New bill restricts carrying of guns to military
May 25, 2003 | 12:00am
Senate President Franklin Drilon has filed a bill seeking to limit the right to carry firearms to members of the Armed Forces of the Philippines and the Philippine National Police, security services and other law enforcers.
In filing Senate Bill 2480 with co-author Sen. Aquilino Pimentel, Drilon said "gun-slayings" have been triggered by the slightest perceived provocation, such as "traffic altercation, parking space scuffle, gambling dispute or, even, a tete-a-tete gone sour."
"None of these would have led to fatal consequences if none of the parties involved in the dispute carried or possessed (on) his person, during the precise moment of unrestrained anger or passion, a firearm," he said.
Drilon said limiting the right to carry firearms to law enforcers would also discourage the formation of private armies by public officials.
"While the proposed measure does not intend to prohibit the ownership and possession of licensed firearms by the general public," Drilon said, "it limits the circumstances under which a private individual may take his firearm outside of his residence."
Under SB 2480, it is "unlawful for any public official, of whatever rank or position, whether elective of appointive, to engage the services of security personnel who are not regular members or officers of the AFP or the PNP."
The bill also proposes that no permit to carry firearms shall be issued to any person "except to a regular member or officer of the AFP or PNP; a regular agent of the National Bureau of Investigation (NBI); the Criminal Investigation Service (CIS); the Narcotics Command (Narcom); the Intelligence Service of the AFP (ISAFP); the Sheriffs Office of the various courts and other law enforcement agencies created pursuant to law or executive order; and a regular agent or personnel of a duly licensed private security agency or the security forces of government agencies or government owned or controlled corporations (GOCCs)."
Drilon said any holder of a permit to carry a firearm can only carry their guns if they are in uniform as prescribed by his or her military, police or security organization and while in actual performance of an official duty or assignment, including the period of travel to and from work and while pursuing a person committing a crime or who has just committed a crime in their presence.
The bill also said "no permit shall be issued to carry a firearm that has been confiscated by the government for being smuggled."
Under SB 2480, violators who are public servants shall suffer perpetual and absolute disqualification from public office, be dishonorably discharged from the military and police services and forfeit all retirement privileges and benefits.
Drilon took note of the fact that the firearms held or owned by the general public are meant to be used for defense and self-preservation purposes only.
"However, the defense of life, liberty and property of the public is principally for the state to provide. To allow the public, or a sector thereof, to take the law into their own hands would serve to create the impression that the state is incapable of providing its (citizens) the requisite protection of their safety and welfare."
Violators will be punished with imprisonment of not less than six years and a fine of P20,000 to P100,000.
In filing Senate Bill 2480 with co-author Sen. Aquilino Pimentel, Drilon said "gun-slayings" have been triggered by the slightest perceived provocation, such as "traffic altercation, parking space scuffle, gambling dispute or, even, a tete-a-tete gone sour."
"None of these would have led to fatal consequences if none of the parties involved in the dispute carried or possessed (on) his person, during the precise moment of unrestrained anger or passion, a firearm," he said.
Drilon said limiting the right to carry firearms to law enforcers would also discourage the formation of private armies by public officials.
"While the proposed measure does not intend to prohibit the ownership and possession of licensed firearms by the general public," Drilon said, "it limits the circumstances under which a private individual may take his firearm outside of his residence."
Under SB 2480, it is "unlawful for any public official, of whatever rank or position, whether elective of appointive, to engage the services of security personnel who are not regular members or officers of the AFP or the PNP."
The bill also proposes that no permit to carry firearms shall be issued to any person "except to a regular member or officer of the AFP or PNP; a regular agent of the National Bureau of Investigation (NBI); the Criminal Investigation Service (CIS); the Narcotics Command (Narcom); the Intelligence Service of the AFP (ISAFP); the Sheriffs Office of the various courts and other law enforcement agencies created pursuant to law or executive order; and a regular agent or personnel of a duly licensed private security agency or the security forces of government agencies or government owned or controlled corporations (GOCCs)."
Drilon said any holder of a permit to carry a firearm can only carry their guns if they are in uniform as prescribed by his or her military, police or security organization and while in actual performance of an official duty or assignment, including the period of travel to and from work and while pursuing a person committing a crime or who has just committed a crime in their presence.
The bill also said "no permit shall be issued to carry a firearm that has been confiscated by the government for being smuggled."
Under SB 2480, violators who are public servants shall suffer perpetual and absolute disqualification from public office, be dishonorably discharged from the military and police services and forfeit all retirement privileges and benefits.
Drilon took note of the fact that the firearms held or owned by the general public are meant to be used for defense and self-preservation purposes only.
"However, the defense of life, liberty and property of the public is principally for the state to provide. To allow the public, or a sector thereof, to take the law into their own hands would serve to create the impression that the state is incapable of providing its (citizens) the requisite protection of their safety and welfare."
Violators will be punished with imprisonment of not less than six years and a fine of P20,000 to P100,000.
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