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Transfer Of Residense - my experience

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!
Katana
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Re: Transfer Of Residense - my experience

Postby Katana » Sun Feb 05, 2012 9:20 pm

Any updates on your license? Have you managed to have your firearm realised from the customs?


Justice alone is the mainstay of government and the source of prosperity to the governed, injustice is the most pernicious of things; it saps the foundations of the government and brings ruin upon the realm - Sher Shah Sur, Sultan-ul-Adil.

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Bhargav
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Re: Transfer Of Residense - my experience

Postby Bhargav » Mon Feb 20, 2012 10:41 pm

Nnp

Any updates on your license? Did you get your firearm from the customs?

Thanks


"I'd much rather go to my grave never needing my gun, than go there wishing I had it."
- Phil Dalmolin

"Know guns, no crime. No guns, know crime."
- Ralph Lauretano

NAGRI ( www.gunowners.in ) - Our future 800 pound gorilla.
Marlin XT-22R in 22lr.
www.programmerhaven.com/

drifter
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Re: Transfer Of Residense - my experience

Postby drifter » Sat Mar 17, 2012 10:47 am

Dear NNP,

Thanks for the narration, very informative and detailed.

Regards,
drifter.



ngrewal
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Location: US

Re: Transfer Of Residense - my experience

Postby ngrewal » Sat Mar 17, 2012 7:11 pm

NNP
Thats a great narrative especially the extra part of police clearance etc in US. Now the hard part starts procuring licensein India - you will get through this also . Good luck which gun did you end up bringing?

Cheers



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ckkalyan
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Re: Transfer Of Residense - my experience

Postby ckkalyan » Sun Mar 18, 2012 12:23 am

@ ngrewal

by NNP » Sun Jan 15, 2012 8:45 am

@ boris , I bought a Taurus Mag 327. It can fire a .32 long , .32 S , .327 cartridge .. hence I bought it ... since I can use comparitively less expensive .32 S&W rounds that we get in India.


When guns are outlawed, only outlaws will have guns!

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avi88
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Re: Transfer Of Residense - my experience

Postby avi88 » Tue Apr 17, 2012 7:45 am

Any Update?



Bhargav
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Re: Transfer Of Residense - my experience

Postby Bhargav » Tue Apr 17, 2012 7:47 am

Nnp's last visit on the forum was on:

Last visited:Wed Feb 22, 2012 22:05

so not sure if he is active, and might not be checking his emails or the emails from IFG might be going to an already abandoned email id :D

But I believe that its becomes a good source of information if people put their experiences for others to read. Half the work is already done by "Nnp" .. half is remaining :)


"I'd much rather go to my grave never needing my gun, than go there wishing I had it."
- Phil Dalmolin

"Know guns, no crime. No guns, know crime."
- Ralph Lauretano

NAGRI ( www.gunowners.in ) - Our future 800 pound gorilla.
Marlin XT-22R in 22lr.
www.programmerhaven.com/

kirat
Posts: 5
Joined: Tue Sep 09, 2008 4:59 am
Location: usa

Re: Transfer Of Residense - my experience

Postby kirat » Wed Apr 18, 2012 12:52 pm

Hi Guys,
Need your help here urgently.I am a US Citizen and have brought a 12 Guage shotgun under TR, But customs officer wants clarification whether my arms license is valid as i had the got the license when i was a Indian citizen and now i am a US citizen and they are holding the gun at the airport.Thanks for any advice or material which i can show this customs chap.Thanks



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nagarifle
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Re: Transfer Of Residense - my experience

Postby nagarifle » Wed Apr 18, 2012 1:11 pm

just get a letter from the issuing office, saying that its valid, as if its valid its valid


Nagarifle

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

Bhargav
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Re: Transfer Of Residense - my experience

Postby Bhargav » Wed Apr 18, 2012 1:13 pm

kirat wrote:Hi Guys,
Need your help here urgently.I am a US Citizen and have brought a 12 Guage shotgun under TR, But customs officer wants clarification whether my arms license is valid as i had the got the license when i was a Indian citizen and now i am a US citizen and they are holding the gun at the airport.Thanks for any advice or material which i can show this customs chap.Thanks

I think since you gave up your Indian citizenship, that changes a lot of things from a license perspective, in India.

Do you have an OCI card? Since you are a foreigner in India I am not sure how can you renew or reapply for license in India?


"I'd much rather go to my grave never needing my gun, than go there wishing I had it."
- Phil Dalmolin

"Know guns, no crime. No guns, know crime."
- Ralph Lauretano

NAGRI ( www.gunowners.in ) - Our future 800 pound gorilla.
Marlin XT-22R in 22lr.
www.programmerhaven.com/

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

Re: Transfer Of Residense - my experience

Postby goodboy_mentor » Wed Apr 18, 2012 2:15 pm

Arms licenses are not issued only on basis of citizenship. Non citizens can get arms license in India, there are also at least one or two High Court judgments related to this matter. Please read the terms and conditions of arms license that are mentioned on license.

If terms and conditions on license are not talking about citizenship status then it should be valid provided you have not violated any other terms and conditions of the license/Arms Rules 1962/Arms Act 1959.

Else if the material facts related to the terms and conditions of the license/Arms Rules 1962/Arms Act 1959 have changed then get the arms license updated or renewed 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

kirat
Posts: 5
Joined: Tue Sep 09, 2008 4:59 am
Location: usa

Re: Transfer Of Residense - my experience

Postby kirat » Wed Apr 18, 2012 2:23 pm

The local arms license office has given a no objection letter regarding the license, but the Customs officer keeps drumming up the same question, if the license is valid after acquiring US citizenship and the local office cannot answer that question as its the first time they have ver dealt with it.Yes i do have PIO Card.Thanks



goodboy_mentor
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Re: Transfer Of Residense - my experience

Postby goodboy_mentor » Wed Apr 18, 2012 3:10 pm

First read Section 17 of Arms Act 1959 and see if you have violated anything mentioned in it. If the answer is no then you may try these:

1. May try contacting some senior Customs Officer who has at least a little bit of common sense and some understanding of law. Explain him that the license can be varied, suspended and revoked only as per the provisions laid down for this purpose in the Section 17 of Arms Act 1959 and not as per the desires of any individual. Try convincing him that when the licensing authority did not find any ground under Section 17 of Arms Act 1959 and is confirming the license to be valid as per the terms and conditions of license issued under Arms Rules 1962/Arms Act 1959, it is not for the Customs to go over and above the provisions of law.

Moreover since license is valid, that is exactly why it is perfectly legal for you to buy firearm on the present license from any arms dealer within the country.

2. May put the same question to customs via RTI application to provide information to you, as per which provision of law they are not releasing the weapon, when arms license is valid as per its terms and conditions and the Licensing Authority has given no objection certificate regarding the same.

3. May contact some experienced local lawyer who understands this matter, send legal notice to customs etc. etc.


"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

kirat
Posts: 5
Joined: Tue Sep 09, 2008 4:59 am
Location: usa

Re: Transfer Of Residense - my experience

Postby kirat » Fri Apr 20, 2012 11:42 am

how can i file an RTI application?? i have cousin who came last year under TR with the identical situation who didnt face no problems and he is also a US citizen?Any help here much appreciated.Thanks



sa_ali
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Joined: Fri Mar 23, 2007 9:50 pm

Re: Transfer Of Residense - my experience

Postby sa_ali » Fri Apr 20, 2012 12:11 pm

In the letter issued from the Local officer, i think if you get it mentioned that you have license for .12 Bore gun, valid to <date>, issued or renewed on <> from <Police Station-District>.

Then this information should be sufficient, as the custom officer want to know if the license is valid after you attained foreign citizenship, so if the letter is above format, then the date of issue and date till which it is valid should clarify it.

As for RTI you can use this link, i have used them 2 and its pretty smooth.
http://www.rtination.com/




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