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Mayur Joshi   09 February 2018

Arms licence

My father died in 7/7/2007 after his death my elder brother applied for arms licence to Collector he rejected saying no threat to life.He made appeal to commissioner he also rejected on same reason.His reports from police superintendent are ok. Now he appealed in High court does he will get licence as weapon of my father is in police safe custody


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 5 Replies

Democratic Indian (n/a)     09 February 2018

Threat or no threat to life is immaterial to Arms Act 1959. It is just a figment of wild imagination created by the babus of licensing authority. Just make your lawyer read the following links, he will understand what legal points need to be mentioned in the writ in High Court.

 

1. https://www.lawyersclubindia.com/forum/Licensing-competence-of-state-159372.asp

 

2. https://www.lawyersclubindia.com/forum/Grant-of-arms-license-npb-bore-157617.asp

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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     09 February 2018

Security thread has to be got assessed by the concerned police authorities and if they have reached to the conclusion that you do not have any threat to life, arms license can be denied to you.

Mayur Joshi   10 February 2018

But this weapon we are having from my Grandfather & we need it as memomery of ancestors. So pl give advice to get it.

anubhav Bhatt   10 February 2018

Dear client better if you contact us then I will elaborate properly about your case.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990

Democratic Indian (n/a)     10 February 2018

I respectfully disagree with Adv. Makkad Ji. Threat or no threat is immaterial, there are plenty of High Court judgments about this. Legal role of Police is limited to furnishing criminal records they have for the arms license applicant. Anything more they mention is immaterial, police has no jurisdiction beyond furnishing criminal records with them.

 

Mayur Joshi, yes the gun is family heirloom, in other words it also includes your right to property. Your rights cannot be unreasonably denied. As said earlier, make your lawyer to very carefully go through the links I have given in my first post in this thread, they have plenty of legal points, including High Court and Supreme Court judgments. He will understand and do what needs to be done. If he has any confusion, he can feel free to PM me and discuss the matter in privacy.

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