Chavez, a taxpayer and gun owner himself, said the implementing guidelines issued by the Philippine National Police (PNP) on Jan. 31 in line with Mrs. Arroyo’s directive should be nullified for being unconstitutional.
He asked for a temporary restraining order as he raised several issues as to why the gun ban is violative of existing laws.
Named respondents to the petition were Executive Secretary Alberto Romulo, PNP chief Director General Hermogenes Ebdane Jr. and PNP-Firearms and Explosives division chief Senior Superintendent Geary Barias.
In his 55-petition, Chavez said the President has no power or authority to impose a gun ban through a mere speech she delivered, because by doing so she changed existing laws on firearms which only Congress can do.
Chavez stressed that Administrative Code of 1917 states that a person may own a firearm for personal protection, recreational purposes and other lawful purpose provided he applies for a license to own the same.
"A person is also allowed to carry his firearm outside of residence provided he could prove that he is under actual threat or that his life is in imminent danger due to the nature of his position, occupation or calling," the petition read.
He added the President did not issue any executive order imposing the gun ban and thus its implementation by the PNP violates the people’s right to life and to protect life and their property right to carry firearms. – Aurea Calica