Gun law in the Philippines is regulated by the Firearms and Explosives Division of the Philippine National Police. In order to possess a firearm in the Philippines, a person must be at a minimum age of 21 years and pass a background check to be issued a Possession License. They must also take a firearms training and safety course. Any history of mental illnesses or domestic violence within the individual or the family will cause an applicant to have their request rejected.

The Philippines is one of the least gun restrictive countries in Asia, this is in part as a cultural legacy from the days when the Philippines was an American Commonwealth. However, the Supreme Court of the Philippines ruled in Chavez v. Romulo that, unlike the United States, the right to gun ownership is "a mere statutory privilege, not a constitutional right" and cannot be "classified as fundamental" nor "considered an inalienable or absolute right".[1]

Most laws regarding civilian ownership of firearms in the Philippines concern registration and background checks. There is also focus on disarming various militant groups, such as the Islamic separatist groups in Mindanao and the communist rebel groups such as the New People's Army. The Philippines has also enacted laws as a result of many incidents of armed political violence during elections.

During his presidency, Ferdinand Marcos implemented gun confiscations against citizens. These were part of his martial law regime, what he referred to as "The New Society" or the Bagong Lipunan, as well as to quell the Moro separatist groups in Mindanao. Since then, gun control has become a more prominent issue in the Philippines.

Guns are used for hunting, target shooting, self-protection and security purposes. Filipinos can carry pistols and handguns in public by acquiring a Permit to Carry.[2]

PROGUN is the main gun lobby of the Philippines, which is an organization meant to protect Filipino gun rights as well as to endorse politicians who will do so.

According to a 2014 study, there are 1,700,000 licensed firearms owners and 3,900,000 privately owned guns (legally and illegally) in the country.[3]

History of firearm laws in the Philippines

The Philippines was a Commonwealth of the United States, a country known for its cultural pride of gun ownership and gun rights. Since the Spanish–American War and Philippine–American War, the U.S. allowed gun ownership and gun rights among the Filipino populace, with some exceptions.

Gun control was a small issue in the Philippines. However, this became an issue during the various armed insurgencies in the country in the 1960s and 1970s by Islamic militants in Mindanao and communist groups throughout the country.

Strict gun control was enacted in 1972 under the presidency of Ferdinand Marcos. Under Proclamation No. 1081, citizens were banned from carrying a firearm outside of their residences. Though, despite the government claims that this was a temporary gun control law, citizens often fell victim to door-to-door searches for firearms. Confiscated firearms were not returned.

During the 2010 election season, on January 10, a ban was implemented which completely prohibited citizens from carrying firearms in public, with no exceptions. Off-duty police officers carrying their guns in public were arrested for failure to comply with the law. This gun ban was a measure to prevent political killings, as the Philippines often deals with armed conflict during elections such as the Maguindanao massacre.[4] This move saw opposition from the gun lobby, especially from members of PROGUN.

On May 29, 2014, President Benigno Aquino III signed Republic Act 10591,[5] requiring gunsmiths to have licenses to repair registered firearms. The law also required gun owners to renew their licenses every two years, and registration of their guns every four years. Failure to comply will result in revocation as well as confiscation of guns. This new law also required people who wish to carry their firearms outside of their residence to apply for a Permit to Carry, under good reason; these permits are often given to high-profile people.

On May 6, 2022, President Rodrigo Duterte signed Republic Act No. 11766, which eased gun application requirements for qualified people in imminent danger due to the nature of their professions; the law also extended the validity of gun registration from two years to five or 10 years, at the option of the licensee.[6][7]

Current gun ownership law

Republic Act 10591

Qualifications to carry guns were set forward by Republic Act 10591 (RA 10591) or the Comprehensive Firearms and Ammunition Regulation Act. RA 10591 stipulates that people seeking to carry a gun may apply for a Permit to Carry Firearm Outside Residence (PTCFOR). PTCFORs are granted on a may-issue basis at the discretion of the issuing authority. A qualified person may apply for a PTCFOR if they are under actual threat. The law specifies people who are considered to be in danger due to their profession or activities. These include lawyers or members of the Philippine Bar, certified public accountants, accredited media practitioners, cashiers, bank tellers, priests, ministers, rabbis and imams, physicians, nurses, and engineers. Businessmen who, by nature of their activities are at high risk of being targeted are also allowed to apply for PTC.

Section 10 of RA 10591 also specifies the firearms that may be registered. Only Class A light weapons (firearms not chambered in a caliber exceeding 7.62mm or capable of fully automatic fire) are allowed to be registered by licensed citizens or juridical entities for ownership, possession, and concealed carrying.

The act also provides for the procurement of arms for use by law enforcement and military personnel. It states that a class B light weapon shall only be possessed by the Armed Forces of the Philippines, the Philippine National Police (PNP) and other authorized law enforcement agencies.

Licensing and registration

RA 10591 lays out the licensing and registration requirements for firearms.

First and foremost, all firearms must be registered with the PNP. Firearms for use in sports and competitions also require licensing. Firearm and ammunition manufacturers must also apply for licenses. Gun stores are also required to have a license based on the new law for the purchase and sale of guns, as well as general business in handling firearms and ammunition. Gunsmiths must also apply for a license before they may repair registered firearms.

Current laws require gun owners to renew their licenses every two years on or before the date of expiration. If they fail to renew their licenses, it will be automatically revoked, resulting in the lawful confiscation of the firearm by the PNP.

The registration of the firearm must also be renewed every four years, else the license will be revoked and the firearm will be confiscated. Failure to renew the license or registration twice will result in the person being permanently barred from applying for another firearm license.

Renewal applications of the license or registration may be submitted to the Firearms and Explosives Office (FEO) of the PNP within six months before the license or firearm's expiration.[8]

Sources

  1. ↑ Supreme Court of the Philippines (2004). "G.R. No. 157036 - FRANCISCO I. CHAVEZ, PETITIONER, VS. HON. ALBERTO G. ROMULO, IN HIS CAPACITY AS EXECUTIVE SECRETARY; DIRECTOR GENERAL HERMOGENES E. EBDANE, JR., IN HIS CAPACITY AS THE CHIEF OF THE PNP, ET AL., RESPONDENTS.D E C I S I O N - Supreme Court E-Library". Supreme Court E-Library.
  2. ↑ Brown, Sophie (15 January 2014). "Accountants and priests can carry guns under new laws in the Philippines". CNN.
  3. ↑ Philip Alpers. "Guns in the Philippines — Firearms, gun law and gun control". gunpolicy.org.
  4. ↑ McIndoe, Alastair (13 January 2010). "Philippines Bans Guns During Election Campaign". Time.
  5. ↑ Felipe, Cecille Suerte (July 27, 2013). "New gun control law to take effect in September". The Philippine Star. ABS-CBN Corporation.
  6. ↑ Romero, Alexis (May 18, 2022). "Duterte signs law extending gun registration validity". The Philippine Star. Archived from the original on May 17, 2022.
  7. ↑ Pedrajas, Joseph (May 17, 2022). "Duterte OKs easing of procedures for gun permits". Manila Bulletin. Archived from the original on May 17, 2022.
  8. ↑ "Republic Act No. 10591". Official Gazette (Philippines). 29 May 2013.
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.