• Weapon transfer

Hi 
i am a lady and my father served in the indian police in hyderabad as a dcp and passed away in 1975 after which his private weapon 303 was transfered to my brother
my brother passed away in 2012 after which the weapon has been handed over to local armory shop for safe custody and the area PS was updated.

its our family weapon and was desecned to us from our ancestors who also served in the police during theri life time.

so is there any chance for getting the weapon license transfered to my name or my sons name ?
if not, then whats the procedure for applying for a sale permission for the weapon?

kind regards
thanking you
Asked 5 years ago in Criminal Law
Religion: Muslim

8 answers received in 1 day.

Lawyers are available now to answer your questions.

10 Answers

legal heir has to apply  for a license.Attaching the death certificate of the deceased,will, if any along with the affidavits of other legal heirs,

 

2) After the license has been issued,the licensee then applies to the licensing authority for releasing the weapon on his license.The licensing authority then sends tha application for the verification of the legal heirs to the Tehsildar

 

3) .On obtaining the report of the Tehsildar and in case other legal heirs have no objection, then the licensing authority issues an order for the weapon to be released on the license of the applicant.

 

4) The applicant then gets the weapon along with the ammo from where it had been deposited.There after the licensee gets the weapon and the ammo endorsed on his license from the licensing authority.

 

5) In case the legal heir wishes to sell the weapon, then he seeks permission to sell the weapon and ammo to a licensee or arms dealer and after the sale gives intimation to the licensing authority about the sale of the weapon.

Ajay Sethi
Advocate, Mumbai
94732 Answers
7537 Consultations

5.0 on 5.0

It can be transferred through the licensor to the legal heir after his death through the NOC of all other legal heirs and a affidavit to that effect.

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Transfer of PB/ NPB weapons of an existing licensee to his/her legal heir is allowed, if the licencee had held the weapon for a period of 25 years or more or the licensee has attained the age of 70 years or more. Applications for transfer of PB and NPB weapons are considered, respectively, by MHA and State Government/DM, subject to the condition that the legal heir should be eligible to get the license under the Arms Act and should be capable of handling the weapon. At present, the applications for transfer of licence in favour of son/ daughter/ wife/husband, as per wish of the licensee during his life time, are considered under the scope of “legal heir” in family heirloom cases.


A licence for acquisition, possession or carrying of ammunition of categories I(b) and I(c) shall be granted only if the licensing authority is satisfied that the ammunition is to be used with rifles or muskets which are lawfully possessed for sporting purposes or with pistols or revolvers which have been lawfully imported into India; and the amount of ammunition which the licensee may possess during each period of 12 months immediately succeeding the date of grant of licence shall be entered in the licence.

So Join a shooting club participate in a few shooting competitions, and then apply for a gun license under the sports category and then transfer the gun in your  licence. After getting the the license,the licensee then applies to the licensing authority for releasing the weapon on his/her license.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. seeing the history of the pistol there should not be any problem in getting the license in the name of your name or that of your son's.

2. Permission for sale may become difficult and getting the license transferred in your name is more easier.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

See for transferring a weapon to your name after demise of brother you need to apply for the arms license along with the required documents for license and death certificate and NOC from other legal heirs.

Once the license is issued the possession of the weapon can be taken with endorsement of same on the license. 

 

For selling the weapon permission need to be obtained and then it has to be sold to licensed armed dealer only. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) Transfer of Arms License can be done on two conditions -

  • When the original licencee is alive
  • During his life-time, the licencee may transfer the arms licence to legal heirs by making an application in plain paper.

Regarding selling of 303 rifle.

Arms Act 1959,Sec 5,Sub-section 2,Clause 3"....that no firearm or ammunition in respect of which a license is required under section 3 and no arms in respect of which a license is required under section 4,shall be sold or transferred by any person unless:- 

(a) he has informed in writing the district magistrate having jurisdiction or the officer incharge of the nearest polices station of his intention to sell or transfer such firearms,ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms,ammunition or the other atms,and 

(b) a period of not less than forty-five days has expired after the giving of such information"[Inserted by Act 25 of 1983,w.e.f. 22-6-1983] 

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1)family member has to apply for a license it will be the same process as a new license but authorities genrally grant license in these case.

2) if you are willing to sell your gun you should file an application with a photo copy of your license at the ADM(city) office and after 45 days you will get the permission letter. and in your application you have to mention to whom you are selling and you also have to attach a copy of his license with your application. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hello,

yes, move an application before the appropriate office for transfer of the license and also you may move to the HC if your request is declined.

get in touch with a local lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear client, 

After father's,  You equally entitle inherit father assets. It can be transferred in your name but not in your child.

Apply for transfer on the basis of inheritance.

Brother have any family? 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Transfer of Arms License can be done on two conditions - a) When the original licencee is alive- 1. During his life-time, the licencee may transfer the arms licence to legal heirs by making an application in plain paper. 2. The person to whom licence is to be transferred shall apply on Form A. b) When the original licencee has expired- 1. Application shall be made in Form A. 2. No objection from the legal heirs, in the form of an affidavit sworn before a magistrate.

In case of death of licensee:-
In case of death of the licensee, the relatives of the deceased (licensee) should
come to Licensing Unit and submit the death certificate along with the original Arm
License.
Weapon deposit permission shall be issued to them by the Licensing Unit for
depositing the weapon belonging to the deceased with any authorized arm dealer or with
the nearest police station.
Before cancellation, weapon will require to be disposed off. There are 4 options
available to legal heirs for the disposal of weapon.
Option-1 Transfer of weapon to any legal hair having no license: In such case the
legal hair will have to apply for new license on inheritance basis.
Option-2 Transfer of weapon to any legal heir having the license but not having
permission for additional weapon.
Option-3 Sale of weapon to any authorized arms dealer or person.
Option-4 Gift of weapon to a museum or any agency after making it unusable.

T Kalaiselvan
Advocate, Vellore
84932 Answers
2197 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer