how to buy imported pistol in india

[parthdeepika01]

What is the procedure to buy Imported Pistol in India? Pls let me know the government rules and custom rules ?

[PRITAM PATEL]

hello, you need to introduce yourself first

import of firearms has been restricted since long back ( i guess 1984, correct me if i m wrong)

so at present there are no rules to import one. (in fact there are lots, that prevents you to import ):mrgreen:

you can freely buy handguns which were imported before 1984,
you'll have to pay with your legs and arms

hope this helps

[saleem]

hi Parth,
you can only import a pistol if you become a reknowned shot, and for that you need to score the minimum qualifying score in state, mavalankar and then in national shooting championships, so start practicing!

[goodboy_mentor]

What is the procedure to buy Imported Pistol in India? Pls let me know the government rules and custom rules ?

At the moment for "ordinary" citizens it is just a dream, a long battle ahead, unless you are a "renowned shot" or Indian citizen returning to India under transfer of residency. Firearms have been put on restricted list of EXIM Policy formulated under The Foreign Trade (Development and Regulation) Act,1992. Some dedicated members on this forum are thinking of challenging this in High Court. Please join hands with them and try to help in every possible way, refer http://indiansforguns.com/viewtopic.php?f=4&t=12472 and http://indiansforguns.com/viewtopic.php?f=3&t=12453

In Section 5 of The Foreign Trade (Development and Regulation) Act,1992, Parliament has delegated authority to the executive to formulate and announce, by notification in the Official Gazette, the foreign trade policy.

The following points of law arise:

1)In Arms Act 1959 Section 10, sub-section 1, clause a), the Parliament has clearly allowed the import of firearms by the arms license holders without a license for importing them. In Sections 11 and 12 Parliament has specifically provided for the regulation of the import and export of arms.

2)In Section 5 of The Foreign Trade (Development and Regulation) Act,1992, Parliament has delegated authority to the executive to formulate and announce, by notification in the Official Gazette, the foreign trade policy.

Now question arises, can the executive by creating a "policy"(using delegated powers under Section 5 of the The Foreign Trade (Development and Regulation) Act,1992) undermine the intention of the Parliament that has been clearly expressed in the Arms Act 1959 Section 10, sub-section 1, clause a)?

Supreme Court, in the case of Suresh Nanada Vs C.B.I 2008 AIR 1414 held that: The Act (Passport Act) is a special Act relating to a matter of passport, whereas Section 104 of the Cr.P.C. authorizes the Court to impound document or thing produced before it. Where there is a special Act dealing with specific subject, resort should be had to that Act instead of general Act providing for the matter connected with the specific Act. As the Passports Act is a special act, the rule that ‘general provision should yield to the specific provision’ is to be applied.

In view of Suresh Nanada Vs C.B.I 2008 AIR 1414, in my opinion Exim Policy should have yielded to specific act of Parliament i.e. Arms Act 1959 was passed to co-ordinate the specific fundamental rights of citizens, i.e. the right of self defense guaranteed under Article 21 of Constitution and the Right to Keep and Bear Arms guaranteed under Articles 19 and 21 of Constitution. This can be ascertained by reading the related objectives of The Indian Arms (Amendment) Bill (No.49 of 1953), which became the Arms Act 1959:

"(ii) that weapons for self-defence are available for all citizens under license unless their antecedents or propensities do not entitle them for the privilege;

(c) to co-ordinate the rights of the citizen with the necessity of maintaining law and order and avoiding fifth-column activities in the country;"

In my view delegated powers are to be interpreted as strictly as possible, consistent with the words, and rights as broadly as possible, with the presumption in favor of the right, and the burden of proof on those claiming a power. In cases of doubt, the presumption is not in favor of a power. Let us see what the courts have to say.

[gitana]

What is the procedure to buy Imported Pistol in India? Pls let me know the government rules and custom rules ?

option 1. get licence (pb or npb, depending on your "pull") -> go to a licenced arms dealer -> ask for "imported pistol" corresponding to your licence -> confirm the piece shown is genuine "import" -> pay unbelieveable price
option 2. get licence (pb or npb, depending on your "pull") -> find someone who owns "imported pistol" corresponding to your licence and is willing to sell it -> confirm the piece shown is genuine "import" -> pay unbelieveable price
option 3. saleem's option
option 4. live for minimum 15 months in USA (study/work/other) -> after first 3 months, get paperwork to buy a handgun -> buy pistol -> 12 months after you buy pistol, get paperwork to "import" firearm to India under TR provision -> return to India with pistol
options 3 and 4 are the only options where you can buy a new imported pistol

[sunny5115]

@gitana can u plz tell me dat if we gonna follow 4th option then r we suppose to get a licence first or we can continue without that also??

[englishtown]

hi 2 all

I also had the same question in my mind, "How to import a pistol in India". Customs will allow or not ?

Here is the answer,

YES, we can import one after getting pre approval from customs and getting pre approval means paying them 320% duty.

one of my family friend is working in Customs Dept. He told me everything. Now calculate the cost, that's why the dealers sell them at exhorbitant rates. Still, buying from outside India is cheaper even after paying 320% duty check urself. I hv already ordered Colt 1911 blank fire replica for myself when i receive it, I'll post the pics and other imp. info.

We Indians always find a way. remember.

Happy shooting Day

[nagarifle]

What is the procedure to buy Imported Pistol in India? Pls let me know the government rules and custom rules ?

no procedure as the item is already in India. no rules apart from valid licence for that type of arms.

the cost?
you would have to sell your liver,kidney and two limbs.

hi 2 all
I also had the same question in my mind, "How to import a pistol in India". Customs will allow or not ?

wrong, check the http://indiansforguns.com/viewtopic.php?f=4&t=2779

YES, we can import one after getting pre approval from customs and getting pre approval means paying them 320% duty.

wrong http://indiansforguns.com/viewtopic.php?f=4&t=2779

i think you need to re check your info to get a better picture. Also get something in writing and not spoken words, which tend to change when put to the test.

[dr.jayakumar]

we are all,at present ,frustrated about the import law.so kindly forgive if we where sarcastic about'' imported and importing guns''.kindly view our previous topics,you will get an idea of whats happening and how to get an IMPOTENT and as well as imported gun.gud luck

[winnie_the_pooh]

Step 1 Get a license

Step 2 Go to an arms dealer or buy from another licensee

[ckkalyan]

Well put winnie_the_pooh! That should make things abundantly clear.

Step 1 Get a license

Step 2 Go to an arms dealer or buy from another licensee

[gitana]

@gitana can u plz tell me dat if we gonna follow 4th option then r we suppose to get a licence first or we can continue without that also??

http://indiansforguns.com/viewtopic.php ... 62#p119924

YES, we can import one after getting pre approval from customs and getting pre approval means paying them 320% duty.

sirjee, khuda ki kasam, maja aa gaya! kya joke maraa hai! (sir, god's promise, fun came! what joke hit is!)

I hv already ordered Colt 1911 blank fire replica for myself when i receive it, I'll post the pics and other imp. info.

englishtown's denizen, are you confused between replicas, ornamental replicas, blank firing guns and firearms?

[englishtown]

how can we file RTI with customs ?????

[goodboy_mentor]

There is no specific format for RTI application, you can file it on a piece of paper accompanied by Rs 10 postal order. If you think that answer is going to be a long one running into multiple pages, then you can add a postal order of greater denomination than Rs 10 to save time. For ease of understanding, keep the questions short and to the point. Avoid writing long questions that appear like a story. For Central Government Departments you need not travel personally to that office. You can file application from "designated" post offices also. Also take a photocopy of your RTI application along with you, they will sign and stamp it as received. Once you get the RTI reply, please do share it on this forum for the benefit of everybody.

[vinay singh]

guys u have been pondering about how to purchase an imported gun in india .where as our friend has already calculated the cost and even ordered one...