Disposal of Firearms after 10 Years of
Import Allowed in Baggage Cases under Transfer of Residence (TR)
[CBEC Circular No. 04 dated 15th
January 2013]
Subject: Disposal
of firearms imported as baggage under transfer of residence.
The undersigned is
directed to refer to Ministry’s letter F.No.
497/57/87-Cus-VI, dated 05.01.1998 whereby it was clarified firearms imported
as baggage are not allowed to be transferred to any person for consideration or
otherwise during the lifetime of the importer and to state that this issue has
been re-examined in the context of a reference requesting permission to dispose
an imported firearm on ground of old age.
2. In this regard it is observed that DGFT has
revised the import policy on disposal of imported firearms vide Public Notice
No. 82/2009-2014(RE-2010), dated 17.10.2011. Accordingly, Para 2.43.2 of the
Handbook of Procedures Vol.I, 2009-2014 stands
modified and amongst other changes it now provides that transfer of imported
firearms will not require permission from DGFT after ten years of import. Imports
under baggage are exempt from the normal provisions of the Foreign Trade Policy
in terms the Foreign Trade (Exemptions from Application of Rules in Certain
Cases) Order, 1993. Thus, the said DGFT’s Public Notice dated 17.10.2011 does
not apply to imports as baggage. The implication is that the relaxation
provided by DGFT does not apply to firearms imported as baggage under transfer
of residence and the restriction that these cannot be disposed in any manner
during the lifetime of the importer continues to apply. This places persons importing firearms as baggage at a disadvantage viz-a-viz other importers.
3. DGFT was consulted in order to address the
inequitable situation aforementioned. DGFT has clarified that the relaxation at
their end in regard to allowing the disposal of imported firearms was made in
consultation with the Ministry of Home Affairs, amongst others. DGFT has also
recommended that it is desirable to liberalize the provision of disposal of
firearms imported as baggage and harmonize it with their Public Notice.
4. In view of the above, I am directed to state
that Government has decided to allow passengers importing a firearm as baggage
on transfer of residence to dispose the same after ten years of import. The
disposal will be to persons legally entitled to possess the firearm. The
condition that no disposal can take place till ten years of import may be
endorsed on the arms licence of the passenger at the
time of granting the facility under transfer of residence.
5. Further, in view of the sensitive nature of
the item viz. firearm, Government has decided that an eligible person would be
allowed to import only one firearm under transfer of residence in his/her
lifetime. In other words, even though the facility of transfer of residence can
be availed every three years at present, a firearm can be imported only once.
6. Board’s instruction vide
F.No. 497/57/87-Cus-VI dated 05.01.1988 and
subsequent Circulars including Circular No. 63/1995 Cus.,
dated 07.06.1995 stand modified to the aforementioned extent.
7. The change in Government policy may be brought
to the notice of all concerned. Difficulty, if any, in implementing this
decision may be immediately informed to the Board.
F.No.401/179/2012
–Cus III