Dear Client,

File appeal against the order. Inheritance no reason to grant license but this issue governs with rules to Grant of licenses to legal heirs and permitted.

no threat to life - no reason to reject license.

Dose arms comes under the definition of restricted arms or ammunition ?

Hello,

File an appeal under section 18 of the Arms act. The provision has been stated below:

Section 18 - Appeals – (1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or the authority to whom the licensing authority is sub-ordinate, suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:

Provided that no appeal shall lie against any order made by, or under the direction of the Government.

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:

Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The period prescribed for an appeal shall be computed in accordance with the provisions of Indian Limitation Act, 1908 (9 of 1908), with respect to the computation of periods of limitation thereunder.

(4) Every appeal under this section shall be made by a petition in

writing and shall be accompanied by a brief statement of the reasons

for the order appealed against where such statement has been

furnished to the appellant and by such fee as may be prescribed.

(5) In disposing of an appeal, the appellate authority shall follow

such procedure as may be prescribed:

Provided that no appeal shall be disposed of unless the

appellant has been given a reasonable opportunity of being heard.

(6) The order appealed against shall, unless the appellate authority

conditionally or unconditionally directs otherwise, be in force pending

the disposal of the appeal against such order.

(7) Every order of the appellate authority confirming, modifying or

reversing the order appealed against shall be final.

Hope this helps.

Regards.

you have to file appeal before state Minister of Home (Appellant Authority)against rejection of your arms licence

2) if there is threat to your life then only would you be issued arms licence

a license is personal to the licensee

its not inheritable or transferable

you will have to apply for a fresh license in your name

Threat or no threat is just a figment of wild imagination created by babus, it has no legal value under Arms Act 1959 for citizen of India. If you are not offending Section 9 of Arms Act 1959 and are citizen of India, then under Section 13(3)(a)(i) of Arms Act 1959 you must be issued arms license. This legal right of citizen is flowing into Section 13(3)(a)(i) of Arms Act 1959 from Article 19(1)(b) of the Constitution. Following are the legal steps after rejection -

1. Politely get the reason for rejection of license in writing, with proper sign and stamp. Then appeal to the appellate authority.

2. If still rejected by the appellate authority, approach the High Court. If still rejected approach the Supreme Court.

file writ petition in HC challenging order of Licencing authority refusing to grant you an arms licence . the arms licence cannot be denied merely on ground that there is no specific threat to your life

Inheritance is no valid ground for grant of a arms licence by the government.

If you are aggrieved by the orders of the licensing authority you'll have the right to challenge the order before the appellate Authority under Section 18 of the arms act.

You can prefer a appellant authority Ministry of Home for Arm license though inheriting weapon is not right but you can claim same as property though chances are bleak in case of Arm license though if there are old guns you can try.

As license for weapon are for personal use,

Dear Sir,

You make use of following settled law of the land

Getting a Gun License in India comes under the Arms Act of 1959. Civilians or citizens of India who want to own a gun are allowed to purchase only NPB guns ( Non- prohibited bore). This Act allows the civilians to get a gun license if they have a major threat towards their life.

But, how to prove the threat?

Proving threat is not a major task as it just needs the FIR ( first information report ) but, the process of obtaining Gun license in India is long.

How to get Gun License

• The first step is to submit an application. One can get the application form from the district superintendent of the police of the particular state it is in.

• After getting the application, the police will check if there are any past records of any kind of criminal activity and they will also check if the address given is authentic or not.

• There are a lot of information gathered about the person who wants to obtain a gun, which also includes asking the people in the surrounding or neighborhood if they see any kind of malicious treatment or if they have seen the person getting involved in fights due to anger or burst out.

• To determine if the person is mentally or physically ill or not, the DCP does an interview of the person who wants to get the gun license.

• In the interview, the main question is- why do you need a gun? Self-defense is stated as one of the major reasons why most people in India wants a gun and it is accepted also. One can also ask for a gun license if he/she wants protection from the wild animals.

• After the interview, the DCP sends the reports to both the criminal branch and the national crime record bureau.

If all these steps are fulfilled and the DCP is satisfied with the relevant information, a civilian can get a gun license after this.

Now, after getting the gun license, the customer obviously have to contact the dealer for the procurement of the gun. For this, the customer will have to book a pre-order to get the gun from any licensed shop of their choice.

Licenses will be issued only for three categories–

1. Self-defense

2. Sports

3. Crop protection

The only legal role of police under Arms Act 1959 is searching and furnishing the criminal records of the license applicant to the licensing authority. Anything else written by police has no meaning or value under Arms Act 1959.

You have legal right to get license for the inherited property(gun) unless there is something within the Arms Act 1959 that clearly prohibits you from getting license. For example below 21 years of age or of unsound mind etc. etc.

What does the licensing authority say? If they are refusing, politely get the reasons for refusal in writing. Then appeal to the appellate authority. If still refused, file a writ in High Court. High Court will direct the licensing authority to issue the license.