Indians For Guns

dheeraj1982 wrote:i hv applied for a arms license in june. Thru with my Police verification last week. I contacted the district dcp office they told that they have forwaded it to the licensing office. What nxt

hey dheeraj1982, r u also from delhi?
you should be receiving a letter from the licensing branch in about a month's time regarding the status of your application, thats what happened in my case.
wish u luck.

Thanks Rahul... yes i am from delhi... dont they call you for interview or something..

they will call you for interview if they consider you for grant of license.
under which category did you apply for the license?

As per section 18(2) of Arms act 1959, it mentions a particular time frame during which a person can appeal

" No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period. "


My application was rejected on 19th of June, that means I only have this week to file the appeal in LG's office. Can anybody let me know the procedure for filing the appeal?

Also section 4 mentions : "Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed. "

I haven't got any reply yet to my RTI query regarding the reasons for rejection of my application, and other details.

Can I file the appeal without having the reasons for rejection documented ? Or shall I wait till I receive a reply to my RTI query?

I hope the don't run out of time.

Thanks,
Rahul.

Rahul,

Your rejection letter did not mention a reason for rejection, so technically you don't even know what are you appealing against. Wait till they send you a reason for rejection, then appeal it. In the appeal, mention that the reason for delay was their failure to furnish a reason.

Rahul,

The licensing authority is required by law to give reasons for rejecting the application.Since no reason has been given,you will be appealing against an illegal order.

Your right to appeal is not subject to providing reasons of rejection to you. You have received the rejection letter. You appeal is against the rejection. Rejection is illegal on various grounds even if the "reasons" have not been communicated to you. Appellate authority is supposed to hear both the parties, thus can get the reasons for rejection from licensing authority and apply its mind judiciously.

I guess its best to wait for the reply to my RTI, that way I can have a documented proof against them, and can mention that the delay in filing the appeal was due to the delay in receiving the RTI reply

rahulbdelhi wrote:I guess its best to wait for the reply to my RTI, that way I can have a documented proof against them, and can mention that the delay in filing the appeal was due to the delay in receiving the RTI reply

Rahul,

I don't disagree with GBM, BUT I feel that it's better to prepare a solid appeal against ONE reason for rejection that they have furnished. If you appeal in the dark then you will have to defend against ALL the possible reasons that they could have rejected you under.

For all you know, they have rejected you because of spelling mistakes on your affidavit.

Good luck

hi,
i recived letter yesteday...they have said that ' as per records you nither have any specific threat nor any participation certificate/NRAI recomedations. After due application of mind and consiedering all facts and circumstances of your request has not been accepted'.
they have mentioned i hv a right to appeal under sec18.

Nothing unusual, this is their standard reply. You can appeal the rejection.

Hi,

Today I received a letter from the ACP saying that they have reconsidered my application but decided to reject it. They have mentioned that :-

"As per the available records submitted by you , still you have not facing any specific threat. Moreover the local police has also not found any merit on your need and not recommended your case. After due application of mind and considering all the facts and circumstances of the case, your request has not been accepted".

I don't know whether this was in reply to my letter or my RTI application. They have also mentioned that I can appeal to the Hon'ble LG, Delhi.

Now that I have a documented reason for rejection, can I appeal in the LG's court now?

Thanks,
Rahul.

Yes, sir you can. Did I send you a copy of my Appeal with the LG's office? If not, then please PM your e-mail address to me and I will send you a draft of my appeal. You can modify that accordingly. I had been rejected for the same reason...

Yes I received the copy, thanks. But have a few queries which I sent to you.

The letter I received today is dated 12th July, so I have until 12th August to file the appeal I guess?

Also haven't received any reply yet to the documents requested via RTI. Should I wait for them or the letter is enough by itself?
Or can I add those docs in the case when its presented to the LG ?

Threat cannot be a condition under Arms Act 1959. Most probably you have applied on Form III. For Form III, in column 2 of row number three of Schedule II of Arms Rules 1962, the purpose is acquisition/possession/carrying and use for protection/sport/target/practice/display. Thus these are the rights of the applicant. The "Conditions" in column 9 of row number three of Schedule II of Arms Rules 1962 is blank. So no condition. Thus license has to be issued provided the applicant is not disqualified under Section 9 or 14 of Arms Act 1959.

Also police has no legal role to find merits or recommend under Arms Act 1959. Their only role is to find criminal records on applicant and furnish them to the licensing authority.

This letter is enough for you to appeal.