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hiten (director)     04 September 2013

Arms Act 1959

Respected All

My name is Hiten Dagar running an import export business for a while. Recently I have come across with a business opportunity of Importing:-

Blank (i.e metal body but do no fire a projectile as it does not carry bullet )

Airsoft Toys (Plastic round ball 6mm same as yellow rounds which we have in some kids toys)

Now i am thinking very serious in investing in this business but end up on lack of proper information. I have simple question

Can we legally import these toys.

Can we legally sell it in India.

PS. Note these toys might come under imitation fire arm as they do look alike real pistol and rifle . (Pic attached)

Untill now i have following Finding 

Definition of firearms under Section 2(1)e of Arms Act 1959 says:

"firearms" means arms of any descriptttion designed or adapted to discharge a projectile or projectiles of any kind by the action of any explosive or other forms of energy

Definition of ammunition under Section 2(1)b of Arms Act 1959 says:

"ammunition" means ammunition for any firearm, and includes---

lank gun is not an article of defence or offence, hence not even an arm as defined under Section 2(1)c of Arms Act 1959. Also blank gun does not discharge a projectile, hence not a firearm for the meaning of Section 2(1)e of Arms Act 1959. When blank gun is not a firearm, the blanks for its use are not ammunition for the meaning of Section 2(1)b of Arms Act 1959.

 Rule 2(24) of Explosives Rules 2008 below:

“fireworks” means low hazard explosive comprising of any composition or device manufactured with a view to produce coloured fire or flame, light effect, sound effect, smoke effect (coloured or natural), or combination of such effects and includes fog-signals, fuses, rockets, shells, percussion caps;

Now if i take above comments in cosideration I am stuck in Import Law I.E.

9303 OTHER FIREARMS AND SIMILAR DEVICES WHICH OPERATE BY THE FIRING OF AN EXPLOSIVE CHARGE (FOR EXAMPLE, SPORTING SHORTGUNS AND RIFLES, MUZZLE-LOADING FIREARMS, VERY PISTOLS AND OTHER DEVICES DESIGNED TO PROJECT ONLY SIGNAL FLARES, PISTOLS AND REVOLVERS FOR FIRING BLANK AMMUNITION, CAPTIVE-BOLT HUMANE KILLERS, LINE-THROWING Guns ( It falls under MHA to have liacence  which i dont have)

Please advice if i can import Blank gun commercially only (Not Ammo coause that contain F1 and F4 Firework as under explosive act no one can import firework.) 

Secondly can i import Airsoft Gun gas operated (not Airgun) which fire Yellow 6mm plastic balls commercially 



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