Responsible gun ownership (Part 2)

Last week, we started a primer on RA 10591, the new law covering responsible gun ownership set to be implemented next month, according to Police Major Ricardo Zapata who very cordially accommodated us in his office for a long interview last week. Major Zapata is the Chief of the Enforcement and Inspection Section of the Firearms and Explosives Office (FEO) of the Philippine National Police (PNP), so if some errant gun owners out there run afoul with their laws, they are likely to face the Police Major.

A short recap of the basics in the new law is in order: “paltiks” are illegal and cannot be licensed; your firearm license will depend on how many guns you possess; gone are the days of non-appearance when you apply for a license because biometrics has been incorporated in their system; your firearms’ expiration (your birthday) is automatic a day after validity with no grace period (one is allowed only 2 chances here and may face perpetual disqualification after the second chance); a Filipino citizen, at least 21 years old and gainfully employed may apply for a gun license; a license to possess firearms is valid for two years and must be renewed every two years while a gun’s first registration is good for four years, renewable every two years thereafter; and before one sells a firearm, the prospective buyer must first apply for a license and registration before the sale is deemed legal.

Under the law, everyone is allowed to own small arms (pistol, revolver, rifle or shotgun) with no full automatic function.  If, however, you already own a full auto firearm, the law allows the owner to keep this while he is alive. It cannot be transferred to anyone, not even his heirs when he passes on. To be able to transfer it, one has to downgrade it to a semi-automatic function but with permission from the Firearms and Explosives Office for the downgrade. So you see, all is not lost for you guys who have purchased firearms with full auto function in the past.  This also serves to regulate this type of firearm which can be dangerous in the hands of irresponsible or criminal parties.

Oplan Katok is the PNP’s house-to-house campaign for our citizens to register their firearms. Officers from the FEO visit the gun owners’ houses to remind them that their registration/license will soon expire, and one is advised not to take this lightly. With the new law, the automatic revocation of your license/registration could affect the other guns in your possession and you will end up not being able to use them or own any.

Many quarters though have expressed concern about Oplan Katok, including this writer. Too many times in the past, rogue law enforcers have forced themselves into homes without even a search warrant.  I voiced this out to the very knowledgeable Major who said that a citizen is not required to open his doors to the designated officers of the Oplan Katok program where they do annual visitations.  They are there merely to remind you about your license/registration and to check if the licensee still resides in the same address and not to violate any citizen’s right. Prior to the visitation, a letter will be sent to your address reminding you of the expiration of your firearm’s registration or your license. This serves as your advance notice of the impending visit from the FEO representatives. The Police Major stressed that when Oplan Katok operatives come knocking on your door, you are not even required to show them your firearm. You can just politely acknowledge the reminder and prove that you as licensee still reside in the same address.

Though this is suspended for now because of the barangay elections, many of our citizens have availed of the Permit to Carry Firearms Out of Residence duly issued by the PNP. No, the FEO is not the right agency to go to for this permit, it is the PTC 4 which is directly under the Office of the Chief of the PNP under Chief Superintendent Zapata (not related to the Major). I suspect that this office will be more discriminating when issuing PTCs, which is just as well. Sports shooters may easily apply for Permit to Transport from home to the gun range. For others though whose profession or line of work carries a certain degree of risk like members of the Philippine Bar, cashiers and bank tellers, judges and fiscals, media practitioners accredited by a recognized media outfit, and certain businessmen may apply for PTC with this office which will make the necessary threat assessment to validate your application for the special permit.

Under this new law, gun owners who fall under types 3 to 5, meaning you own anywhere from six to over 15 guns, are required to keep a secured vault in their residences where they can keep their firearms. Many gun owners opt to keep their other firearms in their safety deposit box in the bank, retaining only one firearm as a protection for their home. This is actually not allowed because the firearms are registered to a specific address, your house to be exact. The exact specs of the vault are not yet available at the FEO as of this writing. Major Zapata though recommends that even if you fall under types one and two, it is advisable to keep your guns under lock and key, secure from other members of your household who may not know how to handle them. If you have been following recent foreign news items about high school students bringing their parents’ firearms to their school and indiscriminately firing on hapless classmates and teachers, you will appreciate the spirit behind this law. The parents themselves face charges for negligence resulting in homicide. It is a father’s nightmare indeed, one that we hope will not happen in our neighborhood or in our circle.

And lastly, there is going to be another gun amnesty, a final one I venture to guess, under RA 10591 within six months of the law’s promulgation. The thrust of the FEO is to once and for all license all loose firearms in the country, and anyone may apply for this amnesty as long as you are already a licensed firearm holder. So get your unrenewed licenses out and apply for this amnesty, and henceforth stay within the folds of the law. You can sleep much better that way.

By Oct. 31, at the latest, the IRR (Implementing Rules and Regulations) of RA 10591 will be out. It would be good to have a copy of this for your ready reference, if you are a responsible gun owner.

This concludes our two-part series on RA 10591. Our thanks to Police Major Ricardo Zapata of the FEO for patiently explaining the nuances of the new law to us. Don’t fail to watch parts 1 to 3 of our interview with the Chief of the Inspection and Enforcement Section of the Firearms and Explosives Office of the PNP on the TV show, Business & Leisure (Tuesday, 10pm, Shop TV, Channel 13 Sky Cable Network).

Mabuhay!!! Be proud to be a Filipino.

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