Can a arms license transfer possible from father to son ?

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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lakecity_shooter
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Can a arms license transfer possible from father to son ?

Post by lakecity_shooter » Sun Apr 08, 2012 10:56 am

Hello all Gunnies ,
This is Rahul masih from udaipur . my father have a licensed shotgun in MP . And from last 8 years we have been permanently shifted to udaipur with family. so His shotgun is lying in MP.i want to take shooting as a sport so is it possible that my fathers license can be tranferred from madhya pradesh to rajasthan on my name . Please throw some light if there is a little bit possibility.?


I want to start competitive shooting but my interest is not aiguns ( i have two airguns though ) i want a licensed rifle for competitive shooting. Tell me please if there are any chances of transferring my fathers license from madhya pradesh to rajasthan on my name ...

hoping for valuable replies
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Re: Can a arms license transfer possible from father to son

Post by andy_65_in » Sun Apr 08, 2012 11:05 am

youll have to apply for a licence yourself first,get it and then transfer the weapon on your name.i have done the same for myself many years ago

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Re: Can a arms license transfer possible from father to son

Post by ankitdashora » Sun Apr 08, 2012 11:10 am

I think you can only transfer weapon from your fathers name to yours. I am not sure but you can read on your license there might be somewhere written TRANSFERABLE OR NON TRANSFERABLE...
Hope this helps

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Re: Can a arms license transfer possible from father to son

Post by maverickwebley » Sun Apr 08, 2012 1:37 pm

Andy is right. You have to get a license first. It is difficult to get new license in Rajasthan but if you apply a new license inlieu of you father ( Reason for new license to be given in application) then you can get it fast. They will cancel your dad's license. Once you have this license then apply for transfer of weapon ( Shot gun) from your father to your name. Once you have this then apply for addition of another weapon say NPB rifle ( .315, 30.06 or .22). Then only you can get your dream rifle for shooting. it is long process but you have to do it.

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Re: Can a arms license transfer possible from father to son

Post by lakecity_shooter » Sun Apr 15, 2012 10:29 am

@maverickweb.......can u please tell me where in the license application form i must specify that i want to apply in lieu of my fathers license.??????????
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Re: Can a arms license transfer possible from father to son

Post by Safarigent » Mon Apr 30, 2012 3:16 pm

Lakecityshooter,
Start getting good groups at 10m with air rifles. Take part in a competition or two. Get to know your mettle.
Move over to .22 lr matches at 50 metres. Stay there for a while. If there is a rifle club, you can use their rifles. If not, apply for a .22 rifle license, Citing target practise as your reason, attach your air rifle certificates. Issuing a .22 rifle license to you then wont be a problem.
Buy one and spend lots of time with the sight picture, breathing, mental stimulation, firing technique etc. finally when you feel confident about handling a bb rifle at long ranges, move up and apply for an npb license. And continue on.
The reason to do this is to save yourself money and to do things n an orderly manner. Yu might have done a bit of plinking but knowing the mental pressure of a complete match is something else. Learn that, the sight pictures, the breathing etc on the cheapest possible stage i.e. the air rifle competition. Once you are fairly proficient, move up and now think about which discipline you want to be in? This is the stage to experiment between the different disciplines at the 50 meter ranges. Get used to the firearm and participate. Get an idea about what you want to do. You will slowly start figuring out the how as well. Then finally move on up and shoot the big bores. No event is beneath someone if they arent proficient at it. I see people put up their noses at the sound of air rifle, saying that they will only shoot big bore or .22. Why? Do you the requisite proficiency?if you cant hack it at the preliminary stage, what will you acheive by leaping ahead to a more advanced level?Bullets cost money, do you have enough to directly go buy an npb rifle and start blasting away without knowing what you are doing? If you do, bang away. If you are sensible, or like me dont have the moeny, Take it up slowly. This is a way of life, not a bragging point. You will get there, in time, properly. Which is far more important than some punk going and getting disbarred for violating simple rules or missing out because he or she didnt know how to handle a fire arm properly.
I saw a few examples of the same in the last nationals. Try not to become one of them.
As it is, how will a shot gun license help you in rifle shooting? Read the arms act, a shotgun license is to be issued as per the arms act unless you have a criminal background or the police have grounds for believing thar you may be up to mishief. :). Read this link, http://indiansforguns.com/viewtopic.php?f=4&t=14520
Read the arms act. You cant be a responsible fire arm owner/ aspiring owner if you dont know the legislation which covers you.
So dont do the gymnastics you had described earlier and start putting those pellets down range.
At the right time, apply for the right licenses for the right reasons and with the right documentation and knowing what the law needs you to do.
And dont cow down from fighting for your rights.
All the best.
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Re: Can a arms license transfer possible from father to son

Post by andy_65_in » Tue May 01, 2012 9:57 am

lakecity_shooter wrote:@maverickweb.......can u please tell me where in the license application form i must specify that i want to apply in lieu of my fathers license.??????????
No you dont have to specify anything-just give valid reasons for obtaining a licence,get one and then ask for transfer of ur fathers firearm fior which the concerned authorities will first give u permission,then transfer the firearm as also cancel ur fathers licence

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Re: Can a arms license transfer possible from father to son

Post by dr.jayakumar » Tue May 01, 2012 10:12 am

friend,
if your dad had this gun for more than 20yrs,you can have his gun with a new licence on your name.the gun is considered as family property and so is transfered to your name.
regards

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Re: Can a arms license transfer possible from father to son

Post by lakecity_shooter » Mon May 14, 2012 12:54 pm

@Safarigent......thanks for a detailed advice...but the thing is i am unable to get a membership in a rifle club as i found out and came to know there is only one rifle club in rajasthan and they dont even pick up the phone..dont know what one needs to do for registering himself in a air gun competitions....throw some light on how one can compete in a air gun competition....would highly appreciate that........
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Re: Can a arms license transfer possible from father to son

Post by jayanta mukherjee » Mon May 14, 2012 1:05 pm

dr.jayakumar wrote:friend,
if your dad had this gun for more than 20yrs,you can have his gun with a new licence on your name.the gun is considered as family property and so is transfered to your name.
regards
He is absolutely right and also when you are applying please attach an affadavit by your father that he would like to gift you the rifle/ gun and that in the future he would not be applying for another gun. I think it will work for you.
Cheers
Jayanta
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Re: Can a arms license transfer possible from father to son

Post by goodboy_mentor » Mon May 14, 2012 1:53 pm

Read the arms act, a shotgun license is to be issued as per the arms act unless you have a criminal background or the police have grounds for believing thar you may be up to mishief. :). Read this link, http://indiansforguns.com/viewtopic.php?f=4&t=14520
Read the arms act. You cant be a responsible fire arm owner/ aspiring owner if you dont know the legislation which covers you.
So dont do the gymnastics you had described earlier and start putting those pellets down range.
At the right time, apply for the right licenses for the right reasons and with the right documentation and knowing what the law needs you to do.
And dont cow down from fighting for your rights.
:agree: Section 13(3)(a)(i) of Arms Act 1959 makes it obligatory for licensing authority to issue shotgun license for protection or sport since it is right of every citizen. This clause is flowing from Article 19 of the Constitution since it has acknowledged arms as a right of every citizen.

If licensing authority talks about some guideline by government etc., no guidelines or policy can replace the words in law, in this case Section 13(3)(a)(i) of Arms Act 1959. There is also a Supreme Court judgment in this context, it can be read here http://indiansforguns.com/viewtopic.php?f=4&t=17298

In spite of the fact that getting shotgun license is your right under Arms Act 1959, you still want your father to give up his license, it is up to you. As far as affidavit by your father that in the future he would not be applying for another shotgun license, it is an established preposition that any agreement or affidavit by which one gives up his legal rights or rights to recourse of the provisions of law is void under law. It is just to fool the babus :wink:
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Re: Can a arms license transfer possible from father to son

Post by kaushalrb » Mon May 14, 2012 2:11 pm

Hi,

I had applied a new license in lieu of my fathers license but was told the new license will be under DISPLAY category and not Protection. My father is now a senior citizen 70+ and has the weapon for 30 years. Before this it was with my grandfather who was in police. Can anyone help on this angle

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Re: Can a arms license transfer possible from father to son

Post by goodboy_mentor » Mon May 14, 2012 2:39 pm

If you had applied for shotgun license, licensing authority has no discretionary power to deny license for self protection and instead issue license for display, unless it has some valid legal reason to deny the same to you under some other provision of Arms Act 1959. This is because Section 13(3)(a)(i) of Arms Act 1959 makes it mandatory on licensing authority to issue shotgun license to citizens, since arms are citizen's right under Article 19. It has been made mandatory on licensing authority because rights under Article 19 have greater level of protection in comparison to Article 21. The same can also be ascertained by reading the Objects and Reasons of the Parliamentary Bill that became Arms Act 1959.

It may be noted that the three ingredients smooth bore gun, self protection and sport mentioned for citizens in Section 13(3)(a)(i) of Arms Act 1959 are all fundamental rights under Article 19 and 21. Though Arms Act 1959 is not clear about rifle or handgun license but same logic would apply since arms are acknowledged as fundamental right by Article 19. Because arms are fundamental right of every citizen under Article 19, there is corresponding fundamental duty of every citizen under Article 51A(d).

Also since it is a matter related to the fundamental rights of the applicant, applicant cannot be kept waiting forever for license. Therefore under Section 13 of Arms Act 1959 where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority without waiting any more can issue a license.

Also it needs to be understood that "grant" of license under Arms Act 1959 is a misnomer. Government is not "granting" any license to the citizen, it is merely issuing a license which is already vested or implied with the citizen since it is his fundamental right under Article 19. It is all game of playing with the words that has been done in the Arms Act 1959 that creates confusion and wrong impressions. If one reads the following High Court judgments this aspect will become even more clear:
http://indiansforguns.com/viewtopic.php ... 64#p147708
http://indiansforguns.com/viewtopic.php?f=3&t=17120
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Re: Can a arms license transfer possible from father to son

Post by lakecity_shooter » Fri May 25, 2012 1:05 am

dear all........As the officials of licensing in udaipur are so strict i would go to apply for a license inlieu my father..........and then buy a NPB rifle..........suggestions guys .............
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Re: Can a arms license transfer possible from father to son

Post by Safarigent » Fri May 25, 2012 2:38 am

Have you read any of what i wrote above?
While we have a lot of experienced people here,i fail to understand why you are getting cowed down by 'strict' licensing guys? Do you have something to hide? Do you have a criminal case against you?
Fight for your rights man, dont take the easy way out.
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