In his 31-page appeal, Chavez described the power of the PNP to impose a "gun ban" as unfair, as it violated the "people’s rights" to protect themselves against criminals.
Chavez also described as "plain and simple robbery" the failure of the PNP to refund the fees for the PTCFORs when the permits are invalidated by a gun ban. Fees for a PTCFOR range from P4,000 to P8,000 depending on the make of the firearms.
He said that the refusal of the PNP to refund the fees of the 32,465 holders of PTCFORs made them victims of a "scandalous scam involving P128 million."
Chavez said the PNP guidelines violated the equal protection clause of the Constitution as it would "oppress" law-abiding gun owners at the expense of lawbreakers.
He said the decision upholding PNP chief Director General Hermogenes Ebdane’s authority to revoke PTCFORs also violated the right to due process.
"If a license duly issued may be revoked at the whim and caprice of the issuing authority, then the exercise of the people’s rights and privileges would be at the mercy of those in power," Chavez said. "Surely, this cannot be allowed."
Chavez argued that even if the carrying of firearms was a mere privilege granted by the State, the license to carry a gun should be upheld because it involved the right of people to secure their lives and property.
"This right to life, although not expressed in the Philippine Constitution and any law, is inherent in every human being," he said.
Chavez noted that some studies had shown that gun bans had no significant effect on the volume of crime.
"Revoking existing PTCFORs only turned licensed firearms into unlicensed ones. How could this possibly deter or reduce the crime rate?" he asked.