Disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer Residence - Customs - F. No. 497/57/87-Cus. VI

Disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer Residence F. No. 497/57/87-Cus. VI Dated 5-1-1988 Government of India Ministry of Finance (Department of Revenue) New Delhi Subject : Disposal of fire arms imported in baggage upto 31-1-1987 and those imported under Transfer Residence. 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 regularise 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 recognised by Central/State Government or their members, on the basis of 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 fire arms made in baggage including unaccompanied baggage up to 31-1-1987 are concerned you may now release the detained fire arms. 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 Rules 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 fire arms imported under T.R. Rules are allowed clearance only at the level of Asstt. Collector of Customs after due verification since personal fire arms are not permitted for possession in many countries, particularly, by persons who are not nationals of that country.