Groups question new gun law at SC

MANILA, Philippines - Two groups of gun enthusiasts questioned before the Supreme Court (SC) a new law imposing stricter requirements for obtaining firearm licenses in the country.

In separate petitions filed Tuesday, the Gun Owners in Action (GO Act) and Peaceful Responsible Owners of Guns Inc. (PRO Gun) asked the high court to void certain provisions in Republic Act 10591, the Comprehensive Firearms and Ammunition Regulation Act of 2013, for alleged violation of various constitutional rights.

GO Act board members and licensed gun owners Eric Acosta and Nathaniel dela Paz questioned at least five sections of the law, enacted in May last year, that imposes stiffer penalties for violators.

Rights violations

The group alleged that Section 4 (g) of the law, which disqualifies an individual with a pending criminal case from securing a license to own and possess a firearm and to actually own and possess a firearm, violates the constitutional presumption of innocence. They argued that a person merely accused of an offense or crime is different from another one already convicted in court.

Petitioners also assailed Sections 10 and 26, which prohibit ownership of a light weapon from being passed through succession; Section 7.3 of the implementing rules and regulations, which omits engineers as among the individuals exempted from the requirement of a threat assessment; and Section 7.12 of the IRR, which prohibits the carrying of a firearm in places of worship and all other commercial or public establishments.

Acosta and Dela Paz also assailed the provision that allows police to conduct warrantless searches of homes in the guise of firearms inspection. They said this violates the right of the people against unreasonable and illegal searches and seizures under Article 2 Section 2 of the Constitution.

With these grounds, they asked the high court in the 157-page petition to issue a writ of prohibition against the implementation of these provisions in the law.

“We assailed these issues because they strike at the very heart of the right to own and carry a firearm. We identified and assailed these issues after much study of law and jurisprudence as well as consultation with our various supporters and senior advisers,” explained their lawyer Rodrigo Moreno.

The petition named as respondents Executive Secretary Paquito Ochoa, Interior and Local Government Secretary Mar Roxas and top officials of the Philippine National Police, led by Director General Alan Purisima.  

‘Arbitrary’ PNP move

PRO Gun, for its part, raised the same legal questions as well as the move of the PNP to centralize all gun regulatory processes – including requirements, testing and licensing – in its headquarters in Camp Crame, Quezon City.

The group alleged that the PNP committed grave abuse of discretion in coming up with such order that is “arbitrary, whimsical, and so difficult to comply with,” considering that there are 1.5 million licensed gun owners in the country spread all over the regions. 

Just like GO Act, PRO Gun also slammed the provision allowing warrantless searches of homes in the guise of firearms inspection. 

Finally, Pro Gun claimed that the PNP’s outsourcing of firearms license delivery by courier service violates due process since this system “deprives the licensed firearms holder of his license for the period after approval, when his license is not delivered and of its use for other ancillary purposes.”

The group asked the SC to immediate issuance of a temporary restraining order against the implementation of the provisions they questioned.

The PNP has defended the new gun control law, saying that this will curb the proliferation of loose firearms in the country and speed up the resolution of crimes involving stray bullets and loose firearms since the law mandates that all firearms shall undergo ballistic examination before being put to service.