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Exemption from depositing Arms during elections

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
Posts: 2661
Joined: Sun Dec 07, 2008 12:35 pm

Re: Exemption from depositing Arms during elections

Postby goodboy_mentor » Sun Jul 28, 2013 10:15 am

Very good, it is time to fight this absolute nonsense that is going on. All the legal material and High Court judgments are there.


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

StampMaster
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Location: Hyderabad, Bangalore, Dubai UAE

Re: Exemption from depositing Arms during elections

Postby StampMaster » Sun Jul 28, 2013 3:24 pm

Hi IFGians,

I need help in filing my RTI in regards to depositing of arms during elections.

My 2 questions are-

1. Is it mandatory to deposit licensed firearms during elections, as per the latest Election Commission Act or Arms Act?
2. If YES, who are the people/individuals have to deposit their licensed arms during elections?

Anymore, questions to be added?


”Criminals love gun control; it makes their jobs safer.”

goodboy_mentor
Posts: 2661
Joined: Sun Dec 07, 2008 12:35 pm

Re: Exemption from depositing Arms during elections

Postby goodboy_mentor » Mon Jul 29, 2013 1:36 pm

I don't think there is anything called Election Commission Act. Most probably you mean Election Commission Order.

You can also ask for the copy of specific portion of the Election Commission Order or any other law that is asking for deposit of licensed firearms before elections.


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

dr.jayakumar
Posts: 1906
Joined: Tue Apr 06, 2010 9:55 am
Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Fri Mar 14, 2014 6:12 pm

So here we are again,election is soon approaching and we have been asked to surrender the weapons.friend and me have been running pillar to post,DM's office local police station nobody seems to care about the excemption given to club members.i have asked my lawyer to take this issue to the high court.
regards
dr.jk



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farook
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Re: Exemption from depositing Arms during elections

Postby farook » Fri Mar 14, 2014 6:16 pm

Just got a notice from the police station to surrender my weapon


Nothing has shaped the history more than a Gun

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TC
Posts: 1803
Joined: Tue Dec 05, 2006 11:50 am
Location: Kolkata

Re: Exemption from depositing Arms during elections

Postby TC » Fri Mar 14, 2014 6:50 pm

Friends,
To every member on this forum, his or her firearm is possibly the most prized possession. But in the context of this thread my agony and pain surely surpasses everyone's right now.

Please read on and shed a few tears for me :(

After a search that possibly started with my puberty, I finally spotted the siren who ticked all the right boxes in my list of desires and lust. And, despite being a little superstitious (just a little) I married her without informing the lady and you guys and even got the ceremony solemnized at the police headquarters in just two hours. And it all happened yesterday - March 13, 2014.
When I returned home last night, the beauty discreetly hidden under my shirt, I was the happiest man on earth. The secret had to be shared now but the lady liked her too and welcomed her ..... "What a relief," I told myself, "Now I have the best of both worlds" :wink: :wink:
This morning I caressed my new found love, gave her a good oil massage and all the usual scrubbing and cleaning and close inspections of those hidden areas :wink:

And then rang the doorbell !!
"Honey, its the cops from the local thana," the lady shouted. THUD went my heart and hit my throat....

Oh please.... don't ask me to tell the rest. I can't :x :x :x :x

TC



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supershaji
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Location: Hyderabad

Re: Exemption from depositing Arms during elections

Postby supershaji » Fri Mar 14, 2014 8:16 pm

The old tradition of the new bride going to your sasuraal. ..

Sent from my GT-N7100 using Tapatalk


chitty-vitty, bang-shang

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farook
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Re: Exemption from depositing Arms during elections

Postby farook » Fri Mar 14, 2014 10:28 pm

dr.jayakumar wrote:So here we are again,election is soon approaching and we have been asked to surrender the weapons.friend and me have been running pillar to post,DM's office local police station nobody seems to care about the excemption given to club members.i have asked my lawyer to take this issue to the high court.
regards
dr.jk


You can file a writ petition at the high court and submit a copy of the courts decision to the DG and Police Commissioner


Nothing has shaped the history more than a Gun

nathb
Posts: 5
Joined: Sun Sep 11, 2011 12:32 am
Location: India

Re: Exemption from depositing Arms during elections

Postby nathb » Fri Mar 14, 2014 11:10 pm

Dear Members,
Please confirm ..

1. shell we wait for notice regarding deposite of arm by authority or directly submit the same without notice.
2. is it mandatory to deposite the arm in poolice station or deposite with arms dealer is also acceptable to authoriy.

Thanks
Nathb



ashokgodara
Posts: 400
Joined: Fri Mar 06, 2009 1:27 am
Location: india

Re: Exemption from depositing Arms during elections

Postby ashokgodara » Fri Mar 14, 2014 11:16 pm

hi fellow members
if you dont need your weapon seriusly then deposit them.if you need them apply to LA with reasons and la will send your application to nearest police station.if police is not satisfied with your reason then la will not allow to keep yours arms with you if it does that is good.fof sports man its easy as they are exmpted from orders.wish if something goes wrong i.e some one got hert or killed by same caliber of weapon that you own during elections then your weapon will go to forencic lab.and you know how much time these thing consume.going to court is another thing but mind law is costlier then blood thanks



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farook
Posts: 662
Joined: Thu Apr 11, 2013 4:37 pm

Re: Exemption from depositing Arms during elections

Postby farook » Sat Mar 15, 2014 2:09 pm

Just returned from the police station heart broken. I am deprived of my beauty for the next 45 days. I was however told by the cops that if I would approach the commissioner of police he may give a letter of exemption if I have a very good reason. Would also like to confirm that you don't need to deposit the ammo and mags.
Last edited by farook on Wed Mar 19, 2014 1:25 pm, edited 1 time in total.


Nothing has shaped the history more than a Gun

dr.jayakumar
Posts: 1906
Joined: Tue Apr 06, 2010 9:55 am
Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Mon Mar 17, 2014 8:42 am

friends,
on saturday,we where issued a notice from local police station that,legal action will be taken for not depositing arms.anyhow,i am not the one to be intimidated by this.the court procedure will start from today.hope it happens fast.
regards
dr.jk



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TC
Posts: 1803
Joined: Tue Dec 05, 2006 11:50 am
Location: Kolkata

Re: Exemption from depositing Arms during elections

Postby TC » Mon Mar 17, 2014 8:59 am

dr.jayakumar wrote:friends,
on saturday,we where issued a notice from local police station that,legal action will be taken for not depositing arms.anyhow,i am not the one to be intimidated by this.the court procedure will start from today.hope it happens fast.
regards
dr.jk


Our best wishes Doc. The outcome of this will help us all.

TC



dr.jayakumar
Posts: 1906
Joined: Tue Apr 06, 2010 9:55 am
Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Mon Mar 17, 2014 9:33 am

Thanks TC.will post the outcome as soon as we get.
regards
dr.jk



winnie_the_pooh
Posts: 1582
Joined: Fri Aug 21, 2009 1:49 pm

Re: Exemption from depositing Arms during elections

Postby winnie_the_pooh » Tue Mar 18, 2014 8:34 am

It is Election time and in many states concerned authorities have passed a blanket oder asking ALL arms licensees to deposit their arms. This is in violation of the guidelines of the Election Commission of India. Kindly see the link.

http://eci.nic.in/eci_main/ElectoralLaws/HandBooks/Checklist%20for%20Police%20Officers-2014.pdf

The relevant parts:-

1.3Deposit of Licensed Arms

(i)Immediately after announcement of election DM/Police Commissioner shall make a detailed and individual review and assessment under prevalent laws of all license holders.
(ii)Licensed arms which are considered essential may be impounded in order to ensure free & fair elections and for maintenance of Law & Order at elections.
(iii)Among cases which may need to be reviewed are the arms licenses of persons,
-
(iv)released on bail,
(v)having a history of criminal offences, and
(vi)previously involved in rioting at any time but especially during elections
(vii)The above categories are only illustrative and not exhaustive.
(viii)The Bombay High Court laid down the guidelines on the subject.
(ix)Screening Committee–In every district and in every Commissionerate area.
(a)In District–It shall consist of DM & SP.
(b)In Commissionerate–It shall consist of Commissioner of Police and Joint/Additional C.P. (Admn.)
(c)Work of screening from the day of announcement of election and to be completed in respect of licenses placed before it before notification of elections.
(d)On receipt of report from Screening Committee the Licensing Authority issue notice before last date of withdrawals to the license holder for depositing the arms and inform about prosecution u/s 188IPC on failure to deposit the arms.
(e)The license holder, on receipt of notice, shall deposit his arms within 7 days. The Licensing Authority shall give proper receipt to the licensee.
(f)Decision of Screening Committee shall be final.
(g)License holder if fails to deposit arms within specified period shall be
liable for prosecution u/s 188 IPC.
(h)All fire arms so deposited shall be returned to the license holders immediately after one week after the declaration of result.
(x)Sportsmen members of National Rifle Association will be exempted from these restrictions.
(xi)Ban not to apply those communities also who are entitled to display weapons by long standing law, custom and usage. However District administration may impound weapons of a person from such communities if they are found to be indulged in violence or causing a threat to peaceful conduct of elections.


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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