Monday, January 21, 2008 Rama: Gun safety and new SC ruling By Karlon N. Rama Stage Five
AN invitation by the Rotary Club of Cebu-Uptown brought me to the Marriott Hotel Wednesday night for a short talk about firearm safety.
The brief lecture was in line with the organization’s regular meeting and was called for by Ret. Col. Ceferino Layao, the immediate past president of Kamagong Gun Club Inc., who is himself a certified gun safety instructor.
Gun safety remains a very relevant subject, as the number of legitimate gun owners in Cebu continues to increase.
It is, therefore, commendable that a group like the Rotary Club of Cebu-Uptown can set aside the time to hold discussions about the topic. I hope others would do so as well.
A lot of germane questions were raised during the talk, including what constitutes justifiable shootings, what the legal implications of carrying a licensed firearm out of the house without the necessary permit are.
Court procedure. Adding input to the discussion was Regional Trial Court (RTC) Judge Sylvia Paderanga who updated the group on the new procedure in cases involving firearm related homicides.
While previous Supreme Court (SC) rulings have adopted that provision of Republic Act 8294 declaring that the use of an unlicensed firearm is merely an aggravating circumstance of the crime where the gun was used and does not constitute a separate charge, things have changed.
Now, Judge Paderanga explained, government prosecutors are now required to file separate charges before the trial court: one for the main crime if it is shown that a crime was indeed committed and the person charged is the one probably responsible for the commission, and an illegal possession of firearm case if it is shown that the gun used isn’t licensed.
Only when the respondent is convicted of the main crime should the charge of illegal possession be dismissed and even if the respondent is cleared of the main crime, he or she can still be convicted of the illegal firearms charge.
The respondent, though, can ask the court to hold in abeyance the proceedings for the illegal firearms charge until final and executory conviction on the main case is handed down.
learning. Responsible gun ownership does not end with the decision to get a licensed firearm instead of a non-registered one. That is only the beginning.
It is a process; a life-long goal that we must constantly try to reach. It involves not only learning the rudiments of operating a gun in a manner that eliminates the risk of injuring one’s self or others, it is also about understanding the legal implications of ownership and use.
More importantly, it includes sharing the message.
For self-defense, none can beat a firearm in the hands of a proficient owner.
In sports, few things can compare to the intense thrill of a firearm discharging full-power loads to static or moving targets at velocities of up to 1,200 feet per second as the shooter runs and guns to beat the clock.
As an implement, it is safe provided you know how.
Gear. Representatives from Armscor and Twin Pines Inc. were present during the affair. After the lecture, they gave a product demonstration of some of their units.
Armscor brought some handguns from Fratelli Tanfoglio, whose chief product endorser happens to be Eric Grauffel, the three-time and reigning ISPC World Shoot champion.
They also brought a Spartan and a Medallion, both exquisite locally assembled nineteen-elevens.
Twin Pines, on the other hand, brought an assortment of compact and lightweight Smith & Wesson pistols and revolvers – excellent for daily carry.
One of the guns was the five-shot AirLite Ti, a .38 special J-frame snub-nosed revolver that weighs only 11.4 ounces. The “Ti”, of course, stands for Titanium, one of the hardest metals known to man.
Taking into account the weight versus the recoil of a “+p” .38 special load, the gun is going to buck like a horse when fired and, therefore, will take a little bit of getting used to.
But, as a carry-gun, nothing beats an always-ready revolver that you can bring with you because it is so unobtrusive you’d forget it’s even there.