Today PROGUN filed a petition in the Philippine Supreme Court petitioning for the annulment of several gun licensing policies of the Philippine government. The Philippine National Police (“PNP”), as the implementing agency of the firearms law RA 10591, was named as a respondent. The filing of this case is after a long period of unsuccesfully exhausting all remedies to meet and deal with the president and the PNP, who failed to heed our calls for changes to the system which has been hurting gun owners and dealers. Three core issues were raised in the petition, particularly:
- The centralization of gun licensing and renewal at PNP Headquarters at Quezon City. PROGUN seeks to set aside this policy as being a grave abuse of discretion, unjust, oppressive, and a violation of fundamental fairness and substantial due process
- The Flawed courier service that is being used to deliver approved firearms licenses as being a fraud and a deprivation of the licensed gun owner of the use of the said licenses for its full term pending it’s delivery which could take over a year, or could never arrive, and deprivation of the use of the license for ancillary purposes such as permit to transport and to carry.
- The compulsion of gun license applicants for registration to sign “waivers and consent” for the police to enter into their homes and dwelling places as being a violation of Art. 3 Sec. 2 of the Constitution against unlawful searches and seizures.
The PROGUN petition likewise seeks a temporary restraining order from the Supreme Court to maintain the status quo ante and temporarily revert back to the original licensing system, and continue to enforce the same pending the capability of the PNP to cope with the changes required in the new law. It is widely noted that the PNP as yet does NOT have the infrastructure or system to fully implement its new implementing rules and regulations of RA 10591. PROGUN is being supported in this case by the Gun Dealers Association of the Philippines who have reported zeros sales for the past few months due to the fact that no licenses are being approved by the PNP.
The PROGUN petition excluded individual persons in government as respondents inasmuch as PROGUN seeks to argue the issues and not personalities involved.
Having raised Constitutional issues the case will now go up to the Court En Banc, with the Chief Justice presiding for discussion on whether or not a TRO may be issued, prior to its raffle to a division for study and decision.
lots of reasons to back a TRO. simplest one is that everything the PNP had instituted after RA 10591 goes against the spirit and the letter of the said law. It even goes against the IRR.
My personal beef is the changes to the process in getting a LTCFOR. Why is the PNP demanding lots of clearances, requirements etc when the PNP’s own Citizen’s Charter only states a few? The only requirements listed on the Charter are the firearm licenses, DI clearance, neuro and drug test results, and gun safety seminar results. So why the need to get Police, NBI, RTC and MTC clearances???
Also, why the personal appearance to Crame? the Law and the IRR clearly stated that the CPNP or his designated representative SHALL issue a permit to carry etc etc. There should be a designated representative in all the Regional Offices of the PNP. Lack of a representative to sign in behalf of the CPNP is tantamount to a violation under the Anti Red Tape Act, wherein the mere act of refusal to accept an application is already a violation.
I hope the PNP would answer all of our questions and objections. They should, because the SC is the final venue to air our grievances, before we take to the streets.
Thank you for your comment and support. If you lay down all the objections against the IRR and the PNP policies on gun licensing, we could probably write an entire book on the subject. Suffice it to say there are many. The excuse given for this mess is always that this is a transition period and the inconvenience is only temporary. However, in the meantime thousands of gun owners cannot renew their licenses and gun dealers cannot make any sales. This has been going on since December and is already threatening to destroy the entire firearms industry and shooting sports in the Philippines. That is why we cannot wait, and that is why we filed the case.
I was trying to edit my new post but it was posted inadvertently …..how can I edit my new post mr administrator? ty much…
It is high time that complaints must be filed against agencies like the PNP whose leaders abuse their power. The Justice department particularly the Supreme court may have been waiting for this opportune time to ventilate the abusive martial law like treatment of the law abiding gun owners by the PNP. Sad to say they have good ADS proclaiming their good intensions but it is not coupled by sincerity. Their seemingly good statements are just alibis of their numerous alibis. There would be no reason to complain only if they are rational albeit meticulous. But it seems their being strict with voluminous requirements which is onerous is not justified. It creates doubt in every legal gun owner. what is the real PNP agenda then? Crime prevention is everyones business but the IRR or even the new law seems to skirt this objective, Why is this so? There is an ever widening gap between the citizen and the law enforcers which ought not be. The distrust of the PNP to the legal gun owners is counter productive for it is also creating a reciprocal mistrust of the citizens. Even if we are in a primitive society if those who attempt to maintain peace are not trustworthy will still fail mierably. In this modern day where the most effective killing machines are in the hands of criminals, what then is the rational of restricting the good from defending themselves with the same firepower from the bad? Criminals are always criminals who are out there to kill,steal and destroy…… now what?