Show Cause Notice Regarding Misuse of Firearms

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Anand
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Show Cause Notice Regarding Misuse of Firearms

Post by Anand » Wed Jan 02, 2019 9:45 pm

Hello all,
My friend was served with a Show Cause notice recently by the Dy.CoP's office regarding his arms license. The accusation was that he had used his self protection firearms for target practice, and that they should not be used for such, without specific permission in that regard.

The contention was that when a firearm granted under license for target practice/competition can not be used for self protection, the corollary has to be true.

My contention in my friend's defense is that, a licensee who was allowed to procure firearms under self protection must keep his shooting skills sharp in case of any emergency, and so needs to practice, and that once the license is granted(even if it is for self protection), there is no separate permission required for its use for target practice.
I have not found any prohibitions to do the above in the Arms Act, 1959, Arms Rules, 1962 or Arms Rules, 2016.

Legal experts please chip in, this will sooner or later affect all of us.
Regards,
Anand

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mundaire
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Re: Show Cause Notice Regarding Misuse of Firearms

Post by mundaire » Wed Jan 02, 2019 10:31 pm

There is no such prohibition, in fact the Arms Rules 2016 make training in the use of firearms mandatory!

Furthermore, I recall a case from some years back, wherein a shooter who had been granted a license for target shooting, used the same in self defence. The gentleman was then promptly charged for misuse of his firearm as the same had been granted for target shooting and not self protection. However, the court ruled in favour of the arms license holder, stating that when someone's life/ personal safety is in threat it is reasonable for that person to use any available means to protect the same.

While I do not recall the case details, even which court it was in, I think it should not be hard to locate the same, as I am certain media reports about it had been posted here at the time.

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Abhijeet
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sumbriavikramaditya
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Re: Show Cause Notice Regarding Misuse of Firearms

Post by sumbriavikramaditya » Wed Jan 02, 2019 11:56 pm

I also keep on practicing my rifle in my private farm. I refrain from firing in someone else's property and any unnecessary discharge. It is good to be practiced then be a target yourself.

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Re: Show Cause Notice Regarding Misuse of Firearms

Post by goodboy_mentor » Thu Jan 03, 2019 1:52 pm

Anand wrote:Hello all,
My friend was served with a Show Cause notice recently by the Dy.CoP's office regarding his arms license. The accusation was that he had used his self protection firearms for target practice, and that they should not be used for such, without specific permission in that regard.

The contention was that when a firearm granted under license for target practice/competition can not be used for self protection, the corollary has to be true.

My contention in my friend's defense is that, a licensee who was allowed to procure firearms under self protection must keep his shooting skills sharp in case of any emergency, and so needs to practice, and that once the license is granted(even if it is for self protection), there is no separate permission required for its use for target practice.
I have not found any prohibitions to do the above in the Arms Act, 1959, Arms Rules, 1962 or Arms Rules, 2016.

Legal experts please chip in, this will sooner or later affect all of us.
Regards,
Anand
Your reasoning is concise and precise. What mundaire has mentioned is also correct. Regular target practice is necessary for effective self protection skills. You or your friend may read my replies in another thread to further buttress your reply. To read those replies you may click here. If you or your friends are unable to understand anything in that thread, then may show it to any experienced lawyer practicing in civil writ matters. He will understand everything.
"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

Anand
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Re: Show Cause Notice Regarding Misuse of Firearms

Post by Anand » Fri Jan 04, 2019 9:59 pm

The concerned officer is not convinced. He asks for specific law or rule that allows an arms license granted for self protection, may be used for target shooting. He says a specific entry in the license book is required to in order to use it for shooting at targets. There are two things:
1. He is not differentiating between target practice for self protection and target practice for sport.
2. He says that once a license is granted for a specific purpose, it can be used for only that purpose and no other, unless an entry has been made in the license to allow it.
Are there any judgements or other laws/rules that can be used to convince him?
Thanks,
Anand

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Re: Show Cause Notice Regarding Misuse of Firearms

Post by goodboy_mentor » Sat Jan 05, 2019 1:44 pm

So long arms license holders keep trying to seek or protect their "license", I am unable to see any solution to this never ending menace. In other words so long the narrative revolves around "license", there is no solution. No amount of judgments about "license" can solve this. You have to intellectually and judicially demolish the "license". You have to raise the narrative to a higher level than just a license. That it is a matter of your rights and not just taxation via licensing nonsense. That there exists a clear wall of separation between you and the State in this matter. This is exactly what I have tried to explain in the link given in my previous post.

Then what is the solution to your predicament? Politely let him put whatever he is saying in writing, give it to you and revoke the license at his pleasure. Approach High Court or Supreme Court.
"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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Re: Show Cause Notice Regarding Misuse of Firearms

Post by xl_target » Tue Jan 08, 2019 12:10 am

Anand wrote:The concerned officer is not convinced. He asks for specific law or rule that allows an arms license granted for self protection, may be used for target shooting. He says a specific entry in the license book is required to in order to use it for shooting at targets. There are two things:
1. He is not differentiating between target practice for self protection and target practice for sport.
2. He says that once a license is granted for a specific purpose, it can be used for only that purpose and no other, unless an entry has been made in the license to allow it.
Are there any judgements or other laws/rules that can be used to convince him?
Thanks,
Anand
Ask him to show you the law (in writing) where it says you cannot use the said firearm for target practice.
“Never give in, never give in, never; never; never; never – in nothing, great or small, large or petty – never give in except to convictions of honor and good sense” — Winston Churchill, Oct 29, 1941

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