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"All india licence by Permission"

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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mbsolan
Posts: 25
Joined: Sun Apr 10, 2011 8:08 pm
Location: Himachal Pradesh

"All india licence by Permission"

Postby mbsolan » Fri May 25, 2012 12:24 pm

Large number of licences made by different licencing authorities of J&K valid for District and State level are made in last 2-3 years.
In most cases the licences are issued through agents charging huge sums. Licence holders are also made to buy arms from local arms and ammunition dealers as a compulsion.

The Licences are valid for District or State Level only and carry a RUBBER stamped permission on the licence which says:

ALLOWED TO KEEP AND CARRY TO
HOME STATE, ALL INDIA UNIT TILL
CASE STANDS RECOMMENDED TO HOME
SECY LTR NO.XXXXXXXXXXXXXXXXXXX
DATED.XXXXXXXXXXX

-sd-
Additional District Magistrate
District of XXXXXXXXXXXXXXXXX

The army personnel carry their guns out of J & K believing that their licences are valid for all india. I recently read in newspaper that 6 CRPF men were detained on railway station jammu carrying such licences.they come to know of the Permission Stamp and its wordings when they go to their home state authorities for registration or renewal of such licence.The Licencing authorities in HP do not accept application for registration or renewal of such licence as these licences are not all india valid until Home Secy J&K extends the area of validity to all india.The stamped permission clearly mentions the Pendency of recommendation.

1.The stamped permission does not convey any validity of the permission.
2. The Stamped permission does not convey under which section of The Arms Act it is issued.

if the licence holder belongs to any of the states of central india or south india, how can he carry arms through state (In travel) for which he does not have permission.

The army men do not deposit these weapons in their unit as seen in many cases.
Q1. What is the legal validity of this stamped permission?
Q2. Can the licencing authority issue Keep carry permits?
Q3. What is the validity of such permissions if not mentioned in the permission itself?
Q4. What is the legal area of validity that will be considered in such licences?
Q5. Can the holder use and fire his weapon in home state?
Q6. Can the holder of licence buy ammunition in his home state?
Q7. Can the holder work as a security guard in home state on such permission? Generally banks and security agencies are not familiar of legality of licences and army background of licencee does not arouse any suspicion on the genuineness of licence.
Q8. These licences are issued without police verification from home state only on the recommendation letter of Commanding Officer. Are these licences valid after amendment of section 13(2A) which makes police verification mandatory for issue of all licences? Is police verification required for personnel of army background under section 51 of The Arms Rules 1962?

I seek attention of all seniors in this forum to throw some light on this.



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goodboy_mentor
Posts: 2896
Joined: Sun Dec 07, 2008 12:35 pm

Re: "All india licence by Permission"

Postby goodboy_mentor » Sat May 26, 2012 10:39 am

This messed up state of affairs, further aggravated by the ignorance of applicants and their tendency to go by "easy way" is not something unknown, and has been discussed at number of places on this forum. Before I sit to answer each of your questions in detail, may I know what is exactly what you want to do about this state of affairs?


"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

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mbsolan
Posts: 25
Joined: Sun Apr 10, 2011 8:08 pm
Location: Himachal Pradesh

Re: "All india licence by Permission"

Postby mbsolan » Sat May 26, 2012 8:32 pm

sir goodboy_mentor

I have reported this on this forum for clear advice and interpretation as per law.
your correct explanation of the law will help everyone and me.
This stamp permission is new for many.please explain this stamp permission as per the arms act and arms rules

regards
mbsolan



goodboy_mentor
Posts: 2896
Joined: Sun Dec 07, 2008 12:35 pm

Re: "All india licence by Permission"

Postby goodboy_mentor » Sun May 27, 2012 1:42 pm

Q1. What is the legal validity of this stamped permission?
No legal validity since there is a separate procedure to issue license for journey on Form VII. Please refer Rule 17 of Arms Rules 1962 and row number 5 in Schedule II of Arms Rules 1962.
Q2. Can the licencing authority issue Keep carry permits?
Yes by following the due process in law as applicable.
Q3. What is the validity of such permissions if not mentioned in the permission itself?
It will be mentioned on the traveller's license issued on Form VII.
Q4. What is the legal area of validity that will be considered in such licences?
Please refer Rule 17 of Arms Rules 1962 and row number 5 in Schedule II of Arms Rules 1962.
Q5. Can the holder use and fire his weapon in home state?
He should first get the possession of weapon legalized i.e. either ensure that area validity of the license covers his place or registers with local licensing authority after bringing weapon along with license on Form VII.
Q6. Can the holder of licence buy ammunition in his home state?
Same as above.
Q7. Can the holder work as a security guard in home state on such permission? Generally banks and security agencies are not familiar of legality of licences and army background of licencee does not arouse any suspicion on the genuineness of licence.
Same as above.
Q8. These licences are issued without police verification from home state only on the recommendation letter of Commanding Officer. Are these licences valid after amendment of section 13(2A) which makes police verification mandatory for issue of all licences? Is police verification required for personnel of army background under section 51 of The Arms Rules 1962?
Rule 51 of Arms Rules 1962 is not exempting members of the armed forces from any of the provisions of Section 13 of Arms Act 1959. However if the police does not submit its report within the prescribed time, the licensing authority cannot be required to sit waiting forever for the police report. It is then perfectly legal for licensing authority to go ahead and issue the license.


"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

User avatar
mbsolan
Posts: 25
Joined: Sun Apr 10, 2011 8:08 pm
Location: Himachal Pradesh

Re: "All india licence by Permission"

Postby mbsolan » Sun May 27, 2012 4:42 pm

sir goodboy_mentor
Thankyou for explaining in detail.
I m sure everyone will find it helpful.
Regards
Mbsolan



Giridhara
Posts: 2
Joined: Fri Mar 30, 2018 6:55 pm

Re: "All india licence by Permission"

Postby Giridhara » Fri Mar 30, 2018 7:19 pm

hi
i have a all India permission license but now am settled in a different state, as of validity is only till 23 dec 18,, please guide can i get it renewed here in a different state, and is there a need to disclose to the police here as i am carrying the weapon,
thanks



andy_65_in
Posts: 633
Joined: Sun Apr 15, 2007 11:57 am
Location: Kanpur,UP

Re: "All india licence by Permission"

Postby andy_65_in » Sat Mar 31, 2018 9:11 am

Giridhara wrote:hi
i have a all India permission license but now am settled in a different state, as of validity is only till 23 dec 18,, please guide can i get it renewed here in a different state, and is there a need to disclose to the police here as i am carrying the weapon,
thanks

A All India licence can be renewed anywhere in the country.ive been doing that since 1996 .



Giridhara
Posts: 2
Joined: Fri Mar 30, 2018 6:55 pm

Re: "All india licence by Permission"

Postby Giridhara » Tue Aug 07, 2018 4:04 pm

hi please guide me

my all india license with permanent address of bangalore but present address of delhi as i got the license in delhi ,is going to be expired in 2018 dec but as of nw am in bangalore can it be renewed here in bangalore ? the dealer is asking me to re register,,, and i have uin number ,,
thanks
giridhara



ranvir.shokar
Posts: 3
Joined: Sun Sep 09, 2018 2:08 pm

Re: "All india licence by Permission"

Postby ranvir.shokar » Sun Sep 09, 2018 3:33 pm

Hi. All India Licence can be renewed from any state that you reside currently. My father has been doing it since 1972.




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