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Gun Ownership Laws

Discussion in 'Band of Glockers' started by Kiddo, Aug 1, 2004.

  1. Kiddo

    Kiddo

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    Hi BoGs! Can anyone clarrify the laws on civilian ownership of firearms now? Is 21 still the legal age to own and carry guns? Which calibers are allowed, pistols, revolvers, shotguns, rifles, etc? Pwede na ba maka own ng automatic rifles/grenade launchers/etc ang civilians? Gun posession laws are sooo unclear now. :( May mga tao na angdaming pitols, may mga shotgun, m16 w/ m203 pa! ;P Noon kasi ang allowed is one pistol/revolver and one shotgun/rifle lang and the heaviest caliber for the rifle is supposed to be .22LR diba? Rather than having gun bans (para namang sumusunod sa gunbans ang mga criminal elements, e tayong mga good civilians lang naman rin ang sumusunod!) they should just limit the amount of firearms one needs to defend himself and his lovedones (note na to defend oneself and his lovedones, hindi to defend the country or to start your own army or war) and have proper screening and education for the responsible gun owners! Ang dapat kunan ng mga baril ay yung kagaya ng anak ni former senator Jaworski. :soap: Forgive me for the rant. Kakainis kasi eh. ;g ;Q
     
  2. julianz

    julianz toxic master

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    Attyjpl,

    We need your views on this enlighten us please
     

  3. Valor1

    Valor1 Range Bum

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    So much is the life in our country today. If you see the requirements in the FED, iyon lang ay enough na. Pero may isa pang law na kaya lahat sa Pilipinas. The Law Of Economics ( a better term for explaining tjhe graft and corruption). If you have the money, and lots of it, there won't be any problem.;g
     
  4. julianz

    julianz toxic master

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    Sad but true ;T
     
  5. casmot

    casmot Re membered

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    I have this on file but I can't remember know who posted it.

    As far as I know this Executive Order has not been changed. Hope it helps

    --------------------------------------------------------------------

    Executive Order No. 194

    Amending General Order No. 7, dated September 23, 1972; General Order No. 7-A, dated September 30, 1972; General Order No. 7-B, dated January 13, 1973 and General Order No. 7-C dated February 21, 1973.

    WHEREAS, General Order No. 7 provides that only officers and men of the Armed Forces of the Philippines and police officers in the actual performance of their official mission or duty shall be allowed to carry firearms outside of their residence;

    WHEREAS, General Order No.7-A provides that agents of the National Bureau of Investigation shall be allowed to carry firearms outside of their residence while in actual performance of their mission or duty to include guards of the Bureau of Prisons and of Provincial and City Jails provided they carry their firearms only within the premises of the prison or jail and/or while escorting prisoners;

    WHEREAS, General Order No. 7-B provides that officers and enlisted personnel in the active service of the Armed Forces of the Philippines may hold under license a maximum of only one (1) low-powered rifle and one (1) sidearm of any type or caliber; limits the number of firearms to be possessed by each individual and regulates the operation of gun clubs;

    WHEREAS, General Order No. 7-C provides that the commissioned officers in good standing of the Reserve Force, Armed Forces of the Philippines may hold under license only one (1) low-powered rifle and one (1) sidearm not higher than caliber .45 pistol;

    WHEREAS, the rising threat to peace and order posed by criminal insurgency, subversion, and the secessionist involvement requires the dedicated efforts not only of law enforcement but private citizens as well;

    WHEREAS, the present thrust of the PNP is to combat all kinds of criminality, while current government programs need the support and participation of the citizenry to effectively prevent and suppress criminality and to maintain public order and safety in the land;

    WHEREAS, Section 887 of the Revised Administrative Code, which has not been repealed, provides that any person desiring to possess one or more firearms for personal protection or for use in hunting or other lawful purposes only, and ammunitions thereof, shall apply for license(s) to possess such firearm or firearms and/or ammunition as hereinafter provided.

    NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order.

    Section 1. General Order Nos. 7, 7-A, 7-B, and 7-C which authorize certain individuals to possess and carry firearms, limit the number of firearms to be possessed and regulate the operation of gun clubs are hereby repealed.

    Section 2. Henceforth, all citizens of the Philippines may possess firearms of any type and/or caliber; Provided, that such firearms are not classified as crew-served weapons (CSWs), light anti-tank weapons (LAWs), light machine guns (LMGs), anti-tank and anti-personnel recoilless rifles, bazookas, etc; Provided further, that such firearms are test-fired for ballistics, stenciled and properly licensed.

    Section 3. Only uniformed personnel of the PNP, officers and enlisted personnel of the AFP and agents of the NBI are authorized to carry their licensed firearms outside their residence while in the actual performance of their official mission or duty. All other firearm holders have to apply for a Permit to Carry Firearms Outside of Residence (PTCFORs) in order to avail of this privilege.

    Section 4. The Philippine National Police shall issue necessary rules and regulations to implement this order.

    Section 5. All orders, issuances, rules and regulations or parts thereof inconsistent with this Executive Order are hereby repealed or modified accordingly.

    Done in the City of Manila this 24th day of February, in the year of our Lord, Two Thousand.

    (Sgd)
    By the President

    Joseph Ejercito Estrada



    (Sgd)
    Ronaldo B. Zamora
    Executive Secretary
     
  6. horge

    horge -=-=-=-=- Lifetime Member

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  7. Kiddo

    Kiddo

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    What firearms are classified as crew-served weapons (CSWs), light anti-tank weapons (LAWs), light machine guns (LMGs), anti-tank and anti-personnel recoilless rifles, bazookas and etc? Also, what is the legal age where one can own a firearm? And finally, is the gunban (the one which president Arroyo initiated during the 12th PnP anniversary) over, or is it still in effect? Pwede na ba makakuha ng PTCFOR ngayon? Sorry for the questions, ang gulo kasi ng gobyerno natin eh. ;g ;Q
     
  8. 9MX

    9MX Rei!

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    By GMA's order, no! With PhP11,000.00...yes;f

    But why carry? Save your money, buy a pair of Nikes...may shoes ka pa:cool: ;f
     
  9. julianz

    julianz toxic master

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    some people carry without proper papers, kung magkagipitan nga naman pwedeng iputok at itapon.
     
  10. attyjpl

    attyjpl Dark Justice

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    based on my limited knowledge of philippine gun laws, we don't have a clear law or laws on GUN OWNERSHIP; what we have are those concerning POSSESSION.

    there is a new law regarding illegal possession of firearms, REPUBLIC ACT NO. 8294, which took effect on june 1997. this new law amended the old law, presidential decree no. 1866. if you want a copy of this new law, just click the following link:

    http://www.chanrobles.com/republicactno8294.htm

    i respectfully beg to disagree with 9mx but the legal age for all sexes is 18, not 21. article 234 of the family code of the philippines states that the legal age is 21 but it was already amended by republic act no. 6809 which reduced it to 18 years old. there is no distinction between males and females.

    when a person reaches the age of 18, he/she attains legal age which means he/she is responsible for all acts of civil life and is no longer under parental control and authority. a person who is of legal age is bestowed with legal capacity, meaning, he/she can enter into contracts, sign documents, etc. this legal capacity includes the right to own and possess a firearm.

    notice, however, the age requirement found in the firearms application form made by the PNP, which is 21 y/o. IMO, this has no legal leg to stand on inasmuch as the basic law on property ownership (civil code of the phils.) mandates that the legal age is 18 and not 21. but until someone questions the PNP about this, it will remain as it is.

    as i have said, we have NO basic law on gun ownership. again, IMO, anyone who is 21 yrs. of age can own as many small firearms (pistols and revolvers) as he can. calibers included are .22, .25, .32, .38, .380, .40, 9mm, .45 etc. and the new ones such as the 10mm, corbon, etc. although if you try to register a firearm with the latter calibers you will most likely be disapproved. there is yet no clear law on these new calibers so if you have the guts to question the PNP in court, by all means do so.

    there are so many ignoramuses in the PNP kaya kung minsan mahirap makipagtalo sa mga taong ignorante sa batas. para walang cheche-bureche, mag-agree ka na lang para mapadali at ma-approve ang mga gun papers mo. :(

    with respect to rifles, i think we are only limited to .22 caliber. higher caliber rifles like M-16, M-14 are for military and police use only (and those who have powerful connections -- which explains why many civilians have armalites and high-powered rifles). we can also own shotguns. :cool:

    lastly, the bazookas, grenade launchers, SMGs, LAWs, etc. are obviously not meant for civilians (but somehow ends up in many irresponsible civilian hands).

    this is one of the reasons why i was suggesting that we should incorporate BOGs to give us legal personality. if we have legal personality, we can go to court and set precedents on gun ownership and possession. :)
     
  11. jundeleon

    jundeleon

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    Under the law, civilians can own one handgun (up to 38 and 9mm) and one long arm (22lr and 12gauge).
    If he or she is a member of a gun club, he can own more than one handgun and one long arm of higher caliber. There is no legal limit to the number of guns you can possess. This is why gun stores normally ask buyers "pang ilan baril mo na to?" when they are giving you a quote on processing fees. (They add 1,500 pesos to cover gun club certificate, if you dont have one).
    High powered arms can be owned by civilians through the PNP's amnesty program, which runs every six months, I think.
    The laws on gun ownership and the implementing rules and regulations are all stated clearly in black and white in various legal statutes and administrative directives by the PNP.
    But you have to remember we are in the Philippines where laws are not necessarily followed.
     
  12. cznayr

    cznayr Dis-member

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    I also have a question for attyjpl.

    I don't exactly remember the guidelines for PTT, but it said something about two separate compartments for the gun and the magazine/ammo then enclosed in the parenthesis is '(glove compartment and trunk)'.

    What if i'm using my auv, walang trunk dun? and my car has two compartments, pwede na ba yun?
     
  13. batangueno

    batangueno Shock Resist

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    Is PROGUN already doing this? Come to think of it, are they doing anything?
     
  14. 9MX

    9MX Rei!

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    So noted!;f wasn't really sure if it was 18 or 21, when i was kid, remember the grown ups at that time were debating that women are of age by 18 and men by 21.

    as for legalizing bogs, 1M would be needed as per new SEC rules. because the old rules were bastardized by orgs such as multitel, everflow, etc.;g

    foundation puede pa siguro

    progun? i'd rather be with ppsa, but that's me;e
     
  15. julianz

    julianz toxic master

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    yes...selling car stickers ;f ;f ;f ;f
     
  16. jundeleon

    jundeleon

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    9mx

    We dont need 1 million pesos to formally organize under sec rules.

    We can register as a non-stock, non-profit organization. I think expenses would be around 30k. including sec fees, mayors permit, bir registration. The P1million you may be referring to is the capitalization requirements, although i dont know if this applies to non-stock non-profit groups. Even for ordinary businesses, if you need to show P1m capitalization, all you need is a bank certificate for P62,500 deposit as paid up capital (representing minimum 25% of 25% outstanding stock) The bank certificate can be arraned for about 2,000 pesos.

    If this takes off, BOG can use my office in qc as HQ/office.

    Local gun groups are not as politically active as their foreign counterparts like the NRA.

    Maybe we should do something about this.
     
  17. attyjpl

    attyjpl Dark Justice

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    you are referring to condition #3 of the PTT which reads as follows:

    "while enroute to the range and vice versa, all firearms must be unloaded.the ammunition and firearm must be secured in two separate cases/boxes and further kept in two separate places (the trunk compartment and glove compartment)."

    literal interpretation is sometimes the bane in law. "the law should be understood by the spirit that liveth and not by the letter that killeth". we dont need to read condition #3 literally especially when the reason for doing so is plainly obvious.

    in your case, since you own an AUV, just put the ammo and firearm in two distant places inside your vehicle. the rationale behind condition #3 is to avert immediate use of deadly force in a confrontational situation. by placing your ammo and gun in two distant places inside your vehicle, you will not succumb to the temptation of pulling out your gun in the heat of anger. :)
     
  18. 9MX

    9MX Rei!

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    hmmm...i'd check my facts again. i posted such because according to my HS batchmate doing the legwork, the capitalization reqmt is the show stopper in our batch's incorporation:)
     
  19. jecht_sphere

    jecht_sphere

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