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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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Joined: Mon Jan 02, 2017 5:47 pm

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, not in the conventional sense or context but in the unconventional sense. Hardly any of the worthies in New Delhi are able to realize the enormity of the 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


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