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Can one travel through a state carrying arms where model code of conduct is in force on all India license ?

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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Ajaaybeer
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Can one travel through a state carrying arms where model code of conduct is in force on all India license ?

Postby Ajaaybeer » Mon Oct 01, 2018 10:39 pm

I was searching about the rules as to what does the rule say if the licence holder has all India valid licence and he is travelling through a state with model code of conduct in place ? If any one has clarity on the topic kindly elaborate . What would be the status ? One request kindly do not engage into title of the query , just try to realise the spirit of the question here..
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sumbriavikramaditya
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Re: Can one travel through a state carrying arms where model code of conduct is in force on all India license ?

Postby sumbriavikramaditya » Tue Oct 02, 2018 5:43 pm

Hi Ajaay, very interesting question. As a new License holder, I am also curious about this issue. And as the Model Code of Conduct has been implemented in J&K for Municipal Elections, it will be helpful for me.

Regards.



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Vineet
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Re: Can one travel through a state carrying arms where model code of conduct is in force on all India license ?

Postby Vineet » Thu Oct 04, 2018 9:44 am

AFAIK there is no fixed rule for it and it all depends on how the officer on duty thinks.


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moulindu
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Re: Can one travel through a state carrying arms where model code of conduct is in force on all India license ?

Postby moulindu » Sat Oct 06, 2018 3:44 pm

In last Assembly election at my state in February 2018, I was appointed as Sector Officer in one of the constituencies. In one of the meetings with the Returning Officer I was going through the curriculum of the Returning Officer. If I remember correctly there it was mentioned for submission of licensed arms from their owners during the model code of conduct. And there is IPC Section 144 before 24 hrs of the election no person can be present in other constituency unless some medical or election work. I remember there was a huge raid conducted by the DM & SP of my district in my constituency while I was returning after inspection at around 12 midnight.



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Re: Can one travel through a state carrying arms where model code of conduct is in force on all India license ?

Postby goodboy_mentor » Thu Oct 11, 2018 1:13 pm

Ajaaybeer wrote:I was searching about the rules as to what does the rule say if the licence holder has all India valid licence and he is travelling through a state with model code of conduct in place ? If any one has clarity on the topic kindly elaborate . What would be the status ? One request kindly do not engage into title of the query , just try to realise the spirit of the question here..
This might be useful to others.
I do not think Arms Rules will tell about election related Notifications. You will have to read the latest relevant notification issued by Election Commission of India.

Regardless of the area validity of your license, unless you belong to any of the three suspected category of persons, mentioned for review in the Election Commission's order, you do not really need to deposit or get exemptions. This matter has been decided in a few High Court judgments as well as discussed in detail in the following posts:

1. Click here

2. Click here

If for any reason you face problems, then as a last resort, you will have to approach High Court or Supreme Court. Supreme Court has held in catena of judgments that -

1. Right of self defense is a very valuable right
2. Right of self defense serves a social purpose
3. Right of self defense should not be construed narrowly

The notifications issued by Election Commission fall within the realm of "legislation". Therefore it means every legislation that in any way has implications with the right of self defense, like Arms Act 1959, it's Arms Rules and Notifications(including notifications issued by Election Commission) need to pass the above test laid down by Supreme Court. Following facts of law may come handy to provide to High Court or Supreme Court -

3. Click here

4. Click here

5. Click here


"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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sumbriavikramaditya
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Re: Can one travel through a state carrying arms where model code of conduct is in force on all India license ?

Postby sumbriavikramaditya » Sun Oct 14, 2018 12:09 pm

Thanks, this info is important for me as there will be three elections back to back in my State (J&K).

Regards
Vikramaditya Singh.




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