• Advertisement
Kiehberg.in -  Outdoor gear and sports equipment

New Arms Rules 2016 notified by Government of India!

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!
User avatar
mundaire
Posts: 4626
Joined: Mon May 22, 2006 5:53 pm
Location: New Delhi, India
Contact:

Re: New Arms Rules 2016 notified by Government of India!

Postby mundaire » Tue Dec 13, 2016 12:04 pm

Right now, just wait and watch. The new arms rules 2016 have gone to the Home committee for their recommendations/ suggestions.


"Political tags - such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth - are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire." -- Robert Heinlein

IFG Facebook Page
IFG on Twitter

FIGHT FOR YOUR RIGHTS - JOIN NAGRI NOW!

www.gunowners.in


sa_ali
Posts: 867
Joined: Fri Mar 23, 2007 9:50 pm

Re: New Arms Rules 2016 notified by Government of India!

Postby sa_ali » Tue Dec 13, 2016 2:55 pm

mundaire wrote:Right now, just wait and watch. The new arms rules 2016 have gone to the Home committee for their recommendations/ suggestions.

for good i hope



gun nut
Posts: 20
Joined: Mon May 19, 2008 3:30 pm
Location: Mysore

Re: New Arms Rules 2016 notified by Government of India!

Postby gun nut » Sat Dec 17, 2016 7:19 pm

Do the new Arms Rules permit the possession of a .177 air rifle without a license or any permit ? Do they permit the possession of more than one ? If a .22 is sleeved down to .177 would it be legal ?
Could anyone on the forum please let me know .
Thanks.



rahul_does
Posts: 51
Joined: Thu Apr 01, 2010 11:33 am
Location: Yamunanagar, India, My bike, wherever I keep my bag.
Contact:

Re: RE: Re: New Arms Rules 2016 notified by Government of India!

Postby rahul_does » Tue Dec 20, 2016 8:28 am

mundaire wrote:Renewal fees have been exponentially increased to ₹1,500 per firearm (i.e. ₹500 per year for three years). The idea seems to be to prevent people from owning firearms by making it unaffordable for most.

I paid 3500 for a pistol! Welcome to #AchheDin!

Sent from my MotoG3 using Tapatalk

Added in 3 minutes 40 seconds:
goodboy_mentor wrote:
Anand wrote:"Hello all,
What ever the legal course we take, to either object to the new Rules, or vie for changes etc. the points of concern are:
.


1. What's the scene on a pointwise brief?

2. Also, that authority letter giving one person the power to file and attend dates on behalf of a group.

Waiting,

Ra.

Sent from my MotoG3 using Tapatalk


Time heals many wounds and time wounds many heels.

rahul_does
Posts: 51
Joined: Thu Apr 01, 2010 11:33 am
Location: Yamunanagar, India, My bike, wherever I keep my bag.
Contact:

Re: RE: Re: New Arms Rules 2016 notified by Government of India!

Postby rahul_does » Tue Dec 20, 2016 8:34 am

goodboy_mentor wrote:
Anand wrote:"Hello all,
What ever the legal course we take, to either object to the new Rules, or vie for changes etc. the points of concern are:
.


1. What's the scene on a pointwise brief?

2. Also, that authority letter giving one person the power to file and attend dates on behalf of a group.

Waiting,

Ra.

Sent from my MotoG3 using Tapatalk

Added in 5 minutes 45 seconds:
Anand wrote:" by goodboy_mentor » Thu Oct 20, 2016 19:18
Requesting everyone to post the objectionable rules with your reasoning."

Please add more concerns/ points to this list so it can be used to tweak the new rules.
Regards,
Anand"


I am collecting all this in a notepad.
Thanks.

Sent from my MotoG3 using Tapatalk


Time heals many wounds and time wounds many heels.

rahul_does
Posts: 51
Joined: Thu Apr 01, 2010 11:33 am
Location: Yamunanagar, India, My bike, wherever I keep my bag.
Contact:

Re: RE: Re: New Arms Rules 2016 notified by Government of India!

Postby rahul_does » Tue Dec 20, 2016 8:40 am

Anand wrote:" by goodboy_mentor » Thu Oct 20, 2016 19:18
Requesting everyone to post the objectionable rules with your reasoning."

Please add more concerns/ points to this list so it can be used to tweak the new rules.
Regards,
Anand"


I am collecting all this in a notepad.
Thanks.

Sent from my MotoG3 using Tapatalk

Added in 6 minutes 6 seconds:
mundaire wrote:Nice thought, but those aren't Indian soldiers in that photo... they are Hollywood actors!

Joking, Sir.

Sent from my MotoG3 using Tapatalk


Time heals many wounds and time wounds many heels.

goodboy_mentor
Posts: 2661
Joined: Sun Dec 07, 2008 12:35 pm

Re: RE: Re: New Arms Rules 2016 notified by Government of India!

Postby goodboy_mentor » Tue Dec 20, 2016 12:34 pm

rahul_does wrote:1. What's the scene on a pointwise brief?
The scene is good. Since these Arms Rules 2016 have not got approval from both houses of Parliament in time as stipulated in Section 44(3) of Arms Act 1959, it has lost it's "force of law". Accordingly will be making changes to the brief. If government is still implementing Arms Rules 2016 then it is illegal because they do not satisfy Section 44(3) of Arms Act 1959. Any documentary proof about this(implementing of Arms Rules 2016 without Parliamentary approval, like charging higher fees as per Arms Rules 2016 etc.) would be added benefit.

Supreme Court lacks jurisdiction in legislative domain of Parliament. Since the Arms Rules 2016 now do not have "force of law" and are already sent for review with Parliamentary Standing Committee on Home Affairs, I think it does not make sense to take the provisions of Arms Rules 2016 for judicial review. Instead we can petition the Supreme Court to direct the State to stop using Arms Rules 2016 and continue using Arms Rules 1962, until Arms Rules 2016 gets Parliamentary approval to the satisfaction of Section 44(3) of Arms Act 1959.

It will be better to only concentrate on the provisions of Arms Act 1959 and concentrate to find which provisions of Arms Act 1959 are ultra vires of Constitution, which provisions are against natural justice, cause gross injustice due to lack of clarity or go against catena of judgments of Supreme Court in support of Right of Private Defense and thus require Supreme Court to read into and/ or read down the concerned provisions of Arms Act 1959. What does your lawyer say about this? Please let me know, I will proceed accordingly.


All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche

marksman
Posts: 555
Joined: Tue Mar 13, 2007 8:28 pm
Location: India

Re: RE: Re: New Arms Rules 2016 notified by Government of India!

Postby marksman » Wed Dec 21, 2016 11:11 am

goodboy_mentor wrote:
rahul_does wrote:1. What's the scene on a pointwise brief?
The scene is good. Since these Arms Rules 2016 have not got approval from both houses of Parliament in time as stipulated in Section 44(3) of Arms Act 1959, it has lost it's "force of law". Accordingly will be making changes to the brief. If government is still implementing Arms Rules 2016 then it is illegal because they do not satisfy Section 44(3) of Arms Act 1959. Any documentary proof about this(implementing of Arms Rules 2016 without Parliamentary approval, like charging higher fees as per Arms Rules 2016 etc.) would be added benefit.



Does this mean the former acts prohibiting semi Auto shotgun, 45acp as PB and other perks that we have been offered in the 2016 Arms rules would be re instated as well? we should weigh our pros against cons and decide I guess.
Marksman



goodboy_mentor
Posts: 2661
Joined: Sun Dec 07, 2008 12:35 pm

Re: RE: Re: New Arms Rules 2016 notified by Government of India!

Postby goodboy_mentor » Wed Dec 21, 2016 12:51 pm

marksman wrote:Does this mean the former acts prohibiting semi Auto shotgun, 45acp as PB and other perks that we have been offered in the 2016 Arms rules would be re instated as well? we should weigh our pros against cons and decide I guess.
Arms Act 1959 is the main legislation, Arms Rules is the subordinate legislation laying down the paperwork to administratively implement Arms Act 1959. Arms Rules or it's interpretation has to stay within the four walls of Arms Act 1959. The Parliamentary objects and reasons of Arms Act 1959 are to make the possession of guns much more easier than Arms Act 1878 enacted by the colonial British rulers. It therefore also means that Arms Act 1959 or it's Rules must be interpreted in the least restrictive manner. That is why Arms Act 1959 does not make distinction between non semi auto and semi auto. Arms Act 1959 only makes distinction between non full auto and full auto(least restrictive distinction in spirit of objects and reasons of Arms Act 1959).

When Arms Rules 2016 is read with "legal eye" I am unable to find any real "perks" in it except a lot of "honey traps". These apparent perks are only to lure some in order to create confusion and divisions. If read with "legal eye" over all Arms Rules 2016 is much more restrictive as well as adding more confusion, all to the benefit of embedded corrupt and vested interests in the establishment. In my opinion the honest and objective "interpretation" of Arms Act 1959 by courts is far more important than anything in Arms Rules because Arms Rules anyways have to remain within the four walls of Arms Act 1959 and it's judicial/ judicious interpretation.


All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche

darkntwrk
Posts: 1
Joined: Tue Dec 27, 2016 6:21 pm

Re: New Arms Rules 2016 notified by Government of India!

Postby darkntwrk » Tue Dec 27, 2016 7:09 pm

Licences for import and export of arms and ammunition.─ The grant of licences for import and export of
arms and ammunition under these rules shall be subject to the provisions of the Foreign Trade (Development
and Regulation) Act, 1992 (22 of 1992). The persons bringing into India the arms and ammunition as a part of
their personal baggage shall be governed by the Customs Act, 1962 (52 of 1962) and the rules made there
under:
Provided that a licence shall not be granted for the import or export for re-import of any arms or ammunition
through the medium of post office.
88. Import of arms and ammunition.─ (1) Arms or ammunition shall be deemed to have been brought into India
by a person, when such arms or ammunition are imported through an agent and are either consigned to such
person direct, or consigned to the said agent, if the agent possesses a certificate from the said person that the
arms or ammunition are bonafide his property and the agent only clears the arms or ammunition from the
Indian customs and forwards the same.
(2) The dealer or manufacturer, who wants to import a firearm or parts of firearms or ammunition shall file an
application for grant of a licence in Form X at least twenty-one days before the shipment of the firearm or
ammunition to India or on good cause shown, such shorter period, as the licensing authority in his opinion
deem fit and shall not arrange for the shipment of the firearm or ammunition prior to the issuance of the
import licence.
(3) The licensing authority granting the licence shall forthwith send a copy of the licence to the licensing
authority having jurisdiction at the port of import.
(4) The dealer or manufacturer shall immediately on the arrival of the shipment of firearms or parts of firearms
or ammunition in India, notify the licensing authority as well as the licensing authority for the port of entry
where the shipment has arrived, in writing of the arrival and provide the particulars of the container or
consignment and place where the shipment can be inspected and the importer licensee shall not open the
¹Hkkx IIµ[k.M 3(i)º Hkkjr dk jkti=k % vlk/kj.k 181
container or the consignment of firearms or ammunition before an inspection is conducted by the licensing
authority of the port in presence of the Indian customs authority at the port of entry in India.
(5) The dealer or manufacturer shall within seventy-two hours of the arrival of the firearms or ammunition in
India, ─
(a) arrange with the licensing authority of the port of entry to physically inspect the firearms or ammunition;
and
(b) on finalisation of the physical inspection, certify in writing to the licensing authority, who issued the
import licence, that the imported firearms or ammunition corresponding with the import licence, have arrived
in India.
(6) Any delay in carrying out the inspection referred to in sub-rule (5) within seventy-two hours resulting in
any additional charges or demurrage shall be attributed to the licensing authority at the port of entry and the
customs authority and not the importer licensee.
89. Import of certain type of arms.─ (1) Import of replicas of contemporary or modern firearms shall be subject
to submission of certificate of innocuousness from the manufacturing company of the country of export and an
undertaking from the importer that the replicas of the firearms to be imported are incapable, even with
modification, of expelling or launching a shot, bullet or projectile by the action of an explosive charge or
compressed air or any other gas.
(2) Import of paintball markers or paintball guns shall be subject to submission of certificate from the
manufacturing company of the country of export that the muzzle energy of the paintball markers or guns does
not exceed 90 m/s or 300 ft./s (300 fsp) and an undertaking from the importer that the paintball markers or
paintball guns shall be sold only through an authorised arms and ammunition dealer registered under these
rules.
(3) (a) Import of electronic disabling devices (EDD) shall be subject to submission of medical research reports
on the technology used in such products, at the time of submitting application for import to the licensing
authority, which shall include –
(i) physiological effect of prolonged discharge on intoxicated adults;
(ii) echocardiography evaluation of probes deployed into the chests of human volunteers;
(iii) implanted pacemaker;
(iv) repeated or long duration exposure: Academia and lack of respiration;
(v) cardiovascular effects;
(vi) physiological effects of exposure after exercise;
(vii) lactate and pH evaluation in exhausted humans;
(viii) non-impairment of basic respiratory parameters during fifteen second device application.
(b) an undertaking from the importer that all types of electronic disabling devices (EDD) irrespective of their
range shall be sold only through authorised arms and ammunition dealers having a licence under these rules



goodboy_mentor
Posts: 2661
Joined: Sun Dec 07, 2008 12:35 pm

Re: New Arms Rules 2016 notified by Government of India!

Postby goodboy_mentor » Wed Dec 28, 2016 9:50 am

darkntwrk this forum is already aware of what you have copied and pasted. It would have been better if you would have expressed what you want to express in a simple manner instead of just copy pasting the matter which is already available on this forum as well as internet.


All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth. - Friedrich Nietzsche

User avatar
kesh1982
Posts: 83
Joined: Tue Aug 30, 2011 7:25 pm

Re: New Arms Rules 2016 notified by Government of India!

Postby kesh1982 » Wed Dec 28, 2016 3:27 pm

All of this is super confusing. If the law hasn't been approved by both houses and published in the gazette then is it a law or not a law??



User avatar
mundaire
Posts: 4626
Joined: Mon May 22, 2006 5:53 pm
Location: New Delhi, India
Contact:

Re: New Arms Rules 2016 notified by Government of India!

Postby mundaire » Wed Dec 28, 2016 3:54 pm

It IS THE LAW unless it lapses. It would lapse if not approved by Parliament within the specified timeframe, for now we are stuck with it.


"Political tags - such as royalist, communist, democrat, populist, fascist, liberal, conservative, and so forth - are never basic criteria. The human race divides politically into those who want people to be controlled and those who have no such desire." -- Robert Heinlein

IFG Facebook Page
IFG on Twitter

FIGHT FOR YOUR RIGHTS - JOIN NAGRI NOW!

www.gunowners.in

nitroex700
Posts: 103
Joined: Tue Jul 19, 2016 3:49 pm

Re: New Arms Rules 2016 notified by Government of India!

Postby nitroex700 » Wed Dec 28, 2016 4:00 pm

mundaire wrote:It IS THE LAW unless it lapses. It would lapse if not approved by Parliament within the specified timeframe, for now we are stuck with it.

It was supposed to have been passed in the winter session, which clearly didn't happen... So what's the current status?




Return to “The Legal Eagle”

Who is online

Users browsing this forum: No registered users and 4 guests