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Prohibited Bore calibres & firearms

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: Prohibited Bore calibres & firearms

Postby goodboy_mentor » Tue Jul 31, 2012 10:44 pm

A priori, it is the firearm which is Prohibited/Non Prohibited for civilian possession and 'bores' or 'cartridges' or calibers are a posteriori.
Prohibited arms should not be confused or linked with prohibited bores. Any firearm can be prohibited arm but not of prohibited bore. Similarly any firearm can be of non prohibited bore but prohibited firearm. And speaking strictly from legal perspective, neither prohibited arms nor prohibited bores are in reality prohibited. The use of word "prohibited" in this matter is a misnomer, only the level of restriction varies.
the entire concept of PB/NPD is unnatural and untenable is also a matter of discussion.
Yes it is against the spirit and intention of the Constitution of India. Just like the 2nd Amendment of American Constitution which talks of armed people's militia, the same concept exists under our Constitution but in bit hidden manner. Arms are fundamental right of citizens under Article 19 and the exact corresponding fundamental duty of citizens(armed militia of citizens created by Article 19) is mentioned in Article 51A(c)&(d). During emergencies mentioned in Article 51A(c)&(d), manufacturing, supplying weapons and their ammunition of different bores will be a logistic nightmare.
i believe that MHA website do not contain such things for the public to see. hence RTI is needed.
We have a new Home Minister at MHA from today, let us all raise a grievance with MHA at http://pgportal.gov.in/ that all notifications that are in force under Arms Act 1959 are not published here http://mha.nic.in/uniquepage.asp?ID_PK=567 which every public authority under Section 4(2) of RTI Act 2005 is supposed to do. The copy Section 4(2) of RTI Act 2005 is produced below:
It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information.


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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nagarifle
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Re: Prohibited Bore calibres & firearms

Postby nagarifle » Wed Aug 01, 2012 6:23 am

thats a good idea GBM, i think its something we should pursue.


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BowMan
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Re: Prohibited Bore calibres & firearms

Postby BowMan » Wed Aug 01, 2012 12:24 pm

goodboy_mentor wrote:
Any firearm can be prohibited arm but not of prohibited bore. Similarly any firearm can be of non prohibited bore but prohibited firearm.


Agree with that observation. Case in point is semiautomatic rifles. This again leads to the conclusion that this segregation or classification of arms/bores into Prohibited/Non Prohibited is unscientific, unnatural and untenable to even meager scrutiny.



goodboy_mentor
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Re: Prohibited Bore calibres & firearms

Postby goodboy_mentor » Sat Sep 01, 2012 4:59 pm

Case in point is semiautomatic rifles.
Arms Act 1959 only differentiates between fully automatic firearms and non fully automatic firearms. This has also been acknowledged by government, it can be read here viewtopic.php?f=44&t=18150&p=174918#p174125

But for the purpose of segregation of various type of arms, SCHEDULE - I of Arms Rules 1962 segregates arms into various categories. Category I(b) of SCHEDULE - I of Arms Rules 1962 recognizes semi automatic firearms.
This again leads to the conclusion that this segregation or classification of arms/bores into Prohibited/Non Prohibited is unscientific, unnatural and untenable to even meager scrutiny.
That is why it is said law is an ass.


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

technical
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Re: Prohibited Bore calibres & firearms

Postby technical » Wed Apr 16, 2014 1:33 am

@mundaire mentions that legally holding fully automatic firearms is not possible.
but i have heard that precious few people(very very less) have been given a "prohibhited" arms license( a certificate from the cent. govt giving exemption from certain clauses ot the entirety of the arms acts). the identities of these people are never known and they have been given only because they have had significant roles in anti terrorist ops. that would justify them having a need for such firearms.this has not been issued to any politicos only to people who have served.
but then again i have only heard about this and have no proof to back my statements. if anyone else knows about this please reply.
under the arms act 1959 the govt. can exempt any person , group or class of persons or any region from any clauses or the entirety of the arms act and can also withdraw these allowances at its discretion.so legally it IS possible

regards,
technical


i am a staunch supporter of gun control. So come on,steady hands,good breathing and BANG.pew pew pew. bullseye!!! :D

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farook
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Re: Prohibited Bore calibres & firearms

Postby farook » Wed Apr 16, 2014 1:47 am

technical wrote:@mundaire mentions that legally holding fully automatic firearms is not possible.
but i have heard that precious few people(very very less) have been given a "prohibhited" arms license( a certificate from the cent. govt giving exemption from certain clauses ot the entirety of the arms acts). the identities of these people are never known and they have been given only because they have had significant roles in anti terrorist ops. that would justify them having a need for such firearms.this has not been issued to any politicos only to people who have served.
but then again i have only heard about this and have no proof to back my statements. if anyone else knows about this please reply.
under the arms act 1959 the govt. can exempt any person , group or class of persons or any region from any clauses or the entirety of the arms act and can also withdraw these allowances at its discretion.so legally it IS possible

regards,
technical


PB licenses are issued to civilian living in terrorist prone areas. This has to be recommended by the Commissioner of Police, DM or Sp of the area. The licensing authority is the MHA. There is not a country in the world where a fully automatic weapon is issued to a civilians. In terrorist prone areas police are issued AK 47s. Three years back in a naxalite area a shootout occurred and the police were in the news for all the wrong reasons.
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technical
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Re: Prohibited Bore calibres & firearms

Postby technical » Wed Apr 16, 2014 2:03 am

i am talking about people in service eg. a RAW agent who has particippated in ops involving clandestine information. who may require them after leaving service.
even cabinet mins. cannot get them. lesser than 10 of these cases exost from what i've heard.
also filing an RTI won't get any info.
because theirr names and details are classified to protect them


i am a staunch supporter of gun control. So come on,steady hands,good breathing and BANG.pew pew pew. bullseye!!! :D

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mundaire
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Re: Prohibited Bore calibres & firearms

Postby mundaire » Wed Apr 16, 2014 9:06 am

There were many cases in the 1980's-1990's where people were issued 'prohibited arms' ie fully automatic firearms - PLEASE NOTE these are different from 'prohibited bore' arms!

These were government owned firearms and we're taken back by the government once the insurgency was over. There was even an article in India Today magazine, where one farmer (who had been attacked multiple times) was featured with his govt issued IOF made 9mm sterling carbine.

To the best of my knowledge, there are no instances of 'prohibited arms' being legally 'owned' by a civilian in India.

Full autos can be and are legally owned by civilians in some countries. You can own one on a class III licence in USA for e.g.

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Jase
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Re: Prohibited Bore calibres & firearms

Postby Jase » Tue Aug 19, 2014 8:47 am

Is the .223 also prohibited?



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mundaire
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Re: Prohibited Bore calibres & firearms

Postby mundaire » Thu Aug 21, 2014 12:24 pm

Jase wrote:Is the .223 also prohibited?

No!


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Jase
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Re: Prohibited Bore calibres & firearms

Postby Jase » Tue Feb 24, 2015 12:57 pm

Would a lever action rifle chambered in .44RM be prohibited in India?



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Vikram
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Re: Prohibited Bore calibres & firearms

Postby Vikram » Tue Feb 24, 2015 5:56 pm

Jase wrote:Would a lever action rifle chambered in .44RM be prohibited in India?


No.


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andy_65_in
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Re: Prohibited Bore calibres & firearms

Postby andy_65_in » Tue Feb 24, 2015 8:07 pm

Is pistol 7.62 mm prohibited b ore



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ckkalyan
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Re: Prohibited Bore calibres & firearms

Postby ckkalyan » Wed Feb 25, 2015 12:13 am

Back to page 1 of this post for a detailed list of Prohibited Bore Calibers & Firearms

viewtopic.php?f=4&t=2780


When guns are outlawed, only outlaws will have guns!

Daman_ahluwalia
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Re: Prohibited Bore calibres & firearms

Postby Daman_ahluwalia » Sun Sep 18, 2016 12:39 am

Hello everyone i m very new to this group . I ve some doubts please make it clear . I m a big fan of glock 17 and i want to own it so please tell me is 9mm luger being a pb granted to civilian? I m very well aware of the procedure of obtaining a pb license and i believe i can fulfil the formalites . My uncle owns a us carbine .30 . My motive of mentioning this is that is 9mm license issued under pb ? And the other main concern is that after getting a license , bieng a armed forces weapon , can we buy the weapon from directly govt . Or we have to look for a gun house to buy




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