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Problem faced by Individuals in Issuance and renewal of Gun Licence and Other application

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!
vigilante
Posts: 6
Joined: Wed Aug 15, 2018 1:21 pm

Problem faced by Individuals in Issuance and renewal of Gun Licence and Other application

Postby vigilante » Wed Aug 15, 2018 1:52 pm

Dear IFG member,
My purpose of starting this post is that it is high time now fr all gun lovers in the country because of the problems we all face in DM offices all over india . The first problem was half a century old act and rules which the centre govt did change after coming up with a new rules 2016 . The rules were in a positive light and did brought some hope as the time line for all the services were defined . I did a little survey and found not even a single District who was following the rules in a proper and positive light . What does it lead to curroption with work relating to Arms in DM offices . With curroption i dont just mean exchange of mkney to get things done in offices . Govt officials not doing following the rules should also fall in that category . In my next post I will discuss the various rules and act that can help and Individual to get their work done . Its high time we all should unite . Start a online petition so that our right is not denied.



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veeveeaar
Posts: 224
Joined: Sat Aug 28, 2010 3:03 pm
Location: Tamilnadu

Re: Problem faced by Individuals in Issuance and renewal of Gun Licence and Other application

Postby veeveeaar » Wed Aug 15, 2018 8:27 pm

Yes Mr.Vigilantee,
Someone has to bell the cat. THENRAI is not taking any steps to correct this problem,It is highly placed and in a position to correct this malady. i think our forum members must start a crusade to correct this menace. Many DMs and SPs are illiterate in arms licencing. Moreover the new arms rules is also confusing. It needs to be simplified



vigilante
Posts: 6
Joined: Wed Aug 15, 2018 1:21 pm

Re: Problem faced by Individuals in Issuance and renewal of Gun Licence and Other application

Postby vigilante » Thu Aug 16, 2018 11:10 am

Dear IFG Members,
Thanks for reading the post . I request all the member to kindly keep the thread minimum and relevant topics to be posted so that people can understand the Arms Act and Rules .
So we have Arms Act 1959 and Arms Rule 2016 . It should be noted that Arms Act is still the same with few amendments done through GSR notifications which are available in the Act itself . Its the rule that has changed from 1962 to 2016 . Few say that Arms rule 2016 are confusing which I disagree . The rules are very much simplified from the previous one and in a positive light with few things not included. However I have personally seen that MHA is very much welcoming the suggestions and making necessary amendments in the rules if some one writes it to them . Its the administration that is not allowing a normal Law abiding Indian Citizen to issue a Gun Licence that is his right as per the Act and Article 21 of the constitution.Personally MHA has issued the rules in a positive light so that a law abiding citizen is issued licence in a appropriate manner . However the issuance of Licence comes under state government and hence the problem as every state implies its own rule which i feel is not right.
Before getting an brief view of the Act and the rules prevalent to issue of Licence i request all the members to kindly Download the Arms Act 1959 and Arms Rule 2016
1. Arms Act 1959 :- https://mha.gov.in/sites/default/files/ ... 13_0_0.pdf
2. Arms Rule 2016:- https://mha.gov.in/sites/default/files/ ... 13_0_0.pdf

In my next thread i will light up the Arms Rule and the sections relating to application of a licence.
Remember if you apply for a licence and Administration and they dont accept your form ask them to give the same in writing that in that district they are not issuing any licence and if that doesn't work use a registered post with an acknowledgment .



brihadeeshkumarj
Posts: 36
Joined: Tue Aug 09, 2016 10:22 pm

Re: Problem faced by Individuals in Issuance and renewal of Gun Licence and Other application

Postby brihadeeshkumarj » Thu Aug 16, 2018 1:39 pm

@vigilante & @veeveeaar...I totally agree with your thoughts. I had applied for a licence in October 2017. Police & Crime Branch verification were carried out and they promptly put "not recommended" remark and forwarded it to the SP office. When asked the reason for not recommending my application, they said that's the "rule"...God only knows what that golden "rule" is. Today I went to the Collectors Office to ask about the status of my application. The clerk there told that they've not yet received the recommendations from police & revenue departments. He was kind enough to inform me that they had sent 3 reminders to the Taluk Office, in december, march & june. So I went all the way to the taluk office only to find out that the particular clerk had not yet returned from Independence Day celebrations!. I've left a copy of my application and my contact number at the taluk office.
Now waiting with fingers crossed...

Added in 1 minute 12 seconds:
So whatever crusade whoever starts...I'll be more than happy to support it.


Brihadeesh Kumar J

It Is Better To be Hated For What You Are Than To be Loved For What You Are Not

StampMaster
Posts: 296
Joined: Wed Feb 08, 2012 12:36 pm
Location: Hyderabad, Bangalore, Dubai UAE

Re: Problem faced by Individuals in Issuance and renewal of Gun Licence and Other application

Postby StampMaster » Thu Aug 16, 2018 6:03 pm

It came to notice that people who have applied for arms license have received no response for long periods of time. Their application did not reach back the DM/DCP office from the local revenue or police station. And even if they've reached that is only for rejection with reason from that their place of residence is peaceful zone or he/she is politically exposed etc.

And with people who have submitted for renewal have received letter (after 4-6 months) stating he/she resides in peaceful zone and have no threat from individual or group and asking to explain in 7 days why his AL should not be revoked under Section 17 of Arms Act 1959. Any suggesting in the above matter is appreciated.



Well, I think if these applicants of new/renewal live in peaceful zone, so does they MLA, MP, SP/DCP, other politicians etc. Then their arms licenses and security should also be revoked.


”Criminals love gun control; it makes their jobs safer.”

vigilante
Posts: 6
Joined: Wed Aug 15, 2018 1:21 pm

Re: Problem faced by Individuals in Issuance and renewal of Gun Licence and Other application

Postby vigilante » Thu Aug 16, 2018 7:35 pm

Dear IFG members,
Totally agree with all your points . The problem is we don't understand the law . So if we want it to get implemented so we should first understand it . So first go step by step and understand it , then we will be in a position to appeal or fight for the injustice .

Lets talk about the Arms Act.
Was 1959 the first Arms Act . The answer is a no . Before 1959 there was a Arms Act of 1878 during Lord Lytton regime . Now this Arms Act was replaced with the new Arms Act 1959 . Now the previous arms act didn't allow normal Indians to possess firearms in order to stop the uprising. Even our peace loving Gandhi Ji was against the act as I have read in some post , if I am wrong please correct me . So what was the need to change the Act , I mean the the after British Rule we had a self governing government . They could have a simple amendment that like British Officials the licence would be granted to top government officials and may be their relatives on their recommendation, like is the situation now . I don't know the name of the person who drafted the Arms Act 1959 , but he sure has put up points in which he indicated that the Act is meant for a law abiding and a common man of India . The purpose of the act was to stop illegal weapon trade in India and to give power to a citizen to have a power for his self protection . How will be the society like if all the bad ailments in the society have illegal weapon and we on the other have nothing for our defense. I am totally in favor of non-violence but at times a weapon at your home for your self protection do give you a sense of protection.

Chapter II of Arms Act of the Arms Act talks about the various Licence in the Arms Act and Arms Rule linked with it. Just read section 3 for acquisition Licence.
The main points come under Chapter III Section 13 and Section 14 and its link with Arms Rule 2016.

So Sec 13 talks about how to apply for a licence and its quite simple language and east to understand.
How to apply for Arms Licence a step by step process i will explain when i reach Arms Rule topic.

Sec 14 is Most important one as it mentions Refusal of Licence:-
Sec 14(b)(i) tells than when can administration reject a licence like if he is of unsound mind or prohibited by the act.
Sec14(b)(ii) An administration can also reject for public peace or public safety . Now this particular section goes in favor of Administration . However there is something called as a Law of equality . If he rejects you he has to reject everyone . If he issues a licence on recommendation of some officials he is not following the conduct . I know most of us for issuance use recommendation for getting work done , but wouldn't it be better if the law of equality come into force and things happen in a stream line. Personally recommendations for issuance and denying to other I also see a step towards corruption.

Sec 14(2) Most important section , In many place only people having high source of income and property are given licence . Please read this rule carefully " The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or
possess sufficient property" . So if in your district you are being denied a licence that you dont have property or a particular turnover then maybe your Licencing Authority has not read the Act yet . Any administration following such practice can be sent a notice or could be brought to court of Law for explanation.

Sec 14(3) : This is the most important of all the sections . If a Licencing Authority refuses to grant the Licence he should give in writing the reason for the same and that is where it goes in our favor. I will link this section with Arms Rule 2016 and explain how its important .

Previously under Arms Rule 1962 the timeline was not defined . This changed in Arms Rule 2016 to one month for verification and two months for the grant . In the previous scenario Authorities used to keep your files pending for months or year . Now as per the rule they cant do so . Either they reject the licence or approve it . The word pending is no where in the Arms rule or the Act . Its either a yes or a no . If the authorities dont follow time lines then that ask for accountability of the officer in in charge and the applicant will always get an edge over it if he is ready to fight.

In my next post I will talk about Arms Rule 2016 and the various time lines , forms , appeals to help you get your work done in time.

In last I just want to say that all over India there is one Arms Rule and Arms Act . For any amendment in arms rule a Parliamentary Bill has to be passed . States can issue only advisory and advisory can always be challenge is they are against the Act . There cant be a different Arms Act in Up and a different in Karnataka . Everywhere it remains the same . If some gives you a reply in our state this is the rule then that person is at the wrong position and at a wrong time



vigilante
Posts: 6
Joined: Wed Aug 15, 2018 1:21 pm

Re: Problem faced by Individuals in Issuance and renewal of Gun Licence and Other application

Postby vigilante » Sat Sep 15, 2018 2:12 am

Dear IFG members ,
I hope many of you must have read my post . So coming back to the Arms Act Sec 13 gives the right to any citizen of India to apply for a licence and Rule 11 mentions the procedure of how to apply for a gun licence . Sec14 deals with refusal of licence and the procedure to refuse for the authority . Schedules V tell us different time lines for the grant of various licences which us 2 months in case of Arms Licence for individuals . Also in cerrai states people with high profile background and property are given licences which i totally condem . Sec 14 clearly says one cannot be denied a licence if he or she doesnlt possess enough property . Also in one licence a person can possess max 3 weapons . It has been seen that in many states dont allow more than one weapon in one licence which is against the act . For how long we will have to use refrences to get our licence work done .If we dont unite and take some action the procedure are getting tuff day by day . For people who want to apply for a licence semd your application by post of the office denies to accept it . And after the time line is over meet a lawyer and send a notice . I will first upload the new form for application of a new gun licence . And will share orher forms for other miss work in offices.




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