE asked me some questions and without any reason he rejected my application.
With much difficulty i managed to convince the DC and moved the application to commissioners table, i was very confident but again i was called from the commissioner’s office, they gave me a fresh application with a new format
This included a medical fitness column(MENTAL STABILITY, ABNORMALITY IN HANDS, HYPER SENSITIVE)
Now i ve to get a certificate from a doctor and repeat the same procedure from the scratch. local police, AC,DC, Commisioner etc
But they have not stated the ranking of the doctor who is authorized to certify my medical fitness. So no doctor was willing to take risk.
i have to join duty on 10 of this month in Dubai or else my visa will expire, i have already wasted 6 months for sake of license,so all the hard work, time, money, effort, phone calls,etc,etc, are going to b mere waste
This is the fate of gun enthusiasts in India
regards
babu

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Re: Arms Licensing just a big Joke

Post by Anand » Tue Nov 03, 2009 3:47 pm

vkJalan and ABABUJAY,
I dont want to discourage you but the methods that generally assure you of getting
an Arms License are:
1.Genuine Need: Sport, Protection, heirloom etc which can be proved. For example if there is verifiable history of threats to you or your family or if a verifiable attack actually took place or if you are a member of a rifle club or taking part in shooting competitions etc. In case there is family member who is a licensee who may have passed away and you wish to acquire his/her weapons, then consideration is given in such cases.

2.Influence:Political or Bureaucratic Influence or recommendation

3.Edited

4.Courts: If all else fails and you are still denied (for no reason) then going to court is the only option left. This will be a long process. The court will not grant you the license, it will direct the Licensing Authority to issue a license so long as you are not disqualified for any reason. The key thing is that, the Court must come to the conclusion that you have been rejected for no reason, or for a not strong enough reason, or unfairly. You must be able to prove this. This will no doubt involve getting information regarding the Licensing Authorities reasons for rejecting (although if you write to them they should provide you with a written statement as in the Law).

Please do not give up hope. The law is not against you,the bureaucracy however is not in your favour. There is a system for setting things right if treated unfairly, I suggest you use it.
Regards,
Anand

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Re: Arms Licensing just a big Joke

Post by m24 » Tue Nov 03, 2009 4:50 pm

eternalme wrote: Wait for three months, after that take your application challan number aproach any good lawyer and tell him that according to a clause in Fire arm procedure the government is bound to give you a license within 3 months, if they don't have a reaosn otherwise ,on sports ground.
:shock: Is this true??

Regards
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1) All guns are always loaded. Even if they are not, treat them as if they are.
2) Never let the muzzle cover anything you are not willing to destroy.
3) Keep your finger off the trigger till your sights are on the target.
4) Identify your target, and what is behind it.

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Re: Arms Licensing just a big Joke

Post by nagarifle » Tue Nov 03, 2009 5:36 pm

i think that the Arms act section 14(not withstanding any thing in section 13) gives the reason why a refusal can be given on the grounds of:

PB
unsound mind
refuse because of necessary for the security of the public peace/safety.

the 3 moths bit was i believe a judgment in a court case where the judge declared that 3 months is enough time to refuse or grant a license.(have't able to find the link but its there.)

what the arms act says (section 13) that once application is made the police background check has to be done within one month, if noting comes from the police then the DM etc can issue the license.

thats my barrack room layers bit :D
Nagarifle

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

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Re: Arms Licensing just a big Joke

Post by Vikram » Tue Nov 03, 2009 10:20 pm

Friends,

Firstly, this is not a criticism of some of the suggestions given above.They are practical and intended to help a fellow shooter.But, we must remember that corruption,offering or receiving bribes, is illegal and we cannot condone it on IFG. The state of affairs is pathetic.But, I honesty believe that using the provisions available in law is a much better way of dealing with the issue,keeping in view the long terms benefits.When one gets letter of reasons for denial or delay through RTI and approaches a court to get their application approved, that person is strengthening the institutional transparency and procedural integrity.It can be easier than one imagines.

Let me give an example- During the '90s, the then Chief Minister of Andhra pradesh suspended all arms licenses in what was called the "Faction Zone"-the four districts of Cuddapah,kurnool,Chitoor and Anantapuram.The suspension of licenses was not restricted to those with a feuding history but everyone and they were required to deposit their guns with the arms dealers or Police Stations.any simply sold their guns.But, many gun owners went to court and got their guns released. If they could do it, there is no reason why we can not do it.The RTI is a wonderful tool and it is simply a matter of sending a letter through your lawyer.Pay a lawyer than to bribe a bureaucrat.The former is positive and much more beneficial than the latter which is not right,illegal and will only reinforce their corrupt behaviour.

I apologise if I hurt anyone's sentiments.

Best-
Vikram
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Re: Arms Licensing just a big Joke

Post by vkjalan » Tue Nov 03, 2009 11:00 pm

Well he is the continuation to the problem.
Does not listen to the bureaucrats the home minister called him in recommendation of the file he had a simple reply " i am looking into the file and will process it when all the procedures are done"

I am strong build with 6.1 feet height and good body so there is no chance that he will reject it on the grounds of physical appearance.

My file is personally recommended by the local SP he is the highest post of police in our area.
Also we have been awarded as the best business people of the year by the chief minister of Karnataka.
The DC also had to state this that licenses should not be issued for business purpose. where as in Arms rules of 1962 clearly stated in chapter 13(2) that a license can be issued to a business.

I also told him that we are having petrol pumps and we need to carry cash around so we need protection. Also all this time we had a license in the family in my uncles name.
Just that we are surrendering that license and taking one in my name.

I would be really great full in case someone could suggest me which rifle club i could join and i mean easily and also the club which is registering members because the clubs i have inquired abt just have to say that they are closed for the time being.

Also i would request all the IFG members to find the case where the judge has given a ruling that the application has to be granted or rejected in 3 months time.

also one more thing that the DC Does not get transferred for the next 3 years.
The best part of the issuance comes here. He does not reject the file nor does he approve it. It just remains in the computer as pending files.
Guys please help. This is going to set an example for everyone to do something to get ourselves the deserving licenses and weapons.

Help me fight this out and i will bring this entire episode to the media on the big way. ( I SWEAR ) I am really so so frustrated.

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