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

Postby goodboy_mentor » Wed Dec 28, 2016 6:16 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.
Hasn't it already lapsed by failing to satisfy Section 44(3) of Arms Act 1959? If no then why no?

It is well settled matter of law that Rights need to be interpreted in widest possible manner and Powers need to be implemented in narrowest possible manner consistent with the words in the statute. Section 44 of Arms Act 1959 is very clear that rule making is power delegated to government subject to approval of Parliament within 30 working days of Parliament. It means Section 44(3) needs to be satisfied strictly consistent with the words in it. Section 44(3) of Arms Act 1959 is very clear that the Notification needs to get approved within 30 working days of both houses of Parliament. Are 30 working days of Parliament not over since the Notification?


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

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

Postby Asim ali » Mon Jan 02, 2017 6:46 pm

HI,

As the new Law says, .22 air rifle is required Licence.

My question is what the people do, who already have .22 air rifle.?
Does any body have the clear picture on that.?



K1eaner
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Re: New Arms Rules 2016 notified by Government of India!

Postby K1eaner » Fri Jan 13, 2017 3:26 pm

Asim ali wrote:HI,

As the new Law says, .22 air rifle is required Licence.

My question is what the people do, who already have .22 air rifle.?
Does any body have the clear picture on that.?


My guess would be that the owners ought to apply for a license. There is no indication to submit those rifles to any authority, so I guess the owners can hold onto them, but may not be allowed to use them at the range.

License for a .22 is ridiculous, it's not a strong enough caliber to harm a human. Nevertheless, we live in a country where there are laws, my thoughts are to get the required permits to own such weapons, show responsible use and appeal to the govt to revoke required permits for small caliber guns.

In the past week I've spoken to local gun dealers in Hyderabad, they have .22 caliber rifles but refuse to sell them, same goes for ammunition, they refused to sell any. They were more inclined in me buying a .177 caliber airgun. Another shop stated that even though the law has been passed, it has not been in effect and I can buy the gun and pellets should I choose to. Won't name names on an open thread for obvious reasons.

Basically, the dealers here seem to be split interms of how things are. Have any other Hyderabad members experienced anything different?



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

Postby rahul_does » Mon Jan 16, 2017 5:34 am

So, do we file that PiL in the Supreme Court or not?

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

Postby goodboy_mentor » Mon Jan 16, 2017 2:15 pm

rahul_does wrote:So, do we file that PiL in the Supreme Court or not?
Of course why not? Please check your email.


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

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

Postby SMJ » Mon Jan 16, 2017 4:16 pm

Gents, would it not be a better idea to wait and watch the conclusion of the ministry post the the review currently underway for the new Arms Act 2016 before going ahead?



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

Postby goodboy_mentor » Mon Jan 16, 2017 8:20 pm

SMJ wrote:Gents, would it not be a better idea to wait and watch the conclusion of the ministry post the the review currently underway for the new Arms Act 2016 before going ahead?
The kind of politics that is going on in this country with some rare little known exceptions, is mainly "mock fighting" going on between various political parties. The overall agenda and path of the flight remains the same despite the circus going on. As one Roman ruler had said show circus to the people to keep them amused and busy. This is exactly going on. Last time the Standing Committee on Home Affairs(composed of mainly BJP M.P.s) had slammed the Congress government's proposed amendments to Arms Act. Now they themselves are in government, instead of following their own "recommendations" they have done much worse than what Congress government had done. Same drama will most probably get repeated. At least one can hope that Supreme Court will give some sane and sensible judgment and the concerned politicians instead of playing politics(mock fighting), will listen and do something honestly with sincerity.

Just see and listen to these videos, they are self explanatory. They do not need licenses. Do not want to name the countries, practically all the neighboring countries, in one way or the other, are ganged up against the Indian State. The wise men of New Delhi living in their ivory towers and dream lands, want to ensure no meaningful second line of defense because they are afraid of their own shadows. Can anyone make them see some sense?

https://www.youtube.com/watch?v=J2VO0PQtE7I

https://www.youtube.com/watch?v=YynvKNYBkhc


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

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

Postby SMJ » Mon Jan 16, 2017 11:12 pm

Agree with you GBM especially on the political points!
Pardon my naivety in these matters and I'm certainly no legal beagle - just expressing a personal opinion. Maybe a PIL at this juncture could rub all political parties the wrong way. Knowing how things work here what if the Supreme Court does not agree to pro gun views and on the contrary make more recommendations to the Act, possibly against what we all hope for. At this stage it could either way. If the Arms act 2016 does becomes the law unquestionably, then it may be worth filing a PIL as there would be nothing to lose.

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

Postby goodboy_mentor » Tue Jan 17, 2017 1:57 pm

SMJ wrote:Maybe a PIL at this juncture could rub all political parties the wrong way. Knowing how things work here what if the Supreme Court does not agree to pro gun views and on the contrary make more recommendations to the Act, possibly against what we all hope for. At this stage it could either way. If the Arms act 2016 does becomes the law unquestionably, then it may be worth filing a PIL as there would be nothing to lose.
The political parties are really not bothered about RKBA in any way or manner because their constituencies are ignorant. They know that they can fool and polarize them to get votes by doing mock fighting, by whipping up religious fanatic or casteist passions or giving a bottle of country liquor or drugs or a 500 rupee note. So they are least bothered about what is going to Supreme Court or not. Personally I do not think anything worthwhile is going to come from politicians or the bureaucrats unless their asses are on fire like it happened in 1962. Chances of repeat of something similar to 1962 or even worst are fairly high. Hardly any of the worthies in New Delhi are able to realize the enormity of the possible coming problem. At the most, going to Supreme Court is a reasonably calculated risk worth taking. This is just my personal opinion, it might be wrong or maybe not.


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

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

Postby krishh » Wed Feb 01, 2017 7:18 pm

hi guys, i am new here. i am from wb today i visited a local arm dealer who sold me my .22ar . he said as of today it is ok to have that gun. but after February i will require a licence and according to him it will be easier to obtain for an air rifle. but my own conclusions are different.
first, it will not be easy because it will be considered a true firearm and eligibility condition will be same as a rifle or any other gun under category ( III )
2. the real intention of the govt. is to exclude .22 from licence-less category and not to include it into a licensed category,that is only done to make the gun unavailable for amature "undedicated" target shooter like me. so there will be no real place for a spring piston .22 rifle and under no circumstances a licence will be issued.
And i think they will pass the rule in the parliament this month may be that is why the seller told me about march.



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

Postby goodboy_mentor » Thu Feb 02, 2017 2:10 pm

krishh wrote:And i think they will pass the rule in the parliament this month may be that is why the seller told me about march.
As per Section 44(3) of Arms Act 1959, the Arms Rules after being notified, have to be passed by both houses of parliament within 30 working days. If these conditions are not fulfilled, Arms Rules is not equal to law. Anyway it is always better to contact and convince your local Member of Parliament to not allow the Arms Rules to be passed. Moreover can email all the members of Parliament, their emails are available on Rajya Sabha and Lok Sabha websites. Also Rajya Sabha can be petitioned with proper demands and questions. May read this post here viewtopic.php?f=1&t=24906#p246360


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

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

Postby krishh » Sun Feb 05, 2017 4:07 am

guys i want to draw your attention to a point. I've been searching and found out a notification, in the mha internal security ii website , dated 27 th January 2017. it is a clarification for the state govts regarding the new pb and npb classification in which arms rule 2016 is mentioned. Does that mean the rule was in force in January? can any one clearly tell me what is the present status of the rule?



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

Postby mundaire » Mon Feb 06, 2017 5:25 pm

As of now the Arms Rules 2016 continue to be in force.


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

Postby snehasingh » Wed Feb 15, 2017 12:44 pm

A cursory read reveals that the orange at the ministry has not applied any reason or logic while drafting these rules. Replicas, pellet guns blank guns, paintball markers, and blank guns are ALL to be now treated the same as firearms – requiring an arms license, failing which the penalties would be the same as those for a terrorist/ criminal in possession of an AK 47.



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

Postby SMJ » Fri Feb 17, 2017 10:27 am

May be a bit OTT here but this seems even more ridiculous than our proposed Arms Act :roll:

http://airweapon.scot/faqs/




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