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

Post by goodboy_mentor » Sat Jul 23, 2016 10:03 am

Haven't patiently gone through the document. Following are my personal thoughts based on quick reading of what has been shared in this thread -

1. Yes it is one step forward and ten steps backwards.

2. Three firearm limit remains since the main enactment is Arms Act 1959. Rules are made to implement the Arms Act 1959. Rules are sub ordinate legislation to implement Arms Act 1959. Rules cannot override or contradict Arms Act 1959. Air guns are "firearms"(since they fire projectiles) as per definition of firearms in Arms Act 1959. Only those air guns that are "exempt" from licensing will be able to escape the three firearm limit.

3. The law for edged weapons does not appear to have been changed. Why? Because the requirement of license or no license still depends on Notification issued under Section 4 of Arms Act 1959.

What is the solution to the problems created by these Rules? Either approach the members of Parliament or approach the courts.
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Re: New Arms Rules 2016 notified by Government of India!

Post by kanwar76 » Sat Jul 23, 2016 11:01 am

winnie_the_pooh wrote:While many members have commented on the negatives, there are a lot of positives as well.
1. The list of restricted arms has come down. .45 ACP can now be bought on a license issued by the local licensing authority. You can own a semi auto rimfire rifle and shotgun now..308 Winchester and .223 can also be owned by an ordinary licensee.

2.There are detailed provisions for conversion and shortening of firearms.
This has no meaning and is useless until imports are opened and licensing made easier by reducing khaki interference.


winnie_the_pooh wrote: The MAJOR change is the provision to allow the manufacture and sale of arms by private manufacturers to Indian citizens. We are buying and selling arms, some of which are as old as our grandfathers, for a small fortune. While some would be sceptical about this going through and some one getting a license, I am hopeful that this would happen. Reminds me of what the situation was with regard to imported cars before automobile sector was opened up.
Is it only for homegrown manufacturers or likes of Beretta can open factories and outlets?


BTW did somebody notice that to apply license under sports category you need to be a member of a club since last 2 years or am I wrong in my interpretation?

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

Post by nitroex700 » Sat Jul 23, 2016 12:15 pm

Chengy wrote:Will this be with retrospective effect ? If one owns a 0.22 air rifle, does it have to be surrendered till a license is given ? If one already owns a license, will it be exclusive of the three weapons permitted. Legal eagles may please enlighten.
This is something I'm also confused & bothered about. With millions of .22 ARs in India, rule#84 is going to cause major nuisance.. No clarity of licensing procedure for ARs or the numbers.. If air rifles are going to be treated as rifles then the number might be limited to just one!

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

Post by winnie_the_pooh » Sat Jul 23, 2016 2:14 pm

How about an Indian made .45 pistol?
Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their consciences.

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

Post by goodboy_mentor » Sat Jul 23, 2016 3:46 pm

winnie_the_pooh wrote:How about an Indian made .45 pistol?
Yes, provided you are issued a license, the main the obstacle.
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Re: New Arms Rules 2016 notified by Government of India!

Post by Big Daddy » Sat Jul 23, 2016 4:52 pm

If my understanding is right, even if I (by fluke) get an arms license for a .22 air rifle, and I still am not a "Arjunaa awardee", "International medalist / renowned shooter", "Junior target shooter", "Aspiring shooter" (Part II. Sec 3, 40) then referring to Part II. Sec 3, Chapter I, 2 (9), I am only entitled to 200 pellets (bullets as per the government's definition) a year (Part II, Sec 3, 23). With this quota, I can generously shoot 0.55 pellets a day (yes half a pellet a day). Someone pleeeeaaaasssee tell me i'm wrong, plleeeeaaaassseeee!!!!

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

Post by SMJ » Sat Jul 23, 2016 4:57 pm

Visited a couple of gun shops and as of now (today) they have not got a notification to stop sales of .22 AR's..

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

Post by TC » Sat Jul 23, 2016 5:35 pm

Revised licence and renewal fees... Watch the section for air weapons :)


SCHEDULE IV
(See rule 27)
Table A
Fees payable for licences
PART I
LICENCES ISSUED UNDER SECTION 3 FOR ACQUISTION AND POSSESSION
for licence in Form 2:
Licence fee Rs 2000,
Renewal fee for
each subsequent
year
Rs 1000

(a) Handguns – Revolvers/Pistols
(both restricted or permissible)
1000 / 500

(b) Centre fire rifles (semi-automatic) and any other
restricted firearm of category I(b) or I(c)
1000/ 1000

(c) Breach loading centre fire rifles
(not semi-automatic)
1000 /500

(d) .22 bore rim-fire Rifles
(including semi-automatic)
1000/ 500

(e) Smooth bore breech loading shotguns
(including semi-automatic)
1000/ 500

(f) Air Weapons including air rifles and air guns
having muzzle energy exceeding 20 joules or 15 ftlbs.
or bore exceeding 0.177”or 4.5 mm
Firearm replicas
Electronic disabling devices having firing range of
less than 15 feet
Paint ball markers or guns
Blank firing firearms
Muzzle Loading (ML) Guns
Accessories for any firearms designed or adapted to
diminish the noise or flash caused by the firing
thereof:
1000/ 500

(g) Sword, bayonet, dagger and spear lance. 500/ 100
(h) Weapons of category V of Schedule I other than
those mentioned in (g)
500/ 100

Added in 8 minutes 41 seconds:
The training certificate format :

Form S-1
Standard format of training certificate
[See rule 10(1)]
To
The Licensing Authority,
_______________________
Training Certificate
This is to certify the person whose particulars are furnished below has completed the training as stipulated under rule
10(1) of the Arms Rules, 2016 –
1 Name of the person
2 Father’s Name/Spouse Name
3 Residential address
4 Age and date of birth
5 Training period undergone From __/__/__ To __/__/__
6 Details of firearms for which training has been
imparted
(please specify)
1. Handguns
2. Rifle
3. Shotguns
4. Air weapons
7 Purpose of training
(please specify)
1. Application for arms licence
2. Employ with arms dealer
3. Employ with manufacturer
4. Others
The training curriculum included the following modules:
a) basic arms and ammunition safety practices, including safe handling and carry procedures;
b) firing techniques and procedures;
c) care of arms and ammunition;
d) safe storage and transportation of arms and ammunition.

The person named above was also imparted reasonable working knowledge of important provisions of the Arms Act,
1959 and Arms Rules, 2016 relevant to him and made to understand responsibilities of the arms owner or user,
particularly in relation to children.

Date Signatures of the






The forms to be filled up from now on:

Form S-2
Standard format of undertaking for safe storage of firearms
[See rule 10(4)]
To
The Licensing Authority,
_______________________
Undertaking
This is to solely affirm and declare that –
1. I have applied for grant of a new arms licence/renewal of arms licence (bearing number _____________ and
my UIN is __________)
2. I undertake to practice safe storage of the firearm (in knocked down condition) when I am not carrying the
firearm(s) with me.
3. I undertake to educate the children about the dangers of interacting with arms and ammunition.
4. I have the capacity to store the firearm safely and securely in a safe or steel almirah in order to minimize the
risk that it could be stolen or accessed by someone else.
It is hereby solely affirmed that the declaration made above is true to the best of my knowledge and belief and if at any
subsequent date, if any of the said declarations is found false or incorrect, I shall be liable for the same including
cancellation or revocation of my licence and subject to penal provisions under the Arms Act, 1959.
Place: (Signatures of the Applicant/Licensee)
Date:
Note: Enclose proof of safe storage as mentioned at S.No. 4
SEAL



Form S-3
Standard format of medical certificate
[See clause (g) of sub-rule (4) of rule 11)]

(On the letter head of the medical practitioner)
This is to certify that I have carefully examined the person whose particulars are furnished below –
1 Name of the person examined
2 Father’s Name/Spouse Name
3 Residential address
4 Age and date of birth
5 Height
6 Weight (in Kgs)
7 Blood pressure (please specify)
8 Deformity, if any
(particularly in upper limbs)
9 Any other observation
On the basis of examination, it is certified that the person examined as mentioned in column 1 above –
1. is in good physical health and is free from any physical deformity;
2. has been found to be of stable mental condition and is not inclined to violence;
3. has been found not dependent on any substance which has an intoxicating or narcotic effect.
Signature of the person examined named in column (1) _________________
Signature of the medical practitioner ________________________________
Registration Number ______________________________________________
SEAL

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

Post by GNV » Sat Jul 23, 2016 6:29 pm

Big Daddy wrote:If my understanding is right, even if I (by fluke) get an arms license for a .22 air rifle, and I still am not a "Arjunaa awardee", "International medalist / renowned shooter", "Junior target shooter", "Aspiring shooter" (Part II. Sec 3, 40) then referring to Part II. Sec 3, Chapter I, 2 (9), I am only entitled to 200 pellets (bullets as per the government's definition) a year (Part II, Sec 3, 23). With this quota, I can generously shoot 0.55 pellets a day (yes half a pellet a day). Someone pleeeeaaaasssee tell me i'm wrong, plleeeeaaaassseeee!!!!

BD
Dear BD,

If our law makers consider an Air gun as a firearm I don't understand why they left sling shots out of the new rules. They also shoot a projectile. I am wondering which politicians are behind these new rules and what is their objective ?

GNV

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

Post by goodboy_mentor » Sat Jul 23, 2016 6:47 pm

GNV wrote:If our law makers consider an Air gun as a firearm I don't understand why they left sling shots out of the new rules. They also shoot a projectile. I am wondering which politicians are behind these new rules and what is their objective ?

GNV
The politicians have delegated their legislative power to make rules to bureaucracy many decades ago via Section 44 of Arms Act 1959. Now the bureaucracy has issued this Notification. Now it is up to the the worthies we have elected to the Parliament to decide if they approve these Rules in both Houses of Parliament or not.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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

Post by rajaiswal92 » Sat Jul 23, 2016 6:56 pm

Page 152 , Point - 5

So any member of a shooting club of state affiliated by NRAI , upon showing a certificate of membership would be allowed to purchase 600 ammunition of a pistol in an year ? Or am I missing something , if iam just a plain participating member with no records or victory , would i fall in this category ?

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

Post by GNV » Sat Jul 23, 2016 7:19 pm

goodboy_mentor wrote:
GNV wrote:If our law makers consider an Air gun as a firearm I don't understand why they left sling shots out of the new rules. They also shoot a projectile. I am wondering which politicians are behind these new rules and what is their objective ?

GNV
The politicians have delegated their legislative power to make rules to bureaucracy many decades ago via Section 44 of Arms Act 1959. Now the bureaucracy has issued this Notification. Now it is up to the the worthies we have elected to the Parliament to decide if they approve these Rules in both Houses of Parliament or not.
Under such circumstances I don't think any M.P would object to these new Rules because any politician even a small town municipal counselor or a village panchayat member could easily get an arms license irrespective of whether the party he belongs to is in power or not using their political contacts and the bureaucracy wants to keep all political parties happy because nobody knows which party is going to win the next elections. To any politician an ordinary citizen is not important. To them only people who can influence large number of votes are important and such people can get any license they want without any difficulty.

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

Post by SMJ » Sat Jul 23, 2016 7:41 pm

GNV spot on- unfortunately that is the brutal truth!! As Abhijeet said it's a mere formality to have it passed. Let's face it we gun lovers are sadly too few and far between for any politician to really give a damn. Very small glimmer of hope there :(

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

Post by goodboy_mentor » Sat Jul 23, 2016 8:21 pm

What GNV is saying is fairly true. But there is hope. Also being only "gun lovers" is not enough. Creating awareness about importance of RKBA and mass support for it is very important.
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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

Post by GNV » Sat Jul 23, 2016 10:47 pm

To me it including the 0.22 cal air guns in the list of fire arms seems like a warning to the NAGRI and RKBA activists from the bureaucracy. They may remove them from the list before the new rules are presented in the parliament. It is like saying make any fuss about the new rules and we will include the 0.22 airguns also. Otherwise we may exempt them from licensing before these rules become law. I may be wrong though.

Bureaucracy V/S Minority People.

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