Checking Legality Of Arms 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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vkjalan
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Checking Legality Of Arms License.

Post by vkjalan » Thu Feb 18, 2010 10:45 am

Dear IFGians,

I wanted to know if there was a way to check the legality of a License Issued.

Just want to make sure the license is original before selling my weapon to them. Because all these fake licenses in the market it gets scary.

Also someone has approached me with a J&K license for a firearm do u think it may be genuine. ? How do we verify these details, Because its unwanted trouble.

If the RTI could be of help how do we frame a letter for verification, Please attach some samples.

Please throw some light on it.

Awaiting valuable feedback.

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nagarifle
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Re: Checking Legality Of Arms License.

Post by nagarifle » Thu Feb 18, 2010 8:08 pm

Nagarifle

if you say it can not be done, then you are right, for you, it can not be done.

Anand
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Re: Checking Legality Of Arms License.

Post by Anand » Thu Feb 18, 2010 9:55 pm

Here is some pure speculation on my part: Apart from the RTI Act, another method would be to contact the issuing Authority's office directly through phone or registered letter,although whether they would give out that information to a civilian is doubtful. It may depend on what the need is. If you state that this is with regard to a firearms transfer and you would like to verify, they may authenticate it. I imagine this would be relatively easy if you are from the same place as the buyer/seller.
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Anand

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Re: Checking Legality Of Arms License.

Post by goodboy_mentor » Thu Feb 18, 2010 10:53 pm

Just want to make sure the license is original before selling my weapon to them. Because all these fake licenses in the market it gets scary.
Please refer http://www.delhipolice.nic.in/home/Lice ... weapon.pdf
Under rule 5(2) (b) of Arms Rule 1962 before you sell your firearm you are supposed to give a notice period of 45 days to your licensing authority along with details of yourself, details of license, reason for sale etc. and as well as the details of the buyer and his license. The purpose of this notice period does not seem to be anything else other than the unwanted trouble you want to avoid. Since you are informing the licensing authority and giving them sufficient time of 45 days to verify the buyer and his license to get "permission" after 45 days to sell to the mentioned buyer with license, you are clear about your intentions and the transaction. Moreover CHAPTER VI - MISCELLANEOUS of Arms Act 1959 clearly mentions:

40. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

So it means if any "person" is doing or intends to do "anything" under Arms Act 1959, in good faith by following the laws, rules, regulations, notifications etc. has nothing to fear.(http://indiansforguns.com/viewtopic.php ... 834#p91834)

Still if you want to make this double secure you may also send the copy of the 45 day notice period to the licensing authority of the buyer by speed post/registered post for information. In the letters to your licensing authority as well as buyer's licensing authority you may also cross reference that you are also sending the copy to other licensing authority. In this way both the licensing authorities are informed. Personally I think all this is needless, since you have the protection of Arms Act 1959 as mentioned above for "anything" being done or intended to be done in "good faith" under the Act. Unless there are obvious signs of counterfeiting, forgery, tampering or sign/seals of licensing authority missing etc. on the license of the buyer, there is no reason why you should not have "good faith" in the buyer, hence you are informing your licensing authority by giving notice period of 45 days under rule 5(2) (b) of Arms Rule 1962 in "good faith" to sell to the buyer, once you have got "permission" to sell to the mentioned buyer with license from your licensing authority, you are anyways not liable for genuineness of license of the buyer or his use/misuse of the weapon thus purchased from you.

Ghanshyam Dixit
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Re: Checking Legality Of Arms License.

Post by Ghanshyam Dixit » Fri Jan 05, 2018 8:14 pm

Edited: please don't post personal details here - Moderator

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