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Exemption from depositing Arms during elections

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!
dr.jayakumar
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Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Tue Apr 01, 2014 6:48 pm

Farook,
do you think they will return the weapons after you get the court order?i think no.they'll ask us to get a nother notice from court to release our weapons.
have you applied in court too.
regards
dr.jk



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farook
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Re: Exemption from depositing Arms during elections

Postby farook » Tue Apr 01, 2014 6:50 pm

I have deposited my weapon and god willing hope to get it back. Under the 188 ipc non compliance carries a 30 to 180 days imprisonment.. Not worth the risk.


Nothing has shaped the history more than a Gun

dr.jayakumar
Posts: 1906
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Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Tue Apr 01, 2014 7:09 pm

farook,
i understand the meaning of 188,but as the case is pending,they cannot judge that i have violated a official order.now if i am able to explain in the local court,this 188 stands less(i hope)
regards
dr.jk



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farook
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Re: Exemption from depositing Arms during elections

Postby farook » Tue Apr 01, 2014 7:11 pm

As no sport event is coming up the court is going to ask for a reason doctor. Have you thought of something


Nothing has shaped the history more than a Gun

dr.jayakumar
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Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Tue Apr 01, 2014 7:39 pm

there a is a event in delhi from april 4th to april23rd.even so how can i take part if i am harassed to deposit my weapons.?
regards
dr.jk



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farook
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Re: Exemption from depositing Arms during elections

Postby farook » Tue Apr 01, 2014 7:40 pm

Do keep us informed of the courts verdict doctor


Nothing has shaped the history more than a Gun

dr.jayakumar
Posts: 1906
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Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Tue Apr 01, 2014 7:58 pm

Sure farook.
dr.jk



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TC
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Re: Exemption from depositing Arms during elections

Postby TC » Tue Apr 01, 2014 9:10 pm

dr.jayakumar wrote:there a is a event in delhi from april 4th to april23rd.even so how can i take part if i am harassed to deposit my weapons.?
regards
dr.jk


Doc, first let me congratulate you on the fight you have fought so far.
As far as my thinking goes, there is little point asking for exemption siting a shooting event.

The basic fact is that the EC, in its order to DMs / Commissioners, have said that primarily people with questionable credentials, criminal past and/or facing trial or charges etc. will have to deposit their weapons. Though it also mentions that the criteria is not exhaustive, there is no mention anywhere of a blanket order. Had it been the case such categorization and clarifications would not be necessary in the first place. A simple one page order would do the job.

In a separate order it also says that members of NRAI and its other bodies are exempted from depositing weapons. It clearly means that these people can retain their weapons even if there is no sports event. What happens to the rest of India ?

Two, if a man has been issued a licence for self/ home defence then who takes responsibility of his or his property's protection during the period when the weapons are deposited ? Can the police or EC guarantee that criminals will also abide by law during the elections and stay away from crimes, thus making carrying or keeping firearms at home completely redundant for three months ?

Four, on how many occasions in Independent India have peaceful and law abiding citizens with no criminal record or charges pending against whatsoever and having licensed firearms took part in firearms related crime during elections with their own licensed weapons?

My experience says any administration should be countered with fundamental questions and not with its own orders.


TC



dr.jayakumar
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Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Wed Apr 02, 2014 9:16 am

Thanks TC,my lawyer has all these what you said,and hopefully today we will have a verdict.
regards
dr.jk

i was threatened by the local inspector,that he would file an FIR if we don't surrender our weapons.



dr.jayakumar
Posts: 1906
Joined: Tue Apr 06, 2010 9:55 am
Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Wed Apr 02, 2014 7:27 pm

friends,
today was the hearing,nothing went in favour of us.the judge argued that as all the members of my rifle club has surrendered,why not us.after a brief argument by our lawyer,the case was tranfered to chief justice.stating that this case cannot be decided by him.
as we where threatened by the police,we surrendered our weapons.
so we have to wait for the case to appear in court
dr.jk



ashokgodara
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Re: Exemption from depositing Arms during elections

Postby ashokgodara » Wed Apr 02, 2014 7:53 pm

Dr.jayakumar
sad to hear that.i think rajasthan police is only following correct orders.they have prepared a list of peoples who have criminal background,on bail and are regarded to cause threat in elections only arms of these people are being deposited thanks



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farook
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Re: Exemption from depositing Arms during elections

Postby farook » Wed Apr 02, 2014 8:02 pm

dr.jayakumar wrote:as we where threatened by the police,we surrendered our weapons.
so we have to wait for the case to appear in court
dr.jk


A wise decision Doctor. We can always get it back after the courts verdict....


Nothing has shaped the history more than a Gun

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vkpd
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Re: Exemption from depositing Arms during elections

Postby vkpd » Wed Apr 02, 2014 8:58 pm

While I do hope Dr.Jayakumar gets a favourable verdict, I wish to direct the attention of all concerned to Not. No.437/GE-99/PLN-III/MCC/22307 ( PAGE 3) of the following attachment:

http://bardhaman.nic.in/asm2011/Order15.pdf

I think the spirit behind the representation made by the NRAI to the Election Commission at that point in time and earlier was to seek exemption from deposit of Arms of those members of the NRAI that were ‘Sportsmen’ and participating in shooting competitions. In his response to this representation of the NRAI, The Secretary of the EC remarks in his letter in question to the Chief Secretary’s of ‘All States & UT’ that:

(Since)“The sportsman being the members of National Rifle Association at different levels have to participate in various sporting events in which they use their rifles” (they were being granted immunity from deposit of their arms.)

Makes perfect sense to me. The NRAI could not have approached the EC seeking a blanket exemption for all its members purely on the merit of them holding a NRAI membership card. The grounds for exemption here was purely ‘NEED’ based for those members of the NRAI who were sportsmen & participating in competitions, to which the EC concurred.

Furthermore, on the web site of the EC at http://eci.nic.in/eci_main1/electoral_law.aspx# under ‘Election Laws’ section ‘Model Check List – Police Officers’ Section 1.3 (x) on Page 2 of the Check List issued by the EC – the instructions are pretty clear to the Police Officers that :

“Sportsmen members of National Rifle Association will be exempted from these restrictions.” (Deposit of Arms)
Please mark that there are no instructions regarding deciphering your 'level'.

So in conclusion, I would like to say that while many of us including yours truly who wanted to take shelter in the safety of the EC’s exemption notification to all “NRAI members at different levels”, which to my convenience brought me to think that I was covered ---- well,the writing is pretty much on the wall

......unless a certain Dr. Jayakumar alters the script!! :D

vkpd



veejosh
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Re: Exemption from depositing Arms during elections

Postby veejosh » Wed Apr 02, 2014 9:14 pm

I have asked loads of my ""FriendS"" who were in the banned organisations. None of them have deposited their weapons. I have, however, deposited all three.
Good citizen Vs Better Blessed.

Vikas



dr.jayakumar
Posts: 1906
Joined: Tue Apr 06, 2010 9:55 am
Location: tamilnadu,india

Re: Exemption from depositing Arms during elections

Postby dr.jayakumar » Thu Apr 03, 2014 8:46 am

Vkpd,i think this order can be interpreted as per likes and dislikes as it isn't clear.
here is a link to recent order. http://www.thenrai.in/images/documents/ ... m.pdf.this states that all members at different level.

veejosh,
''I have asked loads of my ""FriendS"" who were in the banned organisations''. didn't understand you.
regards
dr.jk




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