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Process to Regain Gun License in Pune

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!
Dawson
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Joined: Tue Apr 18, 2017 11:29 pm

Process to Regain Gun License in Pune

Postby Dawson » Wed Apr 19, 2017 5:42 pm

My father and grandfather had gun licenses and owned guns. After my father passed away 25 years ago my mother surrendered the guns and discarded the license. We have lived in Pune all our lives. I am currently 33 years old and would like to regain the license.
Can someone please advise me as to next steps? How can I strengthen my case to regain this license?
Thanks in advance.



goodboy_mentor
Posts: 2757
Joined: Sun Dec 07, 2008 12:35 pm

Re: Process to Regain Gun License in Pune

Postby goodboy_mentor » Wed Apr 19, 2017 7:58 pm

Guns surrendered twenty five years ago is a long time. Are those guns still in the custody of police station or gun shop? Are they willing to hand over the guns to you if get license? If yes apply license for family heirloom.

If want to buy new gun, then apply for self protection. If member of some rifle club, apply for sport.


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

Dawson
Posts: 2
Joined: Tue Apr 18, 2017 11:29 pm

Re: Process to Regain Gun License in Pune

Postby Dawson » Wed Apr 19, 2017 11:18 pm

The guns are not in custody of police or gun shop. They were eventually sold.
Is there anyway else I could apply through family heirloom?



goodboy_mentor
Posts: 2757
Joined: Sun Dec 07, 2008 12:35 pm

Re: Process to Regain Gun License in Pune

Postby goodboy_mentor » Thu Apr 20, 2017 12:16 pm

You cannot go for family heirloom route because the guns have been sold and thus are no more your family heirloom. May apply for 12 gauge shotgun license for self protection since it is very clearly mentioned in Section 13(3)(a)(i) of Arms Act 1959 that -
“(3) The licensing authority shall grant -

(a) a licence under section 3 where the licence is required -

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection: ”
It means since right to keep and bear arms is citizen's fundamental right under Article 19(1)(b) of the Constitution, that is exactly why the same fundamental right is flowing into Section 13(3)(a)(i) of Arms Act 1959 as legal right. It also means if the citizen is not offending Section 9 or 14 of Arms Act 1959, licensing authority must issue the license.


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

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mundaire
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Re: Process to Regain Gun License in Pune

Postby mundaire » Thu Apr 20, 2017 2:10 pm

Dawson wrote:The guns are not in custody of police or gun shop. They were eventually sold.
Is there anyway else I could apply through family heirloom?


GBM is correct. To explain further, one of the chief differences between the Arms Act of 1878 and Arms Act 1959 was that the latter recognised arms as "property" of the owner.

The "family heirloom" category derives from these property rights. Once you have sold/ gifted the firearm(s), they are no longer your property and therefore you no longer have any claim on them and cannot invoke "transfer of family heirloom" as reason for wanting an arms license.

You are best advised to apply for a firearm license in the normal manner, giving self-protection or sports (i.e. if you are a member of a club/ association) as reason for wanting an arms license.

Cheers!
Abhijeet


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