sainikji wrote:Dear Nm
Congrats for AIV. Can u share the grounds taken by you in support of your AIV application?
I had applied for 'sports' and also attached a recommendation letter from NRAI.
perfectionist1 wrote:Dear All,
As per Arms Act- All India Validity is only for 3 years, if you get it as well, then again after 3 years the same process has to be repeated, it is not renewed with license renewal.
however 3 adjoining state validity extension is renewed with license.
On a deeper thought regarding the third point, if one contends that his freedom of movement is not merely about moving from point A to B only for few days on a transit license. Such a license puts unreasonable burden on him. His freedom of movement includes moving freely in any part of the country, anytime and every time without giving any reasons or justifications. Hence if he does not get all India license, it is effecting his freedom of movement, RKBA under Article 19 and right of self defense under Article 21.GBM, I agree with your first and third point. Will get back to you on the second, once I get back to Delhi.
Area of validity: All India/All State/DistrictThis situation of granting AIV for 3 years raises a question that is very important: what happens to those all india license holders who had gotten an all india endorsement before this new policy? Is their area validity now valid only for 3 years? If not, why are the new crop of license holders being discriminated against?
If some States are following the Arms Act and not following the "Policy" of MHA, nothing wrong in it. In Poonam Verma & Ors vs Delhi Development Authority, Supreme Court has already held that guidelines per se do not partake to the character of statute. In Subhash Ramkumar Bind @ Vakil & Anr vs State Of Maharashtra Supreme Court has held that administrative instructions cannot possibly be a substitute for a notification which stands as a requirement of the Statute. Both the judgment details can be read in this link viewtopic.php?f=4&t=17298Secondly and even more importantly, one wonders whether arms and ammunition is a state or central subject? I only ask because shooters in other states are getting all india validity without any time restriction. Examples being Rajasthan, M.P, A.P etc. why are these states not following the same guidelines from the center?
goodboy_mentor wrote:If you could please mention the specific sections/rules that apply for this matter and are ambiguous. As per my understanding the Rule 4 of Arms Rules 1962 and Schedule II of Arms Rules 1962 are relevant for area validity. Since Rules cannot override the Act, period of validity of any license under the Act will be decided by Section 15 of Arms Act 1959.Sadly, the act/rules are quite ambiguous regarding this.
Arms Rules, Section 53: Variation of Conditions of Licenses
(1) On application from a licence-holder, a licensing authority may extend the area of validity specified in his licence, if he is satisfied about the need of such extension, subject to the condition that the licensing authority has the power to grant a licence in relation to the area to which extension is sought.
No you are certainly not wrong, your observation about Rule 53 is correct. There are some Sections under Arms Act/Rules that are vague or suffering from vice of over delegation, Rule 53 appears to be one such provision.The Act/Rules fail to outline a procedure for extension of Area of Validity and Section 15 of the Arms Act does not mention anything about this either. So technically, the Licensing Authority has full discretion here. The only thing that mentions anything about Area of Validity it the MHA policy.
I hope I'm wrong here, I'd love to find a legal ground to demand an All India Validity, besides 'freedom of movement'...
sap17 wrote:Dear Members, I have recently got a license for a revolver/pistol of NPB. Currently its valid for only the state I am located in. My query is that how soon can I apply for getting it converted to all India status? I fulfill the criteria of [IAS,IPS officers, Employees of the Central Govt, Defence Personnel]. Regards & Thanks
Users browsing this forum: No registered users and 12 guests