Monday, August 16, 2010

On Anomalies in Permit to Carry Firearm

This is a log of my debate in PNoy Facebook Page about gun control. I was proposing that private persons, who are not in the business that requires carrying of guns, should not be given permits to carry firearm outside residence. Our streets is a public place and it is safer without private guns concealed in motor vehicles.

Below is the Executive Order 194 0f 2004 that provide ruling on gun control. That's right, EO 194. I have no problem with possession of firearm for household protection use, but the number of household firearms still have to be regulated -- one gun is sufficient. But we need not discuss integrity, as I assume you already know, that PTCFOR adjudication of requirements is corrupted. If the PTCFORs corruption is impossible to break, then PTCFORs should not be issued to any private person at all. PTCFOR is a dangerous thing to play around, especially if the PNP don't have sufficient checkpoint machinery.

As a licensed firearm owner, I attend gun shows and visit gun-stores to check out new stuffs. It is frustrating to know that gun-shops can facilitate a permit to carry firearm without you having to pass through the required actual psychological exam -- you just have to pay the fee of P12,000. The streets is not safe because you don't know who among those who carry firearm in their cars are psychologically fit.

I am just an ordinary motorist. I am less afraid to encounter lawless criminals with loose guns because they are few and they have specific targets like banks, pawnshops. I am most afraid of licensed and qualified private gun owners who carry guns with permits in the streets because I don't know who among them is arrogant, I don't know who among them did not pass through actual psychological test.

So you carry a gun because you are afraid of organized crimes who will kidnap or rob you, huh. Well, if organized criminals would want to victimize you, even if you have a gun, even if you have an armored vehicle, even if you have security guards, you will be targeted according to their plan.

So you carry a gun because you are afraid to be robbed at the point of a knife, huh. Well, the people who are mostly robbed with a knife on the neck are not the rich people who have cars, but those ordinary people who commute and walk under unlighted alleys. Are you proposing that permit to carry firearms should be given to people without cars? Would you want to have a society where private citizens carry concealed guns in their belts and hand-bags while outside their houses?

You might argue that "Responsible" owners who REALLY carry guns do not need to display stickers and plates, in fact they are more discreet and maintain a low profile. But still, I am afraid, because I don't know who among those seemingly "responsible" private gun permit carriers passed though actual psychological tests. Who is the seemingly "responsible" gun owner who would pass through that actual 4-hours psychiatric test if they can just pay the application examiner or gun store na "gumawa ng paraan" to skip the test. Let's just be honest so we can come up with good policies. Walang plastikan.

Of course you can have gun at home to defend yourself inside that household where police authorities have no jurisdiction. But outside the doors of your homes, more specially in the streets, the duty to defend EVERYONE belongs to the law enforcement in uniform and on duty. Only law enforcement personnel on duty hours and in uniform should be allowed to carry firearm outside residence, specially public places like streets.

I have a gun in my house to defend my family. But outside my house, I demand that government should be 100% effective in defending me and my family. And my advocacy, undefeated in any debate worldwide, proposes that society is safer with (1) tighter gun carry policy and (2) effective firearm checkpoints.

I recognize those who carry firearm because they don't trust that PNP can protect them in the street in the right moment. Well, it may make them feel safe to carry a licensed firearm in their car, butt we, the ones who don't carry guns, don't feel safe with those guys who carry guns. I personally feel intimidated with those cars with stickers like pro gun, baby on board, and even gun-clubs.

I am happy though that people admit that their drive to carry private firearm is based on the fact that PNoy is incapable to lead the PNP to do its job. Awareness of the inefficiency is a good start to think about ways to improve the policies and its implementation.

The best civilized society is one with streets where no one carries a deadly weapon to protect oneself. This kind of society is what I want to create for the next generation.


xxxxx

[EXECUTIVE ORDER NO. 194]
February 24, 2000


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 17, 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 the actual performance of their official mission or duty to include guards of the Bureau of Prisons and of Provincial and City Jails provided that 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 operations 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 who are in inactive status 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 criminality, insurgency, subversion, and the secessionist movement requires the dedicated efforts not only of law enforcement agencies but privatize citizens as well;

WHEREAS, the present thrust of the PNP is to combat all kinds of criminality while current government programs need to 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 ammunition thereof, shall apply for a 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; 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 license 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 the 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.

Section 6. This Executive Order shall take effect immediately.

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

(Sgd.) JOSEPH EJERCITO ESTRADA
By the President:
(Sgd.) RONALDO B. ZAMORA
Executive Secretary


E-Library Doc. ID: 1218176884787924360