Lawmakers seek regulation of gun replicas

MANILA, Philippines - Two Mindanao-based legislators have filed a bill in Congress, seeking to regulate the importation, manufacture, sale, use and transport of airsoft rifles and pistols for public security and safety.

Cagayan de Oro City Rep. Rufus Rodriguez, principal of House Bill 3805 or the "Airsoft Imitation Firearm Law," said Letter of Instruction 1264 signed by former President Ferdinand Marcos in 1982 bans the import, sale and public display of gun replicas.

However, he said purchase of airsoft guns and the movements of airsoft players are largely untouched by the government, with only a few confiscated shipments marring that record.

"No direct regulations have been placed on the airsoft community and players of all ages and background are welcomed to play," Rodriguez said.

He said his proposal provides that it is the declared State policy to protect the public from harm due to the unregulated manufacture, sale, use and transport of any toy look-alike or imitation firearm.

Last March, Philippine National Police chief, Director General Alan Purisima said under Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulations Act, toy guns and replica firearms are subject for confiscation by authorities.

His warning came amid complaints that toy guns and replica firearms are sometimes being used by criminals, especially armed robbers, on their victims.

Purisima warned criminals and other persons who will use imitation firearms in committing crimes that they may be imprisoned for violation of RA 10591.

The PNP-Firearms and Explosives Office meanwhile stressed that even a homemade revolver called the "paltik" can be considered an imitation firearm along with toy guns and airsoft guns, hence they are covered by the rules on intellectual property rights.

Rodriguez said organized airsoft started in the country in 1985, and interest in the hobby had gone up and down several times over the past 20 years.

"The airsoft gaming community initially conducted their games in secrecy, but in recent years has reached the mainstream due to the tremendous surge of newbies, owing to the advent of cheap China-made airsoft guns," said Rodriguez.

House Bill 3805, co-authored by Abante Mindanao partylist Rep. Maximo Rodriguez, provides that an airsoft rifle or pistol includes battery operated, spring and gas type powered rifle or pistol which discharge plastic pellets only as bullets or ammunition.

It differs from replica as the latter does not fire plastic pellet with very low projectile velocity.

The bill also provides that an airsoft rifle or pistol, a special type of air gun, shall be used in sporting activities such as war games stimulation only.

All airsoft rifles or pistols shall not exceed 550 feet per second velocity using .20-gram pellets. An airsoft rifle or pistol exceeding the said limit shall not be eligible for registration.

It also provides that all natural and juridical persons who intend to manufacture, import or sell airsoft rifles or pistols shall apply for permit from the Department of Trade and Industry and shall be registered with the PNP.

There shall be a distinctive marking for airsoft rifle or pistol as an integral part, a permanently affixed blaze orange or red pulp in its barrel. Such mark shall be at the tip of the muzzle not less than 6.35 centimeters in length.

Upon the one-time registration with the PNP for those airsoft rifles or pistols with no serial numbers, a barcode sticker bearing a permanently assigned unique serial number shall be affixed on a conspicuous part of the airsoft rifles or pistols.

The barcode sticker shall remain valid for the lifetime of the gun. Those airsoft rifles or pistols with existing serial numbers shall be registered using their individually affixed serial numbers. Airsoft riles or pistols shall be painted with bright red or orange color on their tip, the bill provides.

Any person registering an airsoft rifle or pistol must not be below 18 years old and must be a bonafide member of a duly accredited airsoft club. Airsoft teams or clubs shall seek accreditation with the PNP.

Each airsoft club shall have a minimum of 10 registered owners of airsoft rifle or pistol, who shall be local residents, and shall abide by the Code of Conduct, Safety and Rules of Engagement for Games which shall be formulated by a National Airsoft Association for airsoft players and shall be applicable and binding upon all, during games.

Prior to the use of a particular area as airsoft game site, the operator or duly authorized person in charge of the proposed airsoft game site shall inform in writing the Chief of Police who has jurisdiction over the said area for the conduct of any game, simulation, shooting competition or exhibition of airsoft rifles or pistols. When located in populated areas the game site must be enclosed and secure from public view. Furthermore, no person below 18 years old shall be allowed inside the game site.

The bill also requires authorized dealers of airsoft rifles or pistols to secure the necessary permits prior to the conduct of a show or exhibition.

The DTI in coordination with the PNP and other concerned government agencies shall promulgate the necessary implementing rules and regulations within 90 days after the enactment of the proposed Act.

Any person or entity found to have violated provisions of the proposed Act shall be liable to a fine of not less than P100,000 or an imprisonment of not less than six months, or both at the discretion of the court, the bill provides.