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Re: New Arms Rules 2016 notified by Government of India!

Posted: Mon Aug 01, 2016 12:30 pm
by SMJ
Are you dreaming SMJ ?
Indian Govt compensating.
[emoji38] doesn't hurt to be optimistic, anyway jokes aside it's what they should do.

MODS apologies my bad for wrong info reg the UK hand guns and thanks for the edit

BTW Precihole has delisted Orion and Scorpius from their website now

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 1:03 pm
by nitroex700
I tried surfing through the various rules but I could only find the rules making licensing mandatory for manufacturers instead of end users. Also, retrospective implementation of the law may or may not be valid as we have seen in several cases in India. Request people associated with legal field shed some light on this too.

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 1:30 pm
by mundaire
Nitroex700,

See Schedule I which classifies various arms and Schedule II which details the competent Licensing Authority for each category of Arms.

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 1:48 pm
by nitroex700
mundaire wrote:Nitroex700,

See Schedule I which classifies various arms and Schedule II which details the competent Licensing Authority for each category of Arms.
Read it. This is UGLY indeed. Is it going to be retrospective too? :cry:

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 2:30 pm
by mundaire
By retrospective, you mean, what happens to those who currently own .22 airguns and/ or .177 airguns which are over the new 15 ft/lbs limit?

Their possession would now be illegal, unless the owner has a proper license with said airgun(s) endorsed on it.

Penalties would be to the tune of 7 years in jail and a hefty fine, the same as for possessing any other illegal firearm.

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 2:52 pm
by nitroex700
mundaire wrote:By retrospective, you mean, what happens to those who currently own .22 airguns and/ or .177 airguns which are over the new 15 ft/lbs limit?

Their possession would now be illegal, unless the owner has a proper license with said airgun(s) endorsed on it.

Penalties would be to the tune of 7 years in jail and a hefty fine, the same as for possessing any other illegal firearm.
So they're going to arrest 10-yr old kids for shooting airguns now.. Just because (Manka)"Aunty Police Bula Legi"..?

Am still not sure where it says the law would be retrospective.. As per Indian Constitution, Fundamental Rights' Article 20(1), ex-post-facto legislation is illegal. That much I know.. That's how that chap Afroz escaped with mere 3 year sentence in Nirbhaya Rape case. Vodafone also managed to wiggle out of Finance ministry's clutches on the same grounds. What makes this different?

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 4:22 pm
by dinar
very disappointing. I am shocked to hear this news. .22 is banned. in politicians ke pass yahi ek kaam bacha tha. :x

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 4:22 pm
by mundaire
You are getting a little confused here. There is no "crime" in the Arms Act (or any other firearm law anywhere in the world) which is Malum in se (i.e. wrong or evil in itself). These crimes are in fact Malum prohibitum i.e. unlawful act only by virtue of statute/ legislation.

As such, any object can be prohibited by legislation and once that is done, even mere possession of said object can be made a crime, inviting prosecution. There is no crime being committed against anybody, you just happen to be on the wrong side of the law - also commonly called victimless crime, which isn't actually accurate, as the one being prosecuted can be rightly called a victim in many such cases.

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 6:03 pm
by SMJ
By retrospective, you mean, what happens to those who currently own .22 airguns and/ or .177 airguns which are over the new 15 ft/lbs limit?

Their possession would now be illegal, unless the owner has a proper license with said airgun(s) endorsed on it.

Penalties would be to the tune of 7 years in jail and a hefty fine, the same as for possessing any other illegal firearm.
Hi Abhijeet, if the law is still to be approved by both houses of parliament then effectively its still not applicable, correct? I suppose as you said it may be just a mere formality but even so until the formality is complete can it still be termed as unlawful possession? Am I right in my understanding or now that its notified in the gazette it has actually become the law?

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 6:11 pm
by mundaire
These are Rules under the Arms Act and not a modification of the Act itself. The government has power to make rules and their notification in gazette means it is the law, unless it is amended/ not approved by parliament, in which case it will be applied in the amended form/ cease to apply (as the case may be).

However, the Arms Rules cannot override any provisions/ definitions contained within the Arms Act itself. In all such cases of conflict between the two, the provisions of the Arms Act will take precedence, though this may require seeking clarification from the courts.

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 6:28 pm
by SMJ
:roll: blimey! That's crystal clear, thanks for clarifying!

Re: New Arms Rules 2016 notified by Government of India!

Posted: Tue Aug 02, 2016 7:13 pm
by andy_65_in
This law is yet to be ratified,then why fear.Lets see what happens.Shouldnt a requirement of a licence for airguns arise with effect from the date of aproval of this law and NOT before

Re: New Arms Rules 2016 notified by Government of India!

Posted: Wed Aug 03, 2016 12:30 am
by vrohan59
One thing is clear, these new rules are more restrictive.The cost of application and renewal has sky rocketed.But, what about place of renewal? My dad's licences are from all over the North East, previously you could renew them in our place of permanent residence(we have the authenticity and NOC issued by the various licencing authorities) ,now we have to go every year to the place of issue to get them renewed.please enlighten.Thank you.

Re: New Arms Rules 2016 notified by Government of India!

Posted: Wed Aug 03, 2016 7:18 am
by andy_65_in
vrohan59 wrote:One thing is clear, these new rules are more restrictive.The cost of application and renewal has sky rocketed.But, what about place of renewal? My dad's licences are from all over the North East, previously you could renew them in our place of permanent residence(we have the authenticity and NOC issued by the various licencing authorities) ,now we have to go every year to the place of issue to get them renewed.please enlighten.Thank you.
I hope your Dad got his 18 digit UID numbers for his arms licences.If so,renewal shouldnt be an issue irrespective of the new law?

Re: New Arms Rules 2016 notified by Government of India!

Posted: Wed Aug 03, 2016 9:32 am
by ParekSachin91
Is there an english version of this?