Blank gun license Update | 2024 Delhi High court verdict
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Blank gun license Update |
Blank gun license Update | 2024 Delhi High court verdict
hi guys here is final 2024 Delhi high court verdict on blank gun license , please go below you will find the high court verdict as well written we will have to make comprehensive representation and submit in union of india MHA looking forward for association , dealer to come forward together
if you are a part of gun right association, dealer and interested to be part of this mail at - [email protected] with sub - Blank gun representation
we will keep you updated in future
IN THE HIGH COURT OF DELHI AT NEW DELHI
Decision delivered on: 12.01.2024
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE AMIT BANSAL
[Physical Hearing/Hybrid Hearing (as per request)]
RAJIV SHAKDHER, J. (ORAL):
1. The petitioner claims to be the importer of guns, which are used for
TV shows, films, and theatrical performances.
2. It is the petitioner’s case that since the guns imported do not release a
projectile, they do not fall within the purview of the definition of “firearms”
as provided under Section 2(e) of the Arms Act, 1959 [in short, “1959 Act”].
2.1 Based on this line of argument, it is also argued by Mr Chinmoy Pradeep Sharma, learned senior counsel, who appears on behalf of the
petitioner, that there is, in fact, no requirement for the petitioner to obtain a
license for the acquisition of guns in issue, as the provision made in that
behalf in the 1959 Act, which is embedded in Section 3, concerns only a
firearm.
3. Mr Sharma also claims that, although the license for arms and
ammunition used for theatrical performances, films, and television
productions is required to be obtained under Rule 42 of the Arms Rules,
2016 [in short, “2016 Rules”], an exemption notification dated 18.07.2016
has been issued for “firearm replicas”.
3.1 In sum, it is the petitioner’s case that the guns imported by him stand
on the same footing as firearm replicas since they do not, as indicated above,
release a projectile.
4. It is stated that what is fired are blank cartridges which emit sound but
not a projectile.
5. Given this position, we have put to Mr Sharma as to whether the
petitioner would like to make a representation to respondent no.2, i.e., UOI
through the Ministry of Home Affairs so that the forensic report placed
before us and the other materials can be examined by the concerned
authority in the first instance.
6. Mr Sharma, on instructions, says that the petitioner will make a
representation to respondent no.2/UOI and that the court may direct disposal
of the representation within a stipulated timeframe.
7. Accordingly, the writ petition is disposed of with a direction that the
petitioner will make a comprehensive representation, which will be
accompanied by the relevant material for consideration of respondent no.2/UOI.
7.1 Once such a representation is made, the same will be considered and
disposed of via a speaking order within eight (08) weeks.
8. The writ petition is disposed of, in the aforesaid terms.
9. Parties will act based on the digitally signed copy of the order.
RAJIV SHAKDHER, J
AMIT BANSAL, J
JANUARY 12, 2024
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