User:Jloserdy/sandbox

= Gun Politics in the Philippines =

Pre-Colonial Period
Due to economic and political connections with other countries such India and China via trade, the Philippines learned how to create their own guns, even before the Spanish era. The trading centers of Tondo, Malai (which is now known as Mindoro), and Sulu were assumed to be the first areas to have possessed and produced the first firearms in the Philippines. Gunpowder was brought to the Philippines during the 14th century, by Chinese traders, giving the datus an opportunity to create new weapons against enemies. It was assumed that the common trading centers such as Tondo, Mindoro, and Sulu were the first to receive, use, and manufacture firearms.

Spanish Period
Guns were acquired from local gunsmiths and importers of guns, but these legal gun sources were heavily controlled by the government through the form of contracts in order to control the Filipinos. Despite this control, there were illegal sources of guns, which people against the Spanish smuggled for the use of rebels. There were also cases wherein local state officials have illegal transactions involving guns to these groups.

American Period
During the American Period, gun regulation was re-established by the 1917 Administrative Code of the Philippines. The Philippine Constabulary was deputized to regulate the use, possession, manufacturing, and trading of guns in the Philippines, and the Chief of the Philippine Constabulary was empowered to issue licenses to dealers and sellers of guns. Under the code, “firearms” or “arms” were defined as, “rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot, shell, or any other missile may be discharged by means of gunpowder or other explosive.” The code prohibits the use of unlicensed guns, but exemptions were given to military personnel, peace officers, prison guards, government officials, and those involved in hunting. Private individuals were also allowed to use firearms for self-defense and other lawful purposes. The involvement of any individual in an unlicensed trade or deal of firearms was declared prohibited.

Japanese Period
Where the Filipino guerrilla who were against the Japanese ruling continued to grow in number in both stopping Japan and finding methods to bring back the American army into the Philippines, they found support from General Douglas MacArthur, who assisted them in secret. MacArthur had Lieutenant Commander Charles "Chick" Parsons smuggle guns, radios and supplies to them by submarine. The guerrilla forces, in turn, built up their stashes of arms and explosives and made plans to assist MacArthur's invasion by sabotaging Japanese communications lines and attacking Japanese forces from the rear.

Martial Law Era
The rapid increase of private armies of prominent families and the escalating crime rate in the Metro Manila posed as security threats for the Marcos Administration. On September 21, 1972, President Ferdinand Marcos declared Martial Law through Proclamation 1081 as an attempt to suppress the anti-Marcos movement and subvert the Philippine democratic government. Under Proclamation 1081, only those who were authorized, usually uniformed personnel, including agents of the National Bureau of Investigation and Prison Guards, were given permission to carry firearms.

Present
A civilian is allowed to own only one short arm and one long arm. However, despite the limit, the PNP sometimes grants exemptions to some, such as famous personalities, to own more firearms than that which is allowed. Those caught having with them illegal firearms will have to pay a fine of 15,000 pesos, and will be incarcerated. Legally, a handgun costs around less than 10,000 pesos plus an additional 320-800 pesos for registration, depending on the caliber of the gun. There are Filipinos who turn to making homemade guns instead because of this.

Number of Licensed Gun Owners
An increase in the number of licensed firearms owners has been observed since the 1990’s. This number has been reported to have increased to approximately 1.7 million in 2014.

Number of Registered Firearms
The number of registered firearms have also been increasing. It can be observed from the distribution chart that the government owns less than half of the total number of registered firearms. More than half are owned by private individuals. Based on the 2011 distribution data, 72.69% of all registered firearms are in Luzon. 12.89% are in Visayas, while the remaining 14.42% are in Mindanao.

The Local Firearms Industry
The Philippine Firearms Industry, which handles the manufacturing, distribution, and transferring of firearms. There are currently 199 registered companies that are engaged in the Philippine Firearms Industry, and this industry is lead by the companies ARMSCOR and P.B. Dioniso & Co. Out of these 199 companies, the companies ARMSCOR, Scopro Optcial Co., Inc., Shooters Guns & Ammo Corporation, Twin Pines Corporation, and Floro International Corporation are those who are authorized to export firearms, guns components, and ammunition to foreign countries.

Local Gun Production Process
Gun production begins with the design and conceptualization, followed by the assembly of components, then the dealing of finished products, and then a ballistics check, and finally, the marking of guns. The guns are then transferred from the production line to the the gun distributors who then handle the selling and purchasing of guns to traders and retailers.

Number of Licensed Firearms Purchased from Gun Dealers
The Firearms and Explosives Division of the Philippine National Police (PNP-FED), the regulative agency of the government mandated to enforce firearms laws, recorded that a total of 752,752 legal firearms were purchased in the Philippines.

Loose Firearms vs. Illegal Firearms
Weapons bought from legal dealers, but are not registered, or whose licenses has been expired and has not yet been renewed are considered as loose firearms. The number of loose firearms may be estimated. Weapons that manufactured, traded, and sold illicitly are considered as illegal firearms. Illegal firearms cannot be definitely counted, it is estimated that the number is between between 160,750  and 610,000. Although there has been a steady increase in the number of licensed guns between the periods of 1999 to 2008, the number of loose firearms did not decrease.

Illegal Trafficking of Firearms
Firearms smuggling operations are organized by multinational crime syndicates who bring in unlicensed firearms made in America into the Philippines. Meanwhile, handguns made in the Philippines have also been illegally exported and smuggled into other Asian countries such as Japan, Taiwan, and other ASEAN countries.

Republic Act No. 10591
Republic Act No. 10591, an act providing for a comprehensive law on firearms and ammunition and providing penalties for violations thereof, was passed by the Senate and House of Representatives of the Philippines in July 2012.

Registration and Licensing
The standards and requisites for issuance of and obtaining of a license to and possess firearms are detailed in Article II, Section 4 of Republic Act No. 10591.

License to Own and Possess Firearms by an Individual
Three stipulations must first be satisfied in order to qualify for a license. Each person who satisfies these stipulations must then submit three notarized copies of the application form to the Firearms and Explosives Office of the Philippine National Police along with the following requisites:
 * 1) The person must be a Filipino citizen;
 * 2) The person must be at least 21 years old upon filing the application for the license; and
 * 3) The person must have gainful work, occupation, or business or has filed an Income Tax Return (ITR) for the preceding year as proof of income, profession, business or occupation.
 * 1) Clearances from the Regional Trial Court (RTC) and Municipal/Metropolitan Trial Court (MTC) that have “jurisdiction over the place where the applicant resides;” This is to ensure that individuals applying for licenses haven’t been or are not in the process of being convicted of crimes “involving moral turpitude.” In the absence of the RTC or MTC, clearance from the Sandiganbayan will suffice.
 * 2) Neuro-psychiatric clearance issued by a psychologist or psychiatrist accredited by the PNP Health Service;
 * 3) Certification detailing that the applicant has passed the required drug test conducted by the PNP Crime Laboratory or an an accredited and authorized drug testing laboratory if the former is unavailable;
 * 4) Certification detailing that the applicant has passed the required gun safety and responsible gun ownership seminar conducted by the PNP or any PNP registered and authorized gun clubs;
 * 5) Directorate of Intelligence (DI) or Regional Intelligence Division (RID) clearance;
 * 6) Proof of citizenship in the form of a National Statistics Office (NSO) Birth Certificate, passport, Department of Foreign Affairs (DFA) Certificate of Filipino Citizenship, Oath of Allegiance / Certificate of Registration from BID for Dual Citizens or birth Certificate from the Local Civil Registry;
 * 7) At least two valid IDs with one being a valid government-issued ID;
 * 8) Proof of latest billing or a certification of residency from local barangay chairman
 * 9) Proof of income, the form of which varies as per the individual’s occupation.

License to Own and Possess Firearms by a Juridical Entity
Juridical entities such as corporations, organizations, and businesses registered with the Securities and Exchange Commission, single proprietorships and partnerships registered with the Department of Trade and Industry, and cooperatives registered with the Cooperative Development Authority and Local Government Units may apply for a license to own and possess firearms. In order to qualify for a license to own and possess firearms, these juridical entities must satisfy the following requirements:
 * 1) Filipino-owned;
 * 2) A current, operational, and continuing concern;
 * 3) Has submitted all reportorial requirement to the SEC, DTI, and/or CDA;
 * 4) Has paid all income taxes for the previous year as stated by the Bureau of Internal Revenue (BIR);
 * 5) Has a valid License to Operate issued by the Director of the Civil Security Group (CSG) through the Supervisory Office for Security and Investigation Agencies (SOSIA) of the PNP.

License to Carry
The permit to carry firearms outside of residence or place of business will be issued by the Chief of the PNP or his duly authorized representative to professionals who are considered to be in imminent danger due to the nature of their profession, occupation, or business. Article II, Section 7 of RA No. 10591 considers the following professionals to be in imminent danger due to the nature of the profession, occupation, or business: Applicants must submit a threat assessment certificate from the PNP when applying for a permit to carry in order to prove that their life is under actual threat.
 * 1) Members of the Philippine Bar;
 * 2) Certified Public Accountants;
 * 3) Accredited Media Practitioners;
 * 4) Cashiers, Bank Tellers;
 * 5) Priests, Ministers, Rabbi, Imams;
 * 6) Physicians and Nurses;
 * 7) Engineers; and
 * 8) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of being targets of criminal elements.

Types of Licenses
The PNP issues five types of licenses, that of which vary in terms of the maximum number of firearms the citizen may possess at any given time.

Registration and Licensing
The standards and requisites for issuance of and obtaining of a license to manufacture and deal firearms are detailed in Article II, Section 13-16 of Republic Act No. 10591. Entities interested in manufacturing or dealing firearms, parts of firearms or ammunition, instruments intended to be used in the manufacturing of firearms, must make an application to the following:
 * 1) The Secretary of the Department of the Interior and Local Government (DILG) in case of an application for a license to manufacture; and
 * 2) The Chief of the PNP in the case of a license to deal in firearms and firearms parts, ammunition, and gun repair.

License to Manufacture Firearms and Ammunition
Applicants interested in acquiring a license to manufacture firearms and ammunition must accomplish the following requirements: The scope of the license to manufacture firearms and ammunition will include the following:
 * 1) State the amount of capitalization for manufacture or cost of the purchase and sale of said articles intended to be transacted by such applicant;
 * 2) The types of firms, ammunitions, or implements which the applicant intends to manufacture or purchase and sell under the license applied for;
 * 3) Additional information that may be requested by the Secretary of the DILG or the Chief of the PNP.
 * 1) The authority to manufacture and assemble firearms, ammunition, spare parts and accessories, ammunition components, and reloading of ammunitions, within sites, areas, and factories stated therein. The Secretary of the DILG shall approve such license;
 * 2) The license to deal in or sell all the items covered by the License to Manufacture, such as parts, firearms or ammunition and components;
 * 3) The authority to subcontract the manufacturing of parts and accessories necessary for the firearms which the manufacturer is licensed to manufacture: Provided, That the subcontractor of major parts or major components is also licensed to manufacture firearms and ammunition;
 * 4) The authority to import machinery, equipment, and firearm parts and ammunition components for the manufacture thereof. Firearm parts and ammunition components to be imported shall, however, be limited to those authorized to be manufactured as reflected in the approved License to Manufacture. The Import Permit shall be under the administration of the PNP;
 * 5) The authority to import various reference firearms needed to test the ammunition manufactured under the license to manufacture; and
 * 6) The authority to import various firearms for reference, test, and evaluation for manufacture of similar, types of firearms covered by the license to manufacture.

License to to Deal Firearms and Ammunition
Applicants interested in acquiring a license to deal firearms and ammunition must accomplish the following requirements: The scope of the license to deal firearms and ammunition authorizes the purchase, sale, and general business of the following:
 * 1) State the amount of capitalization for the general business;
 * 2) The types of firms, ammunitions, or implements which the applicant intends to purchase and sell under the license applied for;
 * 3) Additional information that may be requested by the Secretary of the DILG or the Chief of the PNP.
 * 1) Firearms and ammunitions;
 * 2) Major and minor parts of firearms;
 * 3) Accessories, spare parts, components; and
 * 4) Reloading machines.

License for Gunsmiths
The license for Gunsmiths shall be issued by the Chief of the PNP. Applicants interested in acquiring a license for Gunsmiths must accomplish the following requirements: The scope of the license for Gunsmiths will include the following:
 * 1) State the amount of capitalization for the general business;
 * 2) The types of firms, ammunitions, or implements which the applicant intends to handle under the license applied for;
 * 3) Additional information that may be requested by the Secretary of the DILG or the Chief of the PNP.
 * 1) The authority to repair registered firearms;
 * 2) The authority to customoize firearms from finished or manufactured parts thereof on per order basis and not in commercial quantities and making the minor parts for the purpose of repairing the registered firearm.

Renewal of Licenses and Registration
Renewal of all types of licenses to possess a firearm shall be done every two (2) years, and the renewal of registration of the firearms shall be done every four (4) years. Failure to do the following on or before the date of its expiration shall cause the revocation of the license and of the registration of the firearm/s under said licensee, and the confiscation of the said firearm/s.

Resolution No. 10015
Resolution No. 10015 was promulgated by the Commission on Elections (COMELEC) last November 2015 in order to prohibit the bearing, carrying, and transport firearms outside one's residence or place of business for the period of January 10, 2016 to June 8, 2016.

Implementation of Total Gun Ban
This ban states that any permit to carry firearms outside residence (PTCFOR), Letter Order (LO), or Mission Order (MO) are suspended. No one is allowed to carry firearms in public spaces including buildings, parks, streets, and private vehicles or public conveyances.

Presidential Decree No. 1866
Presidential Decree No. 1866 was decreed by Pres. Ferdinand Marcos on June 29, 1983 and it codifies the laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives, or the instruments used in the manufacture of those previously mentioned. It has since undergone four amendments in 1983, 1988, 1997, and 2008. The two most recent amendments are Republic Act No. 8294, which revise the P.D. primarily regarding firearms and Republic Act No. 9516, which revise primarily the sections of the P.D. regarding explosives and incendiary devices.

Republic Act No. 8294
R.A. No. 8294 amends several sections of P.D. No. 1866 such as the penalties for unlawful manufacture, sale, acquisition, disposition of firearms, ammunition and instruments to be used in the manufacture of firearms and ammunition in Section 1 which is the penalty of prision correccional (6 months and 1 day to 6 years) in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) for low-powered firearms. A penalty of arresto mayor (1 month and 1 day to 6 months) shall also be imposed on those found with licensed firearms outside of their residence without legal authority. The tampering (unlawfully tamper, change, deface or erasure) of a firearm's serial number would also result in the penalty of prision correccional (6 months and 1 day to 6 years).