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Arms license application rejected

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!
Saahir
Posts: 48
Joined: Mon Jul 10, 2017 5:26 pm

Arms license application rejected

Postby Saahir » Mon Jul 10, 2017 10:59 pm

Hello respected members


I had applied a 12 bore armlicense in rajasthan last year .but DM rejected my application bcoz they did not found any recent life threat .

What should i do to get license



goodboy_mentor
Posts: 2815
Joined: Sun Dec 07, 2008 12:35 pm

Re: Arms license application rejected

Postby goodboy_mentor » Tue Jul 11, 2017 8:35 pm

Saahir wrote:I had applied a 12 bore armlicense in rajasthan last year .but DM rejected my application bcoz they did not found any recent life threat .

What should i do to get license
Threat or no threat is just a figment of wild imagination created by babus, it has no legal value under Arms Act 1959 for citizen of India. If you are not offending Section 9 of Arms Act 1959 and are citizen of India, then under Section 13(3)(a)(i) of Arms Act 1959 you must be issued arms license. This legal right of citizen is flowing into Section 13(3)(a)(i) of Arms Act 1959 from Article 19(1)(b) of the Constitution. Following are the legal steps after rejection -

1. Politely get the reason for rejection of license in writing, with proper sign and stamp. Then appeal to the appellate authority.

2. If still rejected by the appellate authority, approach the High Court. If still rejected approach the Supreme Court.

When required, the following thread would give enough masala for your lawyer viewtopic.php?f=4&t=25102


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

Saahir
Posts: 48
Joined: Mon Jul 10, 2017 5:26 pm

Re: Arms license application rejected

Postby Saahir » Tue Jul 11, 2017 9:52 pm

goodboy_mentor wrote:
Saahir wrote:I had applied a 12 bore armlicense in rajasthan last year .but DM rejected my application bcoz they did not found any recent life threat .

What should i do to get license
Threat or no threat is just a figment of wild imagination created by babus, it has no legal value under Arms Act 1959 for citizen of India. If you are not offending Section 9 of Arms Act 1959 and are citizen of India, then under Section 13(3)(a)(i) of Arms Act 1959 you must be issued arms license. This legal right of citizen is flowing into Section 13(3)(a)(i) of Arms Act 1959 from Article 19(1)(b) of the Constitution. Following are the legal steps after rejection -

1. Politely get the reason for rejection of license in writing, with proper sign and stamp. Then appeal to the appellate authority.

2. If still rejected by the appellate authority, approach the High Court. If still rejected approach the Supreme Court.

When required, the following thread would give enough masala for your lawyer viewtopic.php?f=4&t=25102





Ya i know .but wat about this


http://m.ndtv.com/delhi-news/weapons-no ... ai-rum=off





Saahir
Posts: 48
Joined: Mon Jul 10, 2017 5:26 pm

Re: Arms license application rejected

Postby Saahir » Thu Jul 13, 2017 9:06 am

Can anyone describe wat kind of proof they want for threat .. its a FIR or FR copy



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mundaire
Posts: 4873
Joined: Mon May 22, 2006 5:53 pm
Location: New Delhi, India
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Re: Arms license application rejected

Postby mundaire » Thu Jul 13, 2017 11:46 am

"What they want" is highly subjective and could be anything. What you should do in stead is:

1) Go to NCRB website and download statistics of violent crimes over the past 10-20 years (all India and for your state).
2) Collate the data and show the upward trend in violent crime and random acts of violence
3) You can also get some numbers from https://www.indiansforguns.com/right_to_protection.pdf , though they are some years old

Present your case as being (rightfully) fearful of some random act of violence befalling you/ your family and your desire to take some measures to be able to protect yourself in case any such eventuality arises.

Cheers!
Abhijeet


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goodboy_mentor
Posts: 2815
Joined: Sun Dec 07, 2008 12:35 pm

Re: Arms license application rejected

Postby goodboy_mentor » Sat Jul 15, 2017 5:08 pm

Moreover, the State through it's Parliament has officially acknowledged that it is not always possible or sufficient to provide security by government in the Section 2(f) of Private Security Agencies (Regulation) Act, 2005. That is why it says the following -
"private security" means security provided by a person, other than a public servant, to protect or guard any person or property or both and includes provision of armoured car service;
Section 2(f) is saying the above because the "private security" also includes the inherent right to private security provided by person to himself, his family and society. The right of "private defense" as mentioned from Sections 96 to 106 IPC is also a part of the right of "private security".

Similarly, the Section 2(g) of Private Security Agencies (Regulation) Act, 2005 tells what is a private security agency. it says the following -
"private security agency" means a person or body of persons other than a government agency, department or organisation engaged in the business of providing private security services including training to private security guards or their supervisor or providing private security guards to any industrial or business undertaking or a company or any other person or property;
Section 2(g) is saying the above because the private security agency includes the inherent right to free agency in every person to provide private security to himself, his family and society.

Similarly the Section 2(h) of Private Security Agencies (Regulation) Act, 2005 tells what is a private security guard. It says the following -
"private security guard" means a person providing private security with or without arms to another person or property or both and includes a supervisor;
Section 2(h) is saying the above because every person has inherent right be an armed private security guard to himself, his family and society.


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

Saahir
Posts: 48
Joined: Mon Jul 10, 2017 5:26 pm

Re: Arms license application rejected

Postby Saahir » Sat Jul 15, 2017 5:23 pm

goodboy_mentor wrote:Moreover, the State through it's Parliament has officially acknowledged that it is not always possible or sufficient to provide security by government in the Section 2(f) of Private Security Agencies (Regulation) Act, 2005. That is why it says the following -
"private security" means security provided by a person, other than a public servant, to protect or guard any person or property or both and includes provision of armoured car service;
Section 2(f) is saying the above because the "private security" also includes the inherent right to private security provided by person to himself, his family and society. The right of "private defense" as mentioned from Sections 96 to 106 IPC is also a part of the right of "private security".

Similarly, the Section 2(g) of Private Security Agencies (Regulation) Act, 2005 tells what is a private security agency. it says the following -
"private security agency" means a person or body of persons other than a government agency, department or organisation engaged in the business of providing private security services including training to private security guards or their supervisor or providing private security guards to any industrial or business undertaking or a company or any other person or property;
Section 2(g) is saying the above because the private security agency includes the inherent right to free agency in every person to provide private security to himself, his family and society.

Similarly the Section 2(h) of Private Security Agencies (Regulation) Act, 2005 tells what is a private security guard. It says the following -
"private security guard" means a person providing private security with or without arms to another person or property or both and includes a supervisor;
Section 2(h) is saying the above because every person has inherent right be an armed private security guard to himself, his family and society.


This is the A of ace



goodboy_mentor
Posts: 2815
Joined: Sun Dec 07, 2008 12:35 pm

Re: Arms license application rejected

Postby goodboy_mentor » Tue Jul 18, 2017 6:13 pm

Saahir wrote:This is the A of ace
Thank you!


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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