Registration of weapons
Adv.Sanjiv Deshpande
(Querist) 23 July 2012
This query is : Resolved
If a citizen possesses old weapons like swords,dagger of the moghul era,whether he has to surrender the same to the government or can he retain the same by getting the same registered under some act. If yes which Act?
Tajobsindia
(Expert) 12 October 2012
According to the Antiquities and Art Treasures Act, 1972, under the Constitution of India, antiquities such as coins, sculpture, epigraph or anything that has been in existence for the past 75 to 100 years has to be registered with the government. This is especially true if someone wants to trade in these items. A license is required for such trade. Rampant corruption, extensive bureaucracy and red tape make it extremely difficult to get a license.
However, then a genuine collector faces many legal hassles for the registration of antiquities. And as the laws are stringent, corruption is rampant. It is sad to say that circumnavigating the law is an easier option and with the deep-rooted culture and heritage in India, not even 10 percent of the heirlooms and antiquities are registered with the government. It is simpler for people who possess heirlooms or the people who want to collect them to bypass the law.
In my opinion the description of the person falls under "A private person believed to possesing some antiquities" and hence;
As per Arms Act 1959:-
Section 45. Act not to apply in certain cases.
(c) any weapon of an obsolete pattern or of antiquarian value or in disrepair which is not capable of being used as a Firearm either or without repair;
(d) the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used with complementary parts acquired or possessed by that or any other person.
Guest
(Expert) 12 October 2012
If that is of historical connections or value, you will have to surrender the same to the nearest museum. If that is an antique item not related to historical value, you must possess the proof of the age of the weapon and lawful source of acquisition.
But, still the law does not allow possession of any lethal weapon without registration.
