License Exemption for Defence Personnel

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!
Sandeep AF
Fresh on the boat
Fresh on the boat
Posts: 2
Joined: Tue Jan 16, 2007 9:54 am
Location: Visakhapatnam

License Exemption for Defence Personnel

Post by Sandeep AF » Tue Jan 16, 2007 10:31 am

A military officer is allowed to keep one personal firearm of his/ her own (this is besides their service issue firearm) without the need for a license. These days they do however need to inform their CO about the firearm and have the CO enter the make, serial no etc in his register. They must also get a license once they are discharged from service and rejoin civilian life.
I have observed that the local police stations are not aware of this regulation and they insist on seeing a license, as a result of which officers whilst in service tend to keep their personal firearm stowed away in the unit armoury or apply for a arms license. Can anyone please inform me which is the exact clause/ rule/ regulation number in the Arms Act or any other GOI notification/ letter which lays down this exemption for military officers ?

For Advertising mail webmaster
User avatar
mundaire
We post a lot
We post a lot
Posts: 5404
Joined: Mon May 22, 2006 5:53 pm
Location: New Delhi, India
Contact:

Post by mundaire » Tue Jan 16, 2007 3:00 pm

Logically this exemption should be covered by the Army Act 1950, the Navy Act 1957 and the Air Force Act 1950.

penpusher should be able to shed more light on this...

Cheers!
Abhijeet
Like & share IndiansForGuns Facebook Page
Follow IndiansForGuns on Twitter

FIGHT FOR YOUR RIGHTS - JOIN NAGRI NOW!

www.gunowners.in

"Political tags - such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth - are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire." -- Robert Heinlein

penpusher

Re: License Exemption for Defence Personnel

Post by penpusher » Tue Jan 16, 2007 6:13 pm

Sandeep,

This is covered by the Defence Service Rules and not the Arms Act or Rules.Do not remember the exact Rule,but it says that Commissioned officers are entitled to keep a handgun and those from the rank's a shotgun or rifle without a license during their service.

Buy a copy of the rules and go through it to find the relevant rule and keep the copy to show to anybody who questions you about the posession of a handgun.

The reason why Def. personnel are now being asked to get the gun that they hold,registered with the CO,is because some of them have been 'enterprising' in obtaining one.Though they are allowed to keep a handgun without a license but gun has to be a legal one.I don't think I need to say more.

penpusher

Sandeep AF
Fresh on the boat
Fresh on the boat
Posts: 2
Joined: Tue Jan 16, 2007 9:54 am
Location: Visakhapatnam

Post by Sandeep AF » Fri Jan 19, 2007 8:31 pm

Dear penpusher,

Where can I get to buy the "Defence Service Rules" ? Iam not aware of the same.

Regards

Sandeep

penpusher

Re: License Exemption for Defence Personnel

Post by penpusher » Fri Jan 19, 2007 9:33 pm

Sandeep,

Was quoting from memory.Will check up by 27th and give you the relevant rule.I am busy till then.

penpusher

User avatar
Risala
Shooting true
Shooting true
Posts: 916
Joined: Fri Mar 02, 2007 12:24 am
Location: Khurpatal

Re: License Exemption for Defence Personnel

Post by Risala » Mon Mar 05, 2007 12:23 pm

Sandeep,
Pl refer to Defense Services Regulations-
Para 944 & 945,allow serving officers to keep a personal weapon without a licence.
The local police would not be aware of this,esp if you travel frequently.
Advisable to get a certificate issued by the CO,that includes details of the weapon and the extracts from DSR 944 & 945.
Thanks
Sanjay

User avatar
mundaire
We post a lot
We post a lot
Posts: 5404
Joined: Mon May 22, 2006 5:53 pm
Location: New Delhi, India
Contact:

Re: License Exemption for Defence Personnel

Post by mundaire » Sun Jan 06, 2008 12:34 am

Got some further info on this topic via http://indianairforce.nic.in/RTI/afo11_2000.pdf

10. Sections 3 & 4 of the Arms Act. According to sections 3 and 4 of the Arms Act, 1959, all persons in India are required to have a license issued for acquiring, possessing or carrying any arm or firearm. Penal provisions for contravention of the act have also been made vide section 41 of the arms act. However, it has been enacted that when the central government is of the opinion that it is necessary and expedient in the public interest to do so, it may by notification in the official gazette, exempt any person or class of persons or exclude any de.scription of arms from the operation of all or any of the provisions in this act.

11. For the benefit of the members of armed force, under the above provision, the central government has issued notification No GSR 991 dated 13 July 62. As per entry no 5 in schedule I of the notification, every serving member of the armed forces and every commanding officer of a unit of armed forces or territorial army, are exempted from the operation of section 3&4 of the arms act for such arms and ammunition, as are provided for sporting purposes, provided such persons are in possession of a pass granted and signed by their commanding officer to that effect. Similarly the uniform swords, dirks and khurkies supplied to members of the armed forces for wearing as a part of their uniform are exempted from the operation of section 4 of the arms act.

12. Under Rule 57(3) of the arms rule, the central government has issued a general order GSR 993 dated 13 Jul 62. According to item-I in the table annexed to the ibid order, all junior commissioned officers, warrant officers, petty officers, non-commissioned officers and soldiers of armed forces whether in service or retired, are exempted from payment of fees for the grant or renewal of any license for the sporting gun or rifle together with reasonable quantity of ammunition for the same.

13. Section 45 of the arms act provides that nothing contained in the act shall apply to acquisition, possession or carrying the arms and ammunition by or under the orders of the central government. The government of India vide ministry of home affairs letter No 9/88/49/police (i) dated 04 Jul 1950 has specified that all Indian commissioned officers are authorised for one pistol each, as personal issue so long as they are on active list. They can also keep in addition one privately owned revolver/pistol. The junior commissioned officers are authorised one pistol/revolver/sten gun each as indicated by the establishment of the unit.

14. It would, thus, be seen that considerable relaxation have been; made for members of the armed forces under the arms act mostly due to the nature of their duties in recognition of their meritorious service and special standing in society.

HTH

Cheers!
Abhijeet
Like & share IndiansForGuns Facebook Page
Follow IndiansForGuns on Twitter

FIGHT FOR YOUR RIGHTS - JOIN NAGRI NOW!

www.gunowners.in

"Political tags - such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth - are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire." -- Robert Heinlein

hellfire_m16
One of Us (Nirvana)
One of Us (Nirvana)
Posts: 266
Joined: Tue Nov 27, 2007 5:51 pm
Location: Mysore

Post by hellfire_m16 » Sun Jan 06, 2008 5:56 am

I have a old copy of the order in my file will scan and post asap.
-vinayaka
"Men are like steel, when they lose their temper they lose their worth."
-Chuck Norris

andy_65_in
Shooting true
Shooting true
Posts: 709
Joined: Sun Apr 15, 2007 11:57 am
Location: Dehradun,Uttarkhand

Post by andy_65_in » Sun Jan 06, 2008 11:00 am

Hi sandeep AF what Sanjay says is absolutely correct.However the provision of keeping a unlicenced pistol is only avaialible until you are in service and not therefter.andy

pdn70
On the way to nirvana
On the way to nirvana
Posts: 59
Joined: Sun Apr 06, 2008 9:49 pm
Location: lucknow india

is license required to members of Indian Armed Forces

Post by pdn70 » Thu Apr 17, 2008 5:15 pm

Hi friends,
one of my friend had a long pending query regarding whether license is required to keep personal weapon like IOF pistol/revolver by members of Indian armed forces. As per the arms act they come into exempted categories. can any one guide me.
I think that the invention of the Bullet is the most remarkable event in the history of mankind. It has the power to ensure both Humanity and Inhumanity.

REGARDS, PDN.

penpusher

Re: is license required to members of Indian Armed Forces

Post by penpusher » Sun Apr 20, 2008 7:08 pm

pdn70,

An officer of the armed forces does not require a license to keep a handgun as long as he is in service.A similar query has already been answered earlier.

pdn70
On the way to nirvana
On the way to nirvana
Posts: 59
Joined: Sun Apr 06, 2008 9:49 pm
Location: lucknow india

Re: is license required to members of Indian Armed Forces

Post by pdn70 » Sun Apr 20, 2008 10:22 pm

penpusher";p="42596 wrote:pdn70,

An officer of the armed forces does not require a license to keep a handgun as long as he is in service.A similar query has already been answered earlier.

thanks buddy, that's alright ,but how can one procure an IOF pistol or revolver without a valid arms license? can any body answer?
I think that the invention of the Bullet is the most remarkable event in the history of mankind. It has the power to ensure both Humanity and Inhumanity.

REGARDS, PDN.

pdn70
On the way to nirvana
On the way to nirvana
Posts: 59
Joined: Sun Apr 06, 2008 9:49 pm
Location: lucknow india

Post by pdn70 » Sun Apr 20, 2008 10:36 pm

An officer of the armed forces does not require a license to keep a handgun as long as he is in service.A similar query has already been answered earlier.
[/quote]

please direct me to the link/topic where this aspect has been discussed. thank u.
I think that the invention of the Bullet is the most remarkable event in the history of mankind. It has the power to ensure both Humanity and Inhumanity.

REGARDS, PDN.

User avatar
OverUnderPump
Shooting true
Shooting true
Posts: 695
Joined: Mon May 07, 2007 11:23 pm
Location: Bangalore, Denmark
Contact:

Re: is license required to members of Indian Armed Forces

Post by OverUnderPump » Sun Apr 20, 2008 10:36 pm

pdn70";p="42601 wrote: thanks buddy, that's alright ,but how can one procure an IOF pistol or revolver without a valid arms license? can any body answer?
When you say "how can one" :roll: do you mean civilians or defence personnel ?

regards
8)
OUP
Last edited by OverUnderPump on Tue Apr 22, 2008 12:40 am, edited 1 time in total.
The universe was born with a BIG BANG, no wonder guns run in my blood.

Disclaimer: My post is either a question or a reply to one. I am stating an opinion. If my opinion differs from yours, It's not intended as an insult.

pdn70
On the way to nirvana
On the way to nirvana
Posts: 59
Joined: Sun Apr 06, 2008 9:49 pm
Location: lucknow india

Post by pdn70 » Sun Apr 20, 2008 10:40 pm

hi friend, i mean a defense officer only
I think that the invention of the Bullet is the most remarkable event in the history of mankind. It has the power to ensure both Humanity and Inhumanity.

REGARDS, PDN.

Post Reply