Re-appeal for arms License to Home Ministry - Pune

[sekhonkamal]

Hello Dear Members,

I never thought that the police machinery could be so drilling and pointless, until I applied for an arms License on inheritance grounds at the Pune CP office. Though the CP said your grounds are valid and don't worry, I came to know my application was rejected. Grounds - no threat to life!

Well I called em up and they said I can reppeal to the Home Ministry office via their Pune branch. If anyone has any leads or contacts or personal experience then please share with me - I moved to Noida in April' 15 and will have to do some running around. Any info helpful is welcome. Thanks for your time to read this, and wish you a great day ahead!

Regards,
Kamal [emoji67] Aam aadmi

[goodboy_mentor]

When you used to reside in Pune, you have applied for license at Pune licensing authority. Now you reside in Noida. Now you want to appeal to the Central Ministry of Home Affairs in New Delhi for rejection of that application by Pune licensing authority. Is my understanding correct?

Are you normally residing at Pune? Are you normally residing at Noida? Or normally residing at both places?

[sekhonkamal]

Thanks for your revert goodboy_mentor! I stay in Pune, my permanent address is Pune (driving License, adhar card, voting constituency ...everything). I used to work in Mumbai, wherein I used to visit office few days a week. I applied for a license in Pune, got rejected, now going to apply to home dept. Maharashtra government (which is in Mumbai). I got the rejection when I was still in Pune. Recently (17 days back) I had to move to Noida for work, and I am planning to initiate repeal to Maharashtra State Home Dept. (Since my licensing authority is Pune) while I am in Noida - because I don't know when I will visit Pune next (which won't happen for a few weeks). I just want to ensure my application is water tight and touching the right essentials. The CP was very sure I deserve the License (based on my one to one with the CP) - but eventually got rejected for God knows what reason (though official reason is 'no present threat to life'. If you could guide me on my application that'd be great. Warm regards and thanks, Kamal

[sekhonkamal]

I responded to your questions but somehow the response wasn't captured.
I stay in Pune, all my details - DL, adhar card, voter rights and permanent residence is Pune. I received the news of my application getting rejected while I was at Pune. Recently (17 days back) I moved to Noida, and won't be back to Pune for a few weeks. Thus reappealing to Home Dept Maharashtra Gov (HQ in Mumbai) while I am in Noida. I stay proper in Pune, Noida is short term. Hope this answers your queries. I need some expert to word my reappeal application succinct and cover all essentials Secy Special would need. Any help on this would be highly appreciated. Thanks and regards, Kamal

[sekhonkamal]

*expert advice

[sekhonkamal]

Hello good boy! Thanks for your revert.

My proper residence is Pune (DL, Adhar card, voting constituency all are in Pune address). Recently (17 days back) I moved to Noida. I will not be back to Pune for weeks and need to do the spade work while I am in Noida. I have to reappeal to the Home dept. Maharashtra government (office in Mumbai). Any advice on what to cover in the application so as to make things clear and accurate. I had applied for License under inheritance laws, while my rejection grounds were - 'no threat to life'.

Any help is appreciated!

Thanks and regards!
Kamal

[goodboy_mentor]

If you want to personally appeal to Home Department, then you will have to find out the procedure, fees, performa of appeal etc. If you are engaging any lawyer, he will find out everything himself. The zist or essence in your appeal can be the following points -

(1) The licensing authority has not applied its mind accurately in a judicial manner, did not give due care and attention to the provisions of Arms Act 1959. The reason for rejection by licensing authority is "no threat to life". It has no legal basis whatsoever under the Sections 9 and 14 of Arms Act 1959. The reason is not only vague but also is a pure figment of some wild imagination. The Hon'ble Supreme Court in Ranjit Singh Etc. Etc vs Union Of India on 26 September, 1980 has said “An applicant for a license is entitled to have it considered in accordance with the terms of the statute and to press for its grant on the basis of the criteria set forth in it”. It also means the licensing authority has no authority to step in the shoes of Parliament and start legislating but has to strictly remain within the four walls of Arms Act 1959.

(2) It is matter of settled law that rights are broadest in amplitude and powers are narrowest. Using this fact of settled law, a cursory reading of Section 13(3)(a) of Arms Act 1959 makes it very clear, it is every citizen's right to possess all kinds of firearms for all lawful purposes, and is not just limited to only “smooth bore gun having a barrel of not less than twenty inches in length”. The Section 13(3)(a) of Arms Act 1959 has to be strictly followed for every citizen. This citizen's right under Section 13(3)(a) is flowing directly from citizen's fundamental right to keep and bear arms under Article 19(1)(b) of the Constitution. If regrettably this right needs to is to be restricted or denied, it has to be restricted or denied only as per due process of law in narrowest and least restrictive limits. The due process of law for denial has been clearly laid down by Parliament in Sections 9 and 14 of Arms Act 1959. It has to be followed in narrowest and least restrictive limits.

(3) Section 13(3)(b) of Arms Act is talking about express licenses for commercial activity of persons(non citizens, including legal entities/ legal fictional persons like body corporates, companies, organizations etc.) within the confines of Part XIII of the Constitution. Since Section 13(3)(a) has been clearly and specifically enacted for citizens, there is no question of applicability of Section 13(3)(b) for citizens for possessing any firearm. It also needs to be noted that the firearm in question is a family heirloom property and it is also a Constitutional right under Article 300A. It cannot be deprived arbitrarily without due process of law.

(4) Since it is not the applicant but the State under strict burden to justify denial of any license, that is why Section 14(3) of Arms Act 1959 makes it mandatory for licensing authority to give in writing the reason for refusal so that matter can be taken to High Court or Supreme Court. It would be in best interest of Arms Act 1959, law and justice if this matter is settled as per provisions of Arms Act 1959 by the appellate authority. It would also save the valuable time of High Court or Supreme Court. Since the matter is directly related to Articles 19, 21 and 300A, requesting to settle this matter at the earliest.

You can also show this and the following post to your lawyer if and when you engage him http://indiansforguns.com/viewtopic.php ... 38#p230480 An experienced lawyer dealing in commercial and constitutional law will understand everything.

[sekhonkamal]

Wow that's some good information good boy_mentor. I read the whole post and have realized the constitution has set good provisions . as for the re appeal, I have sent the letter and docs to special Secy home dept Mah government, yesterday only. I hope something positive comes through. Will keep you posted! Wish you a great Friday and fun weekend ahead!!

[goodboy_mentor]

Wish you a great Friday and fun weekend ahead!!

Thank you and wish the same to you!