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Exemption from depositing Arms during elections

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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dheeraj_1772
Posts: 28
Joined: Fri May 28, 2010 12:45 pm
Location: west bengal

Re: Exemption from depositing Arms during elections

Postby dheeraj_1772 » Sat Apr 09, 2016 9:09 pm

Don't know about the situation in other states but in Kolkata I was served with the notice of depositing the weapons for elections during last local body elections. I made a request siting the reasons for grant of license for my self protection and in turn received the letter from BDN Police Commissioner regarding " award of permanent exemption" from depositing the weapon during election. However local PS again served the notice during start of ongoing election procedures to deposite the weapon. I applied with copy of previous exemption letter and that's all... No further notice to deposit the weapons....



Kshatriya
Posts: 105
Joined: Sun Jul 16, 2006 10:28 am
Location: Lucknow, Uttar Pradesh, India

Re: Exemption from depositing Arms during elections

Postby Kshatriya » Sun Jan 08, 2017 7:15 pm

I was visited by some cops from the local Thana today & asked to deposit the arms, due to the future elections that would start in UP from 11 th Feb, 2017. I was asked to submit a copy of the deposit receipt at the Thana at the earliest. He has said that if you did not wish to deposit the same, you can approach the committee formed by DM, that has the powers to exempt anyone whom they deem fit. Is there a change in the earlier HC ruling where it was not incumbent for a law abiding citizen to submit his arms during elections. If any person's arms were to be asked for, it has to be in form a letter specifically addressed to him by SO etc., based on the criterion laid down, considering that he fits the profile of someone who is likely to use his arms in an illegal way during elections. Please advise.


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goodboy_mentor
Posts: 2792
Joined: Sun Dec 07, 2008 12:35 pm

Re: Exemption from depositing Arms during elections

Postby goodboy_mentor » Sun Jan 08, 2017 9:06 pm

Not aware of any change in HC ruling or Election Commission order that is asking for blanket confiscation.
If any person's arms were to be asked for, it has to be in form a letter specifically addressed to him by SO etc., based on the criterion laid down, considering that he fits the profile of someone who is likely to use his arms in an illegal way during elections.
Yes this is what the Election Commission guidelines said when checked last time and police should be following it. Election Commission guideline basically said to the effect that unless you are among the "suspects" the police should not be bothering you. You may double check it on Election Commission website.


All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche

Anand
Posts: 579
Joined: Tue Nov 04, 2008 11:29 am
Location: Hyderabad

Re: Exemption from depositing Arms during elections

Postby Anand » Wed Jan 11, 2017 9:58 pm

The correct procedure is for the Govt. to form a committee and to make a list of all those licensees who are "troublemakers" and make them deposit during the election code of conduct. However, the Police are in the habit of making every one deposit their arms and then making them seek an exemption for various reasons. Here it looks like the said committee has been set up to grant exemptions rather than to make a list of the "troublemakers".




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