SC urged: Compel PNP to issue gun licenses

MANILA, Philippines - An organization of firearm dealers has asked the Supreme Court (SC) to compel the Philippine National Police (PNP) to accept, process and approve applications for gun licenses.

In an 11-page petition, the Guns and Ammo Dealers Association of the Philippines (GADAP) sought relief from the high court after the PNP’s Firearms and Explosives Office and Civil Security Group stopped issuing firearms licenses last January.

The PNP has issued gun licenses only to selected and privileged individuals, GADAP said.

The group added that their request for a dialogue on the issue has been ignored by PNP chief Director General Allan Purisima.

 The group said the PNP’s refusal to issue new firearms licenses to qualified applicants is a violation of its duty under Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act.

“As the implementing agency tasked by RA 10591 to issue and approve firearms licenses, the PNP has unlawfully neglected to perform an act, which the law specifically enjoins as a duty resulting from its office,” the petition said.

“While the petitioner may understand if a few firearms applications are denied due to lack of qualifications of the applicants, the total refusal to act upon and/or approve all of the firearms applications is a failure to perform an act for which PNP is tasked with by law, for which respondent may be compelled through mandamus,” it added.

The group lamented that the PNP move has caused the sales of licensed firearms to drop.

“As a consequence of such licensing stoppage and refusal to approve any license applications of petitioner’s member-customers, the firearms business and the industry as a whole have suffered tremendous losses,” GADAP said.

The group said its members have laid off hundreds of employees due to financial losses over the last five months.

It also asked the SC to implement its temporary restraining order (TRO) that stopped the PNP from implementing its policy of centralizing firearms licensing at Camp Crame in Quezon City.

The group said the new policy is clear violation of Article III, Section 1 of the Constitution, which provides that “no person shall be deprived of life, liberty or property, without due process of law.”

It said the PNP refused to comply with the TRO granted earlier by the high court to the petitions filed by Peaceful Responsible Owners of Guns and Gun Owners in Action.

The TRO, it said, mandated the PNP to continue accepting, processing and approving new licenses and renewals in all its regional offices.

It said that the TRO banned the PNP from utilizing any courier service in the deliveries of approved firearms licenses.

GADAP said the PNP misinterpreted the TRO by claiming that only renewals of licenses are allowed in the PNP’s regional offices but not the processing and approval of new applications. 

“If this policy of no approval of licenses or centralized firearms licensing at Camp Crame... is sustained, petitioner would suffer grave injury in that it would wipe out the entire firearms industry, manufacturing and business, resulting in total closure of all authorized firearms dealers,” it said.