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Anand Mohan Pathak (govt.employee)     05 December 2019

Rights of nri to sell his licensee arms

AN INDIAN SIKH ADOPTED AMERICAN CITUZENSHIP WHICH HAD  LINCENSEE INDIAN ARMS AND  SOLD OUT TO AN INDIAN IN INDIA WITHOUT FILFULLING LEGAL FORMALITIES . QUESTION IS WHETHER AN NRI CAN SELL HIS ARMS IN INDIA.IF NOT WHAT ARE THE LEGAL  BREACHES .



 2 Replies

Harendra Kumar (A Practicing Lawyer)     05 December 2019

In India, Weapon License is not transferable. You should surrender before concern authority.

Thanks.

 

 

Democratic Indian (n/a)     22 December 2019

Originally posted by : Anand Mohan Pathak
AN INDIAN SIKH ADOPTED AMERICAN CITUZENSHIP WHICH HAD  LINCENSEE INDIAN ARMS AND  SOLD OUT TO AN INDIAN IN INDIA WITHOUT FILFULLING LEGAL FORMALITIES . QUESTION IS WHETHER AN NRI CAN SELL HIS ARMS IN INDIA.IF NOT WHAT ARE THE LEGAL  BREACHES .

Please note that arms license is not tied to citizenship status or religion or caste or creed or race of person. Arms license can be issued to a person provided he is not hurting Section 9 of Arms Act. Person includes citizen, non citizen or even legal fictional persons like banks, organizations etc.

 

Please read Section 13(3)(a)(i) of Arms Act. It talks about legal right of citizen for arms license. Similarly Section 13(3)(a)(ii) talks about legal right of member of rifle club. Section 13(3)(b) is talking about legal fictional persons. That is why it is talking about need or no need for license because fictional persons are composed of natural persons who already have legal rights protected by Sections 13(3)(a)(i)&(ii) of Arms Act.

 

Your question is not mentioning the facts of the matter. It appears very general and vague. Firearm is the personal property of the license holder. It's sale cannot be denied on flimsly grounds. If the firearm has been sold to a valid arms license holder, and the sale-purchase has been officially aknowledged by licensing authority, then where is the legal injury?

 

If you are talking the matter to High Court, following may probably be of some use to you https://www.lawyersclubindia.com/forum/details.asp?mod_id=159372&offset=1


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