‘Gunning’ for the law

A couple of years ago a young couple residing outside Metro Manila went through a most harrowing experience. One early evening, they came home finding three armed men inside their home. The men had tied up the maids and locked up the couple’s teenaged daughter and young son in the master bedroom. The father saw the criminals were eyeing his 16-year-old daughter, with one of them suggesting to bring the girl inside another room — their intention very obvious. The father begged and pleaded, eventually convincing them his daughter was ill. While they were all locked up in the master bedroom, the criminals proceeded to rape the two maids — hearing the screams.

A week before the incident, the father was about to buy a shotgun because of the increasing crime surge in the area — but for some reason decided against it — a decision that he said he totally regrets to this day. He knew that had he been armed, most likely he would have been able to do something while they were locked up in the room.

Many law-abiding citizens who have faced similar situations say they cannot entirely depend on the police for their protection — believing that being armed gives them a chance to protect themselves from lawless elements. A few years ago (if my memory serves me right), a media reporter in Cebu was inside his tinted car when he saw through his rear view mirror a man approaching his vehicle. He clearly smelled danger. A trained shooter, the reporter took out his licensed firearm and before the gunman could even cock his gun, the reporter shot him between the eyes through the tinted glass window. There is no doubt at all in the media man’s mind that his gun saved his life.

No one can also blame President Noynoy Aquino for being a gun enthusiast since he himself was almost killed during the August 1987 coup attempt. Noynoy was helpless when, on his way back to Malacañang, rebel soldiers fired at his car, instantly killing three of his bodyguards while he sustained five bullet wounds. To this day, he carries a grim reminder of that fateful day: a bullet still lodged near his neck.

A lot of people agree with the President that a total gun ban is not a realistic solution, and neither will it end crimes committed with firearms — because simply put — criminal elements more often than not use unregistered firearms. Even with a total gun ban — which is happening now with the Comelec having imposed it because of the coming May elections — do anti-gun advocates think criminals will abide by the law and stop going around carrying unlicensed weapons? Obviously, individuals intent on committing crimes will continue with their nefarious activities — gun ban or no gun ban.

The United States however is a totally different story. The right to bear arms is enshrined in the US Constitution through the Second Amendment, giving Americans the right to carry even long firearms. But recent gun shooting incidents like what happened in Sandy Hook Elementary in Connecticut have sparked heated debates not for a gun ban but tougher ownership and gun control laws.

In the Philippines, gun ownership is considered a privilege. And indeed it is — a privilege given to responsible, law abiding citizens who want to be allowed to carry — or at least have their own guns, as an added measure of protection since clearly the number of policemen — which has reportedly increased to 140,000 — is not enough to protect the 100 million Filipino population whose numbers keep increasing by the day. The ideal cop-to-population ratio is 1:500 according to international standards.

The real problem we have today is that there are just too many loose firearms in the country — definitely a lot higher than the PNP’s estimated 600,000 based on the number of expired licenses that have not been renewed — due to illegal gun manufacturers and smugglers, with gunrunning syndicates even reportedly headed by policemen. Penalties for the illegal manufacture and illegal possession of weapons under Presidential Decree 1866 are virtually slaps on the wrist especially for big time violators. Punishment for illegal possession of a low-powered firearm is four to six years of imprisonment plus a fine of P15,000, while possession of high-powered firearm has a jail term of six to eight years and a fine of P30,000. It’s also a bailable offense, so recidivists and smugglers can easily pay their way out of jail.

What we need is strict implementation of gun ownership requirements that include drug tests and neuropsychiatric examinations — and a law that is tough enough and provides for stiffer penalties for illegal possession and illegal manufacturing of firearms, like Senator Ping Lacson’s proposed Senate Bill 2993 (whose counterpart measure in Congress has been approved on third reading) that’s been described as thorough and very comprehensive. SB 2993 seeks to repeal the “weak” and “obsolete” PD 1866 by imposing higher penalties, including the maximum penalty of “reclusion perpetua” or life imprisonment for gun smuggling, illegal manufacturing, illegal possession of three or more firearms.

The debate on gun ownership can continue but it is very clear that gun-related crimes or gun-related violence will not end with the imposition of a total gun ban — as seen during election periods where increasing crime waves are observed. As the President rightly put it — criminals will be the first ones to say “thank you” if a total gun ban is imposed. No question every law abiding, responsible citizen should not be deprived of his right to protect himself from criminals and lawless elements.

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