Can police seize my gun i have valid licenense
noor
(Querist) 17 January 2012
This query is : Resolved
i am ex service man am doing job in security department i have pistol i have license . when am performing duty then police was arrested me and saying that i did not have permission to do as gun man for other people and same they arrested me and seize my gun . ploice have rights to seize my gun tell me about that they book me in arms Act under section 30
Nadeem Qureshi
(Expert) 17 January 2012
Dear Noor
as you informed that you are ex-service man and doing a job in security department and had a pistol, police can not arrest you without any reason and police have no right to file any case against you till you have not done any wrong. send an application-cum-complaint to higher authorities of police and CM, CJI, Human Rights And PM Office in this regards.
Feel free to call
Shonee Kapoor
(Expert) 17 January 2012
This query is valid, what was the license for?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 January 2012
If the license is given for security reason then the objection of police is entirely wrong and illegal which requires to be challenged before SSP.
Devajyoti Barman
(Expert) 18 January 2012
I differ in opinion.
The Pistol for private use is given for personal protection and it by no means can be used for giving protection to otheres.
In this case if the Pistol is not licensed for giving security to others as the author was doing then the Police was very much right to arrest him.
V R SHROFF
(Expert) 18 January 2012
I Agree with opinion of Mr. Barman.
he is using it for others, selling and earning out of it illegally, instead for his personal/ family members. Commercial use of it is objected here.
Police objection "i did not have permission to do as gun man for other people" stands.
He can apply , on Security Services basis, and get new permissible / Licence.
J K Agrawal
(Expert) 18 January 2012
Each and every body has a right to protect himself and other’s person and property and any thing done to do so is not an offense as per section 97 of IPC.
You can hold and use your gun even professionally if not prohibited under the terms of your license.
Section 30 is punishable with small punishment and no confiscation is possible under that.
Sudhir Kumar, Advocate
(Expert) 19 January 2012
I may take liberty to partially disagree with Learned Mr JK Aggarwal. If someone is having a weapon (Licensed) and see threat to other person then S/97 APC may protect him if he uses the weapon gratuitously for defence of person and property of self or other. It is not the case of rising to urgent threat. Here the person [probably licensed to have weapon for self defence]was using it for commercial purpose. Mr Shroff has opined that the person was using his weapon for others and agrees with Mr Burman. Mr Kapoor and Mr Makkar also have curiosity as to what for gun was licensed. The queriest is not clafifying the same. Witout this informatio none will be able to give him cogent advise.
