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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
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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....



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Kshatriya
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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
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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.


"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: 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".



StampMaster
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Re: Exemption from depositing Arms during elections

Postby StampMaster » Sat Sep 29, 2018 11:16 pm

Hello All,

Its time election time and again the question for deposition arms during arises for many.

1. Nov-Dec 2018, 4 state assembly elections are being scheduled.
2. Apr-May 2019 General elections Parliament are being scheduled.

For both, dates are not declared.

I do not remember changes from previous, but the current election commission guidelines dated 8 Jan 07- https://eci.nic.in/eci_main/CurrentElec ... asures.pdf the following points seems important.

Point- 2 - ban on the sale of liquor in close proximity with the dates of poll and counting, seizure of illicit and licensed arms, etc., etc.
Point- 4.6 to 4.14

Point 2 NEEDS EXPLANATION.



Update

I had this point 2 question in mind. And I got this information from a lawyer who has filed an RTI for arms deposition by all individuals during election with specified copy if any.

And he receive a reply- "YES with the above mention POINT 2 highlighted".
Last edited by StampMaster on Tue Oct 02, 2018 11:14 pm, edited 2 times in total.


”Criminals love gun control; it makes their jobs safer.”

rahul_does
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Re: Exemption from depositing Arms during elections

Postby rahul_does » Tue Oct 02, 2018 5:30 pm

If you are not an antisocial element, you are exempt!

Just don’t carry it.


4.6 Prohibitory orders under section 144 of the Criminal Procedure Code, 1973 shall be issued banning the carrying of licensed arms as soon as an election is announced and should be effective till the declaration of results.
4.7 The States should conduct a 100% scrutiny of licenses of arms and ammunition shops with a view to ensuring that the records of their stocks are kept up-to-date and that their antecedents, recent involvement in irregularities, if any, and political leanings, if any, warrant a close super checking and monitoring of their business during the days of active electioneering.”


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goodboy_mentor
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Re: Exemption from depositing Arms during elections

Postby goodboy_mentor » Thu Oct 11, 2018 1:18 pm

StampMaster wrote:Its time election time and again the question for deposition arms during arises for many.

1. Nov-Dec 2018, 4 state assembly elections are being scheduled.
2. Apr-May 2019 General elections Parliament are being scheduled.

For both, dates are not declared.

I do not remember changes from previous, but the current election commission guidelines dated 8 Jan 07- https://eci.nic.in/eci_main/CurrentElec ... asures.pdf the following points seems important.

Point- 2 - ban on the sale of liquor in close proximity with the dates of poll and counting, seizure of illicit and licensed arms, etc., etc.
Point- 4.6 to 4.14

Point 2 NEEDS EXPLANATION.

Update

I had this point 2 question in mind. And I got this information from a lawyer who has filed an RTI for arms deposition by all individuals during election with specified copy if any.

And he receive a reply- "YES with the above mention POINT 2 highlighted".
Please read another post, to read Click Here And also update the same to lawyer accordingly.


"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

StampMaster
Posts: 300
Joined: Wed Feb 08, 2012 12:36 pm
Location: Hyderabad, Bangalore, Dubai UAE

Re: Exemption from depositing Arms during elections

Postby StampMaster » Fri Oct 12, 2018 11:36 pm

Thanks for your reply. And hope GBM post above prevail and point 1 below come true.

Now, I see 3 options available in this case..

1. Not receiving written notice from the local police. No need to deposit.
2. If notice is received from local police to deposit, then appealing to the senior police officer in-charge. DCP or SP for exemption.
3. If you fail to get exemption from DCP/SP, then filing Writ in the High Court.


”Criminals love gun control; it makes their jobs safer.”

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

Re: Exemption from depositing Arms during elections

Postby Anand » Tue Oct 23, 2018 11:28 am

With regard to cases filed against LA for ordering deposit of Arms during Elections. A friend forwarded this case to me. I had read it earlier but didnt save it, so it here it is.
Regards,
Anand
Adv Gopi.pdf
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goodboy_mentor
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Joined: Sun Dec 07, 2008 12:35 pm

Re: Exemption from depositing Arms during elections

Postby goodboy_mentor » Tue Oct 23, 2018 9:37 pm

Anand wrote:With regard to cases filed against LA for ordering deposit of Arms during Elections. A friend forwarded this case to me. I had read it earlier but didnt save it, so it here it is.
This judgment is all right, but even if people get a thousand judgments like these, the matter of RKBA will not get solved. Why? Because these judgments are only hitting around the bush and are not addressing the root cause of the problem. Explained this matter in detail in another thread, to read it click here


"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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