STIFF PENALTIES FOR VIOLATORS OF
GUN BAN PRESCRIBED IN SENATE BILL

Stiff penalties will be imposed on violators of the gun ban under Senate Bill 278 filed by Senate Minority Leader Aquilino 'Nene' Q. Pimentel, Jr.

The bill, which regulates the carrying of firearms outside residences or military/police camps, penalizes violators with at least six year and one day but more than 10 years of imprisonment. They may also be fined with not less than P20,000 but more than P100,000.

If the violators are public officials, soldiers or policemen, additional penalties may be imposed: absolute disqualification from any public office, dishonorable discharge from the military/police service and forfeiture of all retirement privileges and benefits.

In the absence of a valid permit to carry firearms, the bill provides that it shall be unlawful for any person to carry the same even if licensed anywhere outside his camp, station, residence or sports facility.

The bill states that the carrying of firearms shall be authorized only for those directly and primarily engaged in military, police and law enforcement functions, and for those specifically authorized under this measure.

"While the proposed measure does not intend to prohibit the ownership and possession of licensed firearms by the general public, it limits the circumstances under which a private individual may take his firearm outside of his residence," Pimentel said.

The bill takes cognizance of the fact that the firearms held or owned by civilians is for defense or self-preservation purposes. However, it emphasizes that the defense of the life, liberty and property of the public is principally for the State to provide.

"To allow the public sector thereof to take the law into their hands so to speak would serve to create the impression that the State is incapable of providing its subjects the requisite protection of their safety and welfare," Pimentel said.

Under the bill, no permit to carry firearms outside residence or camp shall be issued to any person whoever, except for the following:

1. A regular member or officer of the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP).

2. A regular agent or officer of the National Bureau of Investigation, Criminal Investigation Service, Narcotics Command, Intelligence Service of the AFP, sheriff's officers of the various courts and other law enforcements agencies.

3. A regular agent or personnel of a duly-licensed private security agency or the security forces of government agencies and only under conditions prescribed by this measure.

The bill provides that any holder of a firearm license shall carry his gun only when he is full uniform of his position or rank in the military, police or law enforcement agency; he is in the actual performance of official duty and assignment directly related to his job.

A regular member and officer of the AFP, PNP or any law enforcement agency shall be presumed to be engaged in the actual performance of duty whenever he is in full uniform of his position or rank.

The bill also provides that no permit to carry firearm shall be issued to any temporary or confidential agents or informers of the military, police or any law enforcement agency.

In filing the bill, Pimentel observed the increasing incidence of crime in the country where the main weapon used to perpetrate the misdeed is a firearm.

He said that gun-slaying has arisen out of the slightest perceived provocation, traffic altercation, parking space scuffle, gambling dispute or even a conversation gone sour.

"None of these would have led to fatal consequences if none of the parties involved in the dispute carried or possessed in his person, during the precise moment of unrestrained anger or passion, a firearm," Pimentel said.