Responsible gun ownership

Many of my fellow weekend-shooter friends have been asking me about RA 10591, the new law covering gun ownership in the country. Sport shooting is a fast growing sport here, and while I still cannot find the time to actively be part of that enviable league, I do enjoy weekends on the range, and I know that I share this joy with many others out there who do not have the time to immerse themselves fully into the sport.

The IRR (Implementing Rules & Regulations) of this new act is set to be published by the end of the month, so the implementation is sometime in November. I sought out the chief of the Inspection and Enforcement Section of the Firearms and Explosives Office (FEO) of the PNP (Philippine National Police), a young Police Major named Ricardo Zapata who very cordially accommodated me in his office one afternoon last week for an on-cam interview about the new law.

It turned out to be a very fruitful afternoon for me as an avid gun enthusiast, and Major Zapata was as knowledgeable as he was pleasant and courteous.  As chief of the section, the buck stops at his office when it comes to gun licenses, and that includes complaints and investigations, as well as rules and regulations governing manufacturers and dealers of ammunitions and firearms.

For starters, we touched on the thriving industry of the homemade “paltiks” which I understand is still going on in Danao, Cebu. The young Major says that the PNP has not gone soft in their stance on these illegal manufacturers. Buyers are also cautioned: paltiks cannot be registered and will be automatically confiscated, even from security guards, and with mere possession, the PNP can file a case against you for illegal possession.

With this new law, one is first required to acquire a license to possess a firearm before actually buying the firearm. One cannot simply buy without first securing a license to own and possess a firearm and the FEO will determine which category you will fall into and what type of license you can be issued.  For Type 1, a gun owner can procure a maximum of two (2) firearms; for Type 2 he can have a maximum of five (5) firearms; for Type 3, it’s a maximum of ten (10) firearms; for Type 4, it’s a maximum of fifteen (15), and for firearms beyond this number, one will have to fall into Type 5 where he needs to be certified as a gun collector.

These licenses don’t come cheap. For Type 1, you have to pay P1,000/gun; Type 2 – P3,000/gun; Type 3 – P5,000/gun; Type 4 – P8,000/gun; and Type 5 – P10,000/gun. For gun collectors, one must get a special license and pay an additional P5,000.

Major Zapata says that this new law requires a one-time application for a firearm license regardless of the number of guns. Their office has made it less bureaucratic and more gun owner-friendly. The license to possess is good for two (2) years, while registration of a new firearm is valid for four years, after which time it can be renewed every two years. The very articulate Police Major, who’s a Mindanao conflict veteran, made it very clear that whereas before one has to secure a Firearms License for every gun that’s purchased, the new law requires only one  (1) license for all the guns you may have in your name, just like one (1) driver’s license regardless of how many motor vehicles you own.   

With the new law, gun owners are advised to renew as early as six months before the expiration of their license (your birth date is still the reference here), because one day after the expiration, your license is automatically revoked by the PNP, and Major Ric reminds everyone that with a revoked license, the gun is considered a loose firearm.

To apply for a firearm license, one has to be a Filipino citizen, at least 21 years old, of good moral standing, gainfully employed and able to show that you have the financial capacity to own a firearm. How? By submitting an ITR (Income Tax Return), because according to the FEO, the firearms and the gun licenses don’t come cheap.

For gun owners who wish to sell, one must be very careful as a mere deed of sale cannot relieve you of your responsibility towards a particular firearm. You have to make sure of the transfer of ownership (registration and license in the name of the new owner) before you actually relinquish ownership. And very important, the buyer must be a licensed firearm owner.

What to do when, in the distant past you sold a firearm and you do not know if it had actually been transferred or who, in fact, owns it now? I brought this up to Major Zapata and asked if it was a wise and legal move to declare it as a lost firearm. He said that would be an option, if only to protect yourself from an otherwise innocent (albeit uninformed) decision in the past, and suggested that the matter be brought up to the FEO, together with an affidavit of loss and proof of police blotter. It’s not a simple matter to sell a gun you no longer want to keep, or to buy a previously-owned gun. For one, you cannot be sure if your buyer can pass the requirements for gun ownership which, by the way, includes a psychological test apart from a drug test.

Going now into this, gone are the days of “non-appearance” (“kung meron man”, says Major Zapata) in getting a license because the PNP has incorporated biometrics in the new process. Your fingerprints will be taken as well as your photograph, which will be in your complete file. You will have to pass the psychological and drug tests, submit a police clearance, and you must undergo their basic gun safety seminar. Yes, even if you have undergone this in the past. Their qualified instructor can validate if you have in fact actually gone through this. I fully understand the need for a psych and drug test, which I personally feel should be mandatory for all gun owners. And yes, you cannot get a license to own if you have been convicted of any crime involving moral turpitude or are currently accused in a pending criminal case before any court of law for a crime that is punishable with a penalty of more than two years.

My interview with Major Zapata lasted more than an hour and we covered a lot of grounds as he answered all of the most “frequently asked questions” involving gun ownership here in the Philippines. The full interview will be aired in three parts in the Sports Shoot segment of our weekly television show Business & Leisure, aired every Tuesday at 10 p.m. on HSN, Channel 13, of Sky Cable Network. This column shall also carry the gist of the full interview, and the foregoing is only the first part. More to come next week.

Mabuhay!!! Be proud to be a Filipino.

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