Monday, December 03, 2007 Rama: Firearm Laws for the Armed Citizen By Karlon N. Rama Stage Five
(Conclusion)
REPUBLIC Act (RA) 8294 amends certain provisions of the old Presidential Decree 1866.
One of its highlights is that it distinguishes between high-powered firearms—anything above 9mm in pistols and anything larger than .22 LR in rifles-– from their low-powered counterparts-–anything between a .22 short and 9mm in pistols and from .177 and .22 LR in rifles.
In relation to this, the penalty for the illegal possession of a firearm now depends on the caliber-–Prision Correccional (six months and one day to six years) plus a fine of not less than P15,000 if the firearm is deemed low-powered and Prision Mayor (six years and one day to 12 years) if the gun is deemed high-powered.
Some people say the penalties are still severe.
But remember, before RA 8294, the penalty for the illegal possession of any gun was Reclusion Temporal (12 years and one day to 20 years) in its maximum period (17 years and four days) to Reclusion Perpetua (20 years and one day to 40 years).
Another highlight of RA 8294 is that the use of an unlicensed firearm in a defensive shooting no longer results in the filing of an additional case for illegal possession.
ABSORBED. The use of the unlicensed firearm in a shooting is merely an aggravating circumstance of the original crime.
If charged after having been forced to use the gun on somebody, the gun owner only needs to convince the court that the shooting was justified and no added case for illegal possession will materialize.
The Supreme Court observed the rule when it ruled in the cases of People vs. Barros in 1995, in People vs. Molina in 1998, in People vs. Ladjaalam in 2000.
In incidents involving the separate crime of rebellion or insurrection or sedition or coup, it is absorbed as an element of the crime charged.
Under PD 1866, this was an aggravating circumstance that intensified the crime to a degree that it warranted the supreme penalty of death.
RA 9294 was authored by then Sen. Ramon Revilla Sr. and was signed into law in June 6, 1997 by then president Fidel Ramos.
At the outset, it was widely believed that the law was created solely for the benefit of movie star Robin Padilla who had been arrested sometime mid-1990s with a cache of guns on the trunk of his car.
Nevertheless, RA 8294 is leaps and bounds better than the old laws that reeked of a government fearful of its citizenry.
Moreover, it is pretty straightforward.
Specific to firearms, it prohibits the unlawful manufacturing, dealing in, acquiring, disposing or possessing any firearm as well as the carrying of firearms outside a person’s residence without a valid permit.
But with a valid license, ownership is allowed. And with a separate permit, carrying a gun outside one’s home is perfectly legal.
RECENT STATUTES. There are other firearm laws that most people may not be familiar with.
Among them is Executive Order No. 164, which was signed in to law in Oct. 19, 1999 by President Estrada.
The law increases the number of firearms that a gun club member may own.
Section 2 of the order states: “Subject to applicable laws and such rules and regulations as the Philippine National Police may issue, every bona fide gun club member, provided he or she possess none of the disqualifications provided by law, may apply for the issuance of license to possess shooting units up to, but not to exceed, .45 cal. for side arms and 5.56 and 7.62 for semi-auto competition rifles, provided that no such bona fide gun club member shall possess at any one time more than 15 units sidearm and 6 units rifles and 5,000 rounds of ammunition therefore, and provided further that fully automatic models shall not be so licensed.
Another is Executive Order No. 194, signed into law in Feb. 24, 2000, again by President Estrada “Henceforth, all citizens of the Philippines may possess firearms of any time and/or caliber. Provided that such firearms are not classified as crew-served weapons, light anti-tank weapons, light machine guns, anti-tank and anti-personnel recoilless rifles, bazookas, etc. Provided further that such firearms are test-fired for ballistics, stenciled and properly licensed,” Sec. 2 of the statute reads.
