Re: New Arms Rules 2016 notified by Government of India!
Posted: Sat Aug 06, 2016 10:46 am
Mods....how about splitting all the talk of legal action into a separate thread? I see it spiralling into several pages... lol
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Points of concern noted with due concern.Anand wrote:Hello all,
What ever the legal course we take, to either object to the new Rules, or vie for changes etc. the points of concern are:
Fully agree with your views. It is not just about publicity, if the writ is taken up in a proper manner, properly drafted with sound logic and reasoning, chances of success are fairly good. It will be a historic case in the legal history of this land for all times to come. Technically PIL is nothing but a writ with wider ambit. Either PIL or writ, both will be fine. The main thing is how well it is drafted, how soundly and skillfully it is taken up to convince the Court.rahul_does wrote:We could try via the PiL route.
Try to garner publicity.
Get prominent gun owners to back us.
We could try.
What else can we do?
Law is not something very difficult to understand. it is basically strong logic and reasoning put into a codified form. I would suggest we should start thinking beyond "license". If we continue to keep thinking about license, despite all the efforts, matters will only slide downwards in due course of time. In short the message is fight for your rights, not for licenses(permissions). Free citizens enjoy rights not permissions. The rights of self defense and right to keep and bear arms are well protected under Part III of the Constitution. It needs to be understood that these rights are flowing into the Arms Act 1959 and how these are getting subverted due to lack of clarity and understanding.SMJ wrote:I have no legal knowledge but logically thinking what is really needed from the SC is a judgment passed that NOBODY CAN be denied a license on any ground except if convicted of a criminal offense. Maybe it would be too far fetched too hope that additionally, the government officials who deny it for any reason will be answerable to the SC and possibly convicted. That is the only way IMHO I guess one would be able to exercise their constitutional right.
Arms Rules is a sub ordinate legislation to implement Arms Act 1959. It cannot undermine or go against Arms Act 1959. Arms Act 1959 has been enacted by the Parliament on behalf of the Constitution. If you read my previous post you will find the following mentioned -kishan45 wrote:Hi All,
Does this new Arms Rules state any this on importing Arms or ammunition by an individual.
Although I went through the gazette and found the below details, still I am not very much clear if an Individual can import Arms/ammunition or not.
One may ask then where is the problem? The problem is that under Section 5 of Foreign Trade (Development and Regulation) Act, 1992, the government has issued the export and import policy which puts import of personal firearms under restricted category. No matter what Section 10(1)(a) of Arms Act or its Rules say, the Customs will show the policy and if firearm does not have "import license", they will confiscate the firearm.goodboy_mentor wrote:Similarly since bringing in or out of country of arms or ammunition for private use is non commercial activity and thus a matter of Liberty under Article 21 of the Constitution, that is exactly why no import or export license is needed for the same under Section 10(1)a of Arms Act 1959. It also means that all these are part of freedoms and liberties under Part III of the Constitution and thus Parliament does not have legislative competence to bring them under any enactments or regulations whatsoever.