Blank gun detained at customs - please help

[vipinvalandry]

Dear All.
Myself vipin am from kerala.i am a new member in the forum two months back I purchased a Blank gun from spain and couriered through FEDEX when the parcel reached at Bangalore our customs identified that as a restricted item and now they required “rifle association membership” to release the parcel. Unfortunately I don’t have like documents to submit. From two moths am searching for an advice from a person who have knowledge regarding the subject kindly if anyone know regarding this please advice

[goodboy_mentor]

Dear All.
Myself vipin am from kerala.i am a new member in the forum two months back I purchased a Blank gun from spain and couriered through FEDEX when the parcel reached at Bangalore our customs identified that as a restricted item and now they required “rifle association membership” to release the parcel. Unfortunately I don’t have like documents to submit. From two moths am searching for an advice from a person who have knowledge regarding the subject kindly if anyone know regarding this please advice

Following is a friendly advise/ idea and not a "legal advice". Are the customs asking for "rifle association membership" for releasing this blank gun in written or verbally? If asking in verbal then politely persuade them to give this to you officially in writing so that you may get membership of rifle association. Once you have their demand in writing, only then, inform them in writing(referring to their demand of producing rifle club membership) that Arms Act 1959 does not apply to blank guns since it does not fire a projectile, thus is not a firearm as per definition of "firearm" in Arms Act 1959. Therefore they should release it to you at the earliest. If still not releasing you may raise your complaint to their seniors.

[vipinvalandry]

Good Boy !!! thanks for your information . i triggered a mail to FEDEX stating the same in 1959 arms rules.they informed me that they will submit the rules to Bangalore customs. when i receive feedback i will pass the information.

[vipinvalandry]

Bangalore Customs reported - they are not giving clearance for my shipment kindly advise what to do next .

[mundaire]

As per Arms Act only objects which are capable of being used for offence or defence can be classified as arms. Furthermore, the Arms Act clearly defines a firearm, which requires it to have the ability to fire a projectile.

Either get a lawyer to help you out or draft your own response after reading the Arms Act 1959 (available for download under the legal eagle section here).

LASTLY - PLEASE DO NOT HIJACK a thread and take it OT. In stead start an appropriately titled thread under the correct section here.

[goodboy_mentor]

Bangalore Customs reported - they are not giving clearance for my shipment kindly advise what to do next .

Following is a just friendly advise/ idea and not a "legal advice" -

ITC(HS) Code 93040000 is applicable for Other Arms (for example, spring, air or gas guns and pistols, truncheons), excluding those of heading 9307

Because reproduction of jackal dual blank toy gun is just an imitation of firearm, like those used by children during festival seasons like Diwali etc. and not a real firearm like pistols or air guns which can fire projectiles, ITC(HS) Code 93040000 is not applicable.

A reproduction/ imitation of jackal dual blank toy gun is neither an arm nor a firearm can be confirmed by reading the relevant extract from Sections 2(c)&(e) of Arms Act 1959 mentioned hereunder -

(c) "arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;

(e) "firearms" means arms of any description designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy,........

Because the reproduction of jackal dual blank toy gun is neither an arm nor a firearm, the entire Chapter 93 of ITC(HS) Codes related to arms, firearms and ammunition of Exim Policy is not applicable.

If they use ITC(HS) Code 95030030 as was used earlier in print, it should serve your purpose.

[vipinvalandry]

Really fed-up with our Bangalore customs long 3 month am behind this blank gun now they are not replying my emails.

[mundaire]

See the new Arms Rules 2016, now blanks need a license just the same as real guns. Best leave it be, lest they prosecute you for trying to import an illegal gun

[vipinvalandry]

OMG-New Arms rules 2016 is in action or not ? i heard that its under process for approval ?

[goodboy_mentor]

Really fed-up with our Bangalore customs long 3 month am behind this blank gun now they are not replying my emails.

It might be useful if you consult any local lawyer dealing with customs. You may search the customs website and see if they have any grievance redressal mechanism. Follow that. If all options exhausted, may lodge grievance at http://pgportal.gov.in/ with Finance Ministry. If still not resolved, you may have to take help of courts.

Since blank gun is neither an arm nor a firearm, the licensing authority under Arms Act 1959 cannot issue license for something that is neither an arm nor a firearm. Such requirement of license if any is void ab inito under the Arms Act 1959.

[marksman]

Pardon me for going off the topic a wee bit. Visited an Arms Dealer today and he flashed out the brand new Arms Act Gazette (2016) in print. I asked for a spare and was informed that its already in short supply. Needless to say that this Latest amendment is there to stay guys.
No Lok Sabha and Rajya Sabha debate on passing/rejecting this stuff business anymore.

Marksman

[SMJ]

Hi Marksman, as Mundaire has explained in another thread, the new Arms Act can be enforced by law as of now, but its possible it may not pass and will cease to be enforceable in that case.

[goodboy_mentor]

Yes Arms Rules 2016 is fully subject to approval, modification or rejection by Lok Sabha and Rajya Sabha.

[Trajeev]

Few copies of the New Arms Rule 2016 notification are available with Mr.Abhijit Purao at the original cost Rs.220+courier. Those who are interested,please contact him on [email protected]

[Trajeev]

SORRY Friends , It is a complete book THE ARMS ACT,1959 along with The Arms Rules,2016-Total 200 Pages. I got it today.