Transfer of residence firearm imports remain limited to one weapon despite broader licensed possession rights under customs rules

The Arms Act is described as allowing possession of up to three licensed firearms, but that right does not extend to import into India. The Baggage Rules exclude firearms from the free-duty baggage items, and the import-control regime treats firearms as restricted goods subject to limited government exceptions. Government circulars and notifications are stated to permit only one firearm on transfer of residence, so importing multiple firearms is not allowed under the statutory and policy framework.

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Issues: Whether a person transferring residence to India can import more than one firearm under the Arms Act, the Baggage Rules and the Export-Import policy.

Analysis: The statutory scheme showed that the Arms Act permitted possession of up to three firearms with valid licences, but did not itself confer a right to import them into India. The Baggage Rules regulated only articles admissible as bona fide baggage and specifically excluded firearms from the free-duty items listed in the relevant appendix. The import policy under the export-import regime treated firearms as restricted goods and permitted import only within the limited exceptions recognised by the Government. The Government circulars and notifications consistently allowed only one firearm on transfer of residence, subject to conditions, and there was no basis to read the rules as permitting multiple firearms to be brought in.

Conclusion: The right to possess up to three licensed firearms did not include a right to import more than one firearm on transfer of residence. The restriction to one firearm was upheld and the challenge failed.

Final Conclusion: The statutory and policy framework was held to permit import of only one firearm on transfer of residence, and the dismissal of the writ petition was affirmed.

Ratio Decidendi: Possession under the Arms Act does not by itself confer an unrestricted right of import where the customs and import-control regime validly restricts firearms, and the Government's limited permission for transfer of residence prevails.

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