Circular No. 30 dated 22^nd May 2001

The undersigned is directed to refer to the Ministry�s letter F. No. 497/ 57/ 87-Cus.VI dated 5.1.88 (copy enclosed) on the above subject, wherein it was clarified that fire arms allowed to be imported into India shall not be transferred to any person during the lifetime of the importer for consideration or otherwise. Recently, a request was received in the Department from a passenger (who had earlier been allowed in 1990 a fire arm import on appropriate duty) to be allowed to dispose off the firearm as he had become old and sick and wanted to spend money received from sale of firearm for maintaining his health/ cost of living. On refusal of his request, the matter was taken by him to Delhi High Court where the policy of the Government on disposal of firearms during the lifetime or later came up for review. The Government was asked by this Hon�ble Court to clarify its disposal policy especially after the demise of the person, if the firearm was not permitted to be disposed off during the lifetime of the firearm owner. The Ministry of Home Affairs who were consulted has clarified and this was brought to notice of the Hon�ble Court that disposal of the fire arms after the demise of the person may be allowed in the following manner: 

(i)        By transfer to the legal heirs; and

(ii)       By sale of arm by the legal heir to a licence holder or arms dealer

The Hon�ble Court has taken a note of the Government�s policy clarification and rejected the request for disposal/ transfer of fire arm to any other person as made by the petitioner.

You are requested to bring the above position to the notice of all concerned. No disposal of Customs cleared firearms is permitted during lifetime of the owner, but after the demise of the person concerned, the disposal/ transfer be permitted as per above mentioned latest clarification of Home Ministry.

Attention is invited to Ministry�s letter bearing F.No. 495/ 106/ 86-Cus.VI, dated 12-8-1987, and Telex messages dated 13-8-1987 and 8-9-1987 regarding disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer of Residence etc.

2.      The transitional problems arising out of sudden imposition of ban on the imported of fire arms in baggage or as gift and the delay in communicating the decision regarding this prohibition to the concerned authorities, particularly, our Missions abroad, had been under consideration of the Government. Having regard to these transitional problems and at the same time keeping in view the need to eliminate profiteering by unscrupulous elements, on account of high co-premium commanded by weapons of foreign make in the Indian market, Government have decided - 

(1)     to regularize all import made up to 31-1-1987 (except those which were already confiscated and disposed of by the customs authorities) subject to the condition that such fire arms shall not be transferred to any person in India during the life-time of the licensees for consideration or otherwise;

(2)     to permit persons bringing their personal effects under the Transfer of Residence Rules, 1978 to import one fire arm which was in their possession for a minimum period of one year subject to the condition that such fire arm shall not be transferred to any person in India during their life-time for consideration or otherwise; and

(3)     to permit import of sporting weapons for target practice by rifle Clubs/ Associations recognized by Central/ State Government or their members, on the basis or specific recommendations of the Department of Youth Affairs and Sports.

3.      So far as decision at (3) above is concerned, CCI & E would make suitable provision in the Import policy permitting the import of sporting weapons for target practice by Rifle Clubs/ Associations.

4.      So far as import of firearms made in baggage including unaccompanied baggage up to 31-1-1987 are concerned you may now release the detained firearms. A condition may, however, be put in the Arms Licence of the importer concerned that the fire arm shall not be transferred to any person in India during the life time of the licensee for consideration or otherwise.

5.      So far as imports under Transfer of Residence Rule are concerned, a similar condition may also be endorsed in the Arms Licence of the passenger concerned. Necessary action is being taken to carry out appropriate amendment in the Baggage (Conditions of Exemption) Rules, 1986 to provide for a condition to the above effect. Having regard to the sensitive nature of the item, you are requested to ensure that transfer of residence facilities in respect of import of a fire-arm are permitted only in those cases where proof of possession for a period of one year by way of a possession license or an Arms Licence, wherever required, in the country of residence abroad is invariably insisted upon besides the purchase vouchers to establish the period of ownership. If there are genuine doubts regarding the ownership and possession of the fire arm for a minimum period of one year abroad, the concessions under the T.R. Rules should be denied and fire arms so imported, confiscated absolutely. You may also ensure that firearms imported under T.R. Rules are allowed clearance only at the level of Asstt. Collector of Customs after due verification since personal firearms are not permitted for possession in many countries, particularly, by persons who are not nationals of that country.