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Ravi Kumar   06 August 2016

Required info reg new fire arm rule

Hello Friends,

We're cine special team supplying blank pistols for movie shooting. Recently our government brought change in Arm Act 1959 the particular change mentioned below

Interestingly, the home minister has shot down a demand by women and child development minister Maneka Gandhi to bring airguns under the licensing regime. As per the draft rules, acquisition of airguns with muzzle energy under 20 joules or 15 feet or 0.177 mm will not require an arms licence.

Based on the above rule are literally scared, because it might prevent us from using blank pistols and this leads to business shot down. In particular we're using 8MM and 9MM caliber blank pistols. On average it would produce Muzzle energy of 519 joules. We're in this field for more than 25 years and done lots of kolly wood, tolly wood, sandal wood and Malayam movies.

We using lots of blank pistols as per the movie requirement and can not have licence for each blank pistols we having, instaed we need licence in name of Company. Is it possible as per the new Arm act. Kindly help us to move forward. Thanks in advance.

Regards

Ravi



Learning

 3 Replies

Democratic Indian (n/a)     07 August 2016

It appears you are needlessly confused about the matter. Arms Rules or no Arms Rules, the definition of firearm is very clear in the Arms Act 1959. In order to mean a firearm within the Arms Act 1959, the instrument has to be able to fire a projectile. The muzzle energy, it's appearance like a pistol or a gun etc. are irrelevant and immaterial for it to mean a firearm.

 

As far as I am aware, the blank pistols cannot fire a projectile. If they are unable to fire a projectile, the Arms Act 1959 does not apply. When Arms Act 1959 does not apply then question of license for possession under Arms Act 1959 does not apply. Arms Act 1959 does not apply to imitation firearms except when you try to convert an imitation firearm into a firearm or try to resist lawful arrest by using an imitation firearm.

 

If you are a manufacturer of imitation firearms then you need license for manufacture under recently notified Arms Rules 2016. So either apply for manufacturer license or approach High Court since this requirement of manufacture license for imitation firearms appears ultra vires of Arms Act 1959. Since these newly notified Rules have not been approved by both houses of Parliament, you may also approach all Members of Parliament, especially those of opposition party in Rajya Sabha to not approve these Rules.

Ravi Kumar   10 August 2016

Hello Friend.

Thanks for your reply. Your pointis more validate but there is change in the Arm rule, but it is drafted and not passed in Parliment to get passed. But for sure they will do this in near future. We should get affected when new law in force. We trying to find solution bit ahead the law get passed.

Thank you. 

Democratic Indian (n/a)     10 August 2016

Arms Rules cannot be made to undermine the Arms Act 1959. Arms Act 1959 is the main legislation, The Rules are subordinate legislation to administratively implement the main legislation called Arms Act 1959.

 

Yes I am very much aware of the Arms Rules 2016 and my previous reply has been given keeping that in the mind. Arms Rules 2016 are now NOT in draft stage but have been officially notified in the Official Gazette. You may read Section 44 of Arms Act 1959. It means the Rules are now "law in force" but subject to modification or annulment by the Parliament. I would request you to re read my previous reply. If you are not getting clarity then please approach some local lawyer, show my reply to him and get clarity about this matter.

 

If any of the Rules are against any provision of Arms Act 1959, anyone may approach members of Parliament to modify or annul them accordingly. Or may approach Hon'ble High Court for relief.


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