Youth arrested for buying 'gun' online

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Vikram
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Re: Youth arrested for buying 'gun' online

Post by Vikram » Sun Feb 01, 2015 3:05 pm

Ebenezer,

Excellent job, amigo! I hope your article will result in the charges being dropped entirely.Thank you for doing this.


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Re: Youth arrested for buying 'gun' online

Post by estousandy » Sun Feb 01, 2015 3:37 pm

I would want them to release the item too. There shouldn't be anymore hiccups now that its 'legality' is established.
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Re: Youth arrested for buying 'gun' online

Post by anubhav_rulez » Sun Feb 01, 2015 4:55 pm

estousandy wrote:Attaching the report as an image here. Right click--> Open in new tab for full size.

[ Image ]

Ebenezer, much appreciated man. I guess it's time to do something about airsoft too. Way too much harassment with it.
I would second this...something has to be done in favour of airsoft too.
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Re: Youth arrested for buying 'gun' online

Post by nagarifle » Sun Feb 01, 2015 6:36 pm

great work mate, :cheers:

good news for all :) , including the experts from the police dept, that the parents would not sue their pants off em
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Re: Youth arrested for buying 'gun' online

Post by ebenezer » Mon Feb 02, 2015 2:33 am

Another newsreport on the same issue. This one is about sloppy customs checks

http://m.timesofindia.com/city/chennai/ ... 059931.cms

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Re: Youth arrested for buying 'gun' online

Post by nagarifle » Mon Feb 02, 2015 12:00 pm

some good points though. thanks for pointing it out
Nagarifle

if you say it can not be done, then you are right, for you, it can not be done.

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Re: Youth arrested for buying 'gun' online

Post by ckkalyan » Mon Feb 02, 2015 2:02 pm

ebenezer wrote:Another newsreport on the same issue. This one is about sloppy customs checks http://m.timesofindia.com/city/chennai/ ... 059931.cms
Good report ebenezer - thank you! :D
Blank gun' import raises questions
Jan 30, 2015, 12.42AM IST TNN

CHENNAI: The arrest of a 22-year-old man who imported a 0.9mm blank revolver - one that makes the sound of gunfire but does not fire bullets - purchased online from a US merchant has raised serious questions on the norms for customs checks, expertise of police to identify firearms and the lack of clarity on legal and illegal purchases of such items in the age of e-tailing.

The small parcel, with its documents in order, was screened at four checkpoints at various airports as it travelled across the world from the United States to Chennai via Delhi. But it was detained in Chennai at a cargo transshipment centre after a scan showed that it contained a revolver. Police initially dismissed it as toy but less than a week later, on Tuesday, arrested R Suryadevan in Coimbatore.

They booked Suryadevan under Section 29 of Arms Act.

Describing it as an air gun, Suryadevan's brother R Sudarshan said the family did not anticipate strict police action. "My brother is an collector and ordered it as it was advertised as an antique piece," he said.

Air guns are easy to order online from abroad. However, customs have down restrictions on import of specific air guns to licensed users or rifle clubs and rifle associations. That consignment was cleared at Delhi twice, on arrival and before departure to Chennai, shows it is permissible to import the item or checks by customs were sloppy.

An airport official said in several cases, customs personnel are not clear about the rules. "They sometimes confiscate a gun even when it is imported by an authorised person," he said. "Air customs officials are trying to be cautious as they have to tread a fine line between clearing consignments and not compromising on security."

Rifle associations also face trouble in the import of air pistols and air guns though it is permitted by law. An online community of shooting enthusiasts details how a rifle association member ran around for more than three weeks to have an imported air pistol released from the Hyderabad airport. Police had to inspect it and he paid 100% duty, a post says.

The time taken by police to determine the nature of the gun reveals lack of expertise. Its forensics department's ballistic report says it is a firearm though it mentions that the front barrel does not have an opening. It does not have a firing pin but has chambers for bullets.

A Meenambakkam police officer said Suryadevan informed Coimbatore police that he had ordered the gun after reports about its seizure in Chennai. "When police summoned him to Chennai he had no idea he would be arrested," he said.
Raises serious questions about what the authorities know about the legalities of firearms and non-firearms, while enforcing the law. The law itself is so confusing?! :?
When guns are outlawed, only outlaws will have guns!

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Re: Youth arrested for buying 'gun' online

Post by 3006rifle » Mon Feb 02, 2015 9:22 pm

Blank Firing Replicas inclusive of “Starter Pistols” are incapable of firing projectiles. Despite having an authentic working action and resemblance to a firearm, they are incapable of firing live ammo and discharging a projectile! Therefore, they are exempt from the restrictions imposed by the Indian Arms Act 1959.

Check out Section 2 (Definitions and Interpretations): §(c) "ARMS" means articles of any description designed or adapted as weapons for offense or defence, and includes firearms, sharp -edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, …. and excludes weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons.

So, on the one hand articles of ANY DESCRIPTION DESIGNED OR ADAPTED AS WEAPONS FOR OFFENSE OR DEFENSE are considered “Arms”; but, on the other hand, “WEAPONS incapable of being used otherwise than as toys or of being converted into serviceable weapons …” are not considered “Arms”. In other words some “WEAPONS” are considered to be “Arms”, while other “WEAPONS” (blank-firing guns/Starter pistols) are not! Further clarification is given in § (e): "FIREARMS" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy, and includes …”. (Excuse the CAPS: They are there for emphasis).

The Law is very clear about articles that are considered “ARMS” and “FIREARMS”: Black-firing guns/Starter Pistols do not conform to either legal definition. But blank ammo/primers ARE considered explosive devises – and, by logical extension, so are the explosive “caps” in kid’s cap guns
Definition of ammunition under Section 2(1)b of Arms Act 1959 says:
"ammunition" means ammunition for any firearm, and includes---
Definition of arms under Section 2(1)c of Arms Act 1959 says:
"arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharp edged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;
Definition of firearms under Section 2(1)e of Arms Act 1959 says:
"firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy
Blank gun is not an article of defence or offence, hence not even an arm as defined under Section 2(1)c of Arms Act 1959. Also blank gun does not discharge a projectile, hence not a firearm for the meaning of Section 2(1)e of Arms Act 1959. When blank gun is not a firearm, the blanks for its use are not ammunition for the meaning of Section 2(1)b of Arms Act 1959.

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Re: Youth arrested for buying 'gun' online

Post by AgentDoubleS » Mon Feb 02, 2015 10:32 pm

Ebenezer,

That's some fantastic work- kudos to you!

Cheers,
SS

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Re: Youth arrested for buying 'gun' online

Post by ebenezer » Thu Feb 05, 2015 12:23 pm

Thank you dear friends for your words of encouragement and your valuable inputs.

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Re: Youth arrested for buying 'gun' online

Post by vijaynats » Sun Feb 22, 2015 10:02 pm

Can a blank put on the temple and fired cause death? Yes. Bruce Lee's son died doing it. Even a blank is dangerous. In my opinion its a firearm as it has a charge even though its not spitting out any projectile. As blank gun can be used to intimidate or even commit other serious crime. Shooting is not about the bang or show value but about marksmanship. This boy should have brought an air gun. However arresting and jail is not right. Please do a signature campaign on the web for him.

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Re: Youth arrested for buying 'gun' online

Post by Vikram » Mon Feb 23, 2015 1:24 am

vijaynats wrote: In my opinion its a firearm as it has a charge even though its not spitting out any projectile.
The Indian Arms Act and Arms Rules differ with your assessment.
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Re: Youth arrested for buying 'gun' online

Post by timmy » Mon Feb 23, 2015 3:10 am

vijaynats wrote:Can a blank put on the temple and fired cause death? Yes. Bruce Lee's son died doing it. Even a blank is dangerous. In my opinion its a firearm as it has a charge even though its not spitting out any projectile. As blank gun can be used to intimidate or even commit other serious crime. Shooting is not about the bang or show value but about marksmanship. This boy should have brought an air gun. However arresting and jail is not right. Please do a signature campaign on the web for him.
You are very incorrect in your assumption about the way Brandon Lee died. First of all, a blank gun (as the gentleman in this case ordered on line) was not involved in Brandon Lee's death, a real gun was.

Secondly, a blank was involved in Brandon Lee's death, but there is more to the story: he was killed by a real gun and a real bullet, which I will show in a moment.

Thirdly, a blank gun cannot duplicate the event here in the USA a few years back where a minister put a blank cartridge in a REAL GUN and put it against his temple and killed himself. A real gun has a bore that comes right out of the end of the barrel. Blank guns are not made that way so that these things cannot happen.

Because your opinion is based on faulty ideas about blank guns vs real guns, I think you are wrong and disagree strongly with you.

Regarding Brandon Lee's death, please note this article:
On March 31, 1993, the 52nd day of a 60-day shooting schedule for The Crow, the scene being filmed was when Lee's character was to walk into his apartment and see his girlfriend being raped by thugs. This would subsequently lead to Eric being brutally killed, along with his girlfriend, by the thugs. Actor Michael Massee, who played one of the villains named Funboy in the movie, was supposed to fire a gun at Lee, as he walked into his apartment with groceries.

Because the movie's second unit team were running behind schedule, it was decided that dummy cartridges — bullets that outwardly appear to be functional, but contain no gunpowder — would be made from real cartridges, which had been brought to the set, earlier in production. Bruce Merlin, an effects technician, dismantled the live cartridges by removing the bullets, emptying out the gunpowder, detonating the primer, and reinserting the bullets. This rendered the cartridges inoperative, but realistic in appearance. Merlin and his propmaster, Daniel Kuttner, took initiative to create some blanks by removing live cartridges, and replacing the gunpowder with firework powder; the bullets were not reinserted.

Later, a cartridge with only a primer and a bullet, was fired in a pistol; this caused the bullet to lodge in the forcing cone of the revolver. When the first unit used this gun to shoot the death scene, the chamber was loaded with blanks which had no bullets. However, there was still the bullet in the barrel, which was propelled out by the blank cartridge's explosion. Consequently, Lee was shot and severely wounded, as cameras were rolling at the Carolco Studios in Wilmington, North Carolina. Seconds later, director Alex Proyas stopped the scene, but Lee remained on the floor. Stuntman (and Lee's friend) Jeff Imada ran over to him with a paramedic, and discovered a thin slit, an inch below to the right of his navel; by this time, Lee had slipped into unconsciousness, and was rushed to the hospital where doctors discovered that a bullet was the cause of the damage. They fought for five hours in an attempt to save him, but at 1:04 PM he was pronounced dead at the age of 28.

His funeral was held several days later; he was buried next to his father in Lake View Cemetery, Capitol Hill, Seattle, Washington. The following day, a memorial service was held in Los Angeles, California, at the home of actress Polly Bergen; over 200 people attended, including David Carradine, David Hasselhoff and Kiefer Sutherland. Jeff Imada, Lee's closest friend, and Eliza ('Lisa') Hutton, Lee's intended bride, were so shocked they couldn't speak, while his mother, Linda Emery, reminded everyone, "Brandon would want this to be a happy occasion; we are here to celebrate his life."

The footage of the incident was soon destroyed, without ever being developed.

The shooting was ruled as an accident, although many fans suspected foul play. (Bruce Lee's own death in 1973, at the age of 32, apparently from a reaction to an analgesic he had taken, was also considered suspicious.) Bruce Lee's character in the 1978 version of Game of Death is shot in a similar fashion. His character, like that of his son in The Crow, returns ('from the dead', although the character did not actually die), to get revenge on his adversaries.
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Re: Youth arrested for buying 'gun' online

Post by ebenezer » Mon Feb 23, 2015 8:46 am

vijaynats wrote:Can a blank put on the temple and fired cause death? Yes. Bruce Lee's son died doing it. Even a blank is dangerous. In my opinion its a firearm as it has a charge even though its not spitting out any projectile. As blank gun can be used to intimidate or even commit other serious crime. Shooting is not about the bang or show value but about marksmanship. This boy should have brought an air gun. However arresting and jail is not right. Please do a signature campaign on the web for him.
When a blank gun or 'imitation firearm', as the Arms Act defines it, is used to threaten someone, only then it becomes an offence. Mere possession or purchase doesn't. That's what legal experts say. Being 'dangerous' doesn't make it a firearm to warrant an arrest. The update in this case is the charges are being dropped. He has already been released on bail. But since the case has been registered already, only the court can quash the FIR. It's a flawed forensic report that led to the arrest and the police had blindly relied on that. The boy's family, though furious, are not keen on initiating legal action against the cops as they want to live 'peacefully'.

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Re: Youth arrested for buying 'gun' online

Post by TC » Mon Feb 23, 2015 5:17 pm

ebenezer wrote:
vijaynats wrote:Can a blank put on the temple and fired cause death? Yes. Bruce Lee's son died doing it. Even a blank is dangerous. In my opinion its a firearm as it has a charge even though its not spitting out any projectile. As blank gun can be used to intimidate or even commit other serious crime. Shooting is not about the bang or show value but about marksmanship. This boy should have brought an air gun. However arresting and jail is not right. Please do a signature campaign on the web for him.
When a blank gun or 'imitation firearm', as the Arms Act defines it, is used to threaten someone, only then it becomes an offence. Mere possession or purchase doesn't. That's what legal experts say. Being 'dangerous' doesn't make it a firearm to warrant an arrest. The update in this case is the charges are being dropped. He has already been released on bail. But since the case has been registered already, only the court can quash the FIR. It's a flawed forensic report that led to the arrest and the police had blindly relied on that. The boy's family, though furious, are not keen on initiating legal action against the cops as they want to live 'peacefully'.
Thanks Ebenezer for the update. Can understand how the parents feel but this was the right opportunity to teach the cops a good lesson and
set an example for the rest in India. From what I can understand, for whatever they have done the cops could be sued for framing false charges, making arrest with malafide intention, criminal conspiracy... etc
They should not be allowed to get away

TC

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