Arms License Application rejected

[Virendra S Rathore]

Bravo !! Lock and load for the fight
All the best

Regards,
Virendra

[captrakshitsharma]

Good goin.. another reason to sign up and make everyone u can convince to sign up with NAGRI

[drifter]

Dear Safarigent,

It was the same situation for me as well, I was lucky that the issuing authority used his discretion.

The process that takes place when one applies for a license is lengthy one involving many officials starting from the police station of your locality, they have the intelligance department do a check and they verify if you have property. If you do not have adequate property in your name they immediatley use it as an excuse since you do not own property your life is not under threat. The govt assumes that for a person to have a threat on his life the most tangible justification is wealth. This unfortunatley many times favours people who have gained wealth by ill gotten means.

Regards,
drifter

[Safarigent]

these wheels turn slowly, but they turn resolutely!!!!!
thats indian justice for you.

my appeal has been filed and the date assigned for the hearing is the 7th of september!!!!!
DAMN!

[waulakh]

friends,the way things are heading i feel mr.Chidambram is wanting to have a weapon free state where
one will have access to illegal weapons only.a law abiding citizen will have to pay to buy protection,kind
of a hafta you can say.anyway all the best for your apeal to the LG.

[dr.jayakumar]

good you are going to the court.
goodboy_mentor has given you the previous posts discussed about this.do you have a book on arms act and arms rule?if not buy one.sometimes even the lawyers find it difficult.plus,i think if you can find out a lawyer who has already delt arms licence.good luck.

[drifter]

Dear Safarigent,

Like dr jayakumar mentiond pls get a copy of the arms act book it has only a few pages and will surely be of help.

regards,
drifter.

[Safarigent]

hi,
thanks for the tips.
i do have a copy of the arms act, although its a soft copy.
plus my lawyers quite a good fellow, came highly recommended.
lets hope that translates into a license for me!!
will keep you folks updated.
regards

[swajan]

I had applied for a shotgun license under the sports category in delhi.
got a letter stating that my application for arms license under sports AND SELF DEFENSE has been rejected as there is no threat to my life.
i went to them and told them that i dont want a license under self defense and did not apply under that category where upon he said he have seen the self defense angle also.

I would like to express my views as under-
I trust this forum is appropriate for RKBA but seldom one choose to fight for his right, due to inappropriate legal knowledge, insufficient time, business, preoccupation, shortfall in passion, deficiency in aggressiveness etc etc.

My experience with Govt authorities are as follows -
1. It is always wining if one talk less and just write appropriate while deal with govt.
2. Express only that what one wants and no more, in writing only.
3. Keep documentation well and filing very well.
4. Knows what to write and aware of rights and laws
5. If law is adverse, able to interpret what defies a natural justice and put his point accordingly.
6. Comes with clean hands and in good faith.
7. Must be little courageous
8. Must try to consult books, articles etc and try to find rescue himself rather then asking help from irrelevant persons.
The above canons will surely bring success.

I often see people who got license due to their personal influence or due to legacy , they are fortunate and born with silver spoon, but should not defy their duty towards their brothers in helping them to own arms, and to help the helpless, at least, to those few who want to help themselves.

So...
1. Please do not wait....apply for a license now.
2. Pl give a specific reason, which you need not prove like ..even be funny ....My GF told that she won't marry me unless I have a gun as she things, I can't protet her etc.

2. Wait for 45 days.
3. Do not respond to any verbal communication.
4. In inquiry, keep your IT etc handy, mention in application that you are income tax payer.
4. Ask for any clarifications to be in precise writing by the authority on you.
5. Reply back in writing, just to the point, preferably in one or max two sentences, send by registered post with A/D, even next door.
6. Wait for reasonable time (say 45 days)
7 File RTI (use a plain A4 paper) affix simple Rs 10/- court paper. And ask for following -
a. Status of your application.
b. Whether you have been denied license ?
c. If denied, why not intimated ?
d. If denied, on what ground.
8. You can expect a reply by 20 days.
9. Now, when you get status, can file Mandamus in HC, or can even write to Commissioner, DG, Home, CM. PM, President etc and make a scene, one who will do this, can get rest assured that the authority denied will be and surely come under pressure and discomfort.
10 Govt officials have restricted protocols but the applicant is free to write ANY ONE. Take the opportunity, make a chaos. One will win.

PLEASE DO NOT CRY as no one can help a HELPLESS

[goodboy_mentor]

Very sensible and practical suggestions given by swajan

4. In inquiry, keep your IT etc handy, mention in application that you are income tax payer.

I have a different view on this point. Requirement of IT returns seems to be creation of figment of imagination by the babus. Those who have incomes less than taxable limits or are exempt from income tax like agriculturalists are very much qualified to get arms license. Since the matter relates to self defense and RKBA which are both fundamental rights, Arms Act 1959 Section 14(2) is very clear that property cannot be the basis to deny arms license. IT returns are also related to property i.e. income(moveable property). Hence IT returns are not a requirement under Arms Act 1959.

Arms Act 1959 Section 14(2):

"The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property."

Moreover IT returns is a sensitive transaction between Income Tax department and the income tax payee. Why should anybody or any government department be interested in knowing my IT returns?(Given the rampart corruption in government departments, especially the Police, one cannot be sure that information about IT returns will not fall in hands of criminal elements. Moreover there is no privacy or data protection law in this country.) Licensing Authourity has no right to poke its nose into IT returns of any tax payee unless required by law.

Another creation of figment of imagination of babus is that getting an arms license is a matter of "threat" or "no threat". Since the matter relates to self defense, sport and RKBA which are fundamental rights, if the applicant is not disqualified under Section 14 of Arms Act 1959, Arms Act 1959 Section 13(3) clearly mandates Licensing Authourity to "grant" license for smooth bore gun or .22 rifle.

[spacetraveller]

Airborne,
I strongly suggest that in addition to filing the case you immediately do the following :
Take memberships of NRAI and the Delhi Rifle Assoc.
Take membership of Dr. Karni SIngh Range (SAI)
Enter any competition - for airguns air pistols etc. and get a participation certificate
All the above documents will help your lawyer to strengthen your case.
Spacetraveller

[goodboy_mentor]

Dear spacetraveller, I would request you to understand the legality of the matter in question before suggesting blanket post facto solutions like joining all possible rifle clubs and associations, airgun competitions etc. If you read the following http://indiansforguns.com/viewtopic.php ... 20#p142942 you will find that he has already applied for appeal with Lieutenant Governor of Delhi who is the appellant authority under Arms Act 1959. Once the appeal is rejected he can apply for writ of mandamus in High Court.

[Safarigent]

my appeal came up for hearing in the Hon LG's court.
the licensing department has been asked to grant me an interview with the ACP licensing before the next date, which is early next month.
If that meeting doesnt lead to me getting approval for my license then the legal process shall go on.
I am guessing that taking my lawyer with me will help.
also, i am wondering if there is any shotgun and/or rifle safety course that can be done by me in the meantime to further butress my claims?
i know it is not required by law but heck if it helps, then why not?

[goodboy_mentor]

If the Appellate Authority decides not to respect the the law which is very clear in this matter, will it respect your gun safety course? I doubt.

[Safarigent]

hahaha.
well, lets see how things go.
i shall keep you guys updated.