Sunday, October 17, 2010

JRP Position Paper on Gun Control

Stopping an individual person from committing a crime is beyond the control of government to act upon. However, strengthening the internal defense and law enforcement systems of the government is something we can act upon by funding. The masses behind the Aquino Administration will not stop finding ways to put in place some policy mechanisms that will make all kinds of survival-motivated lawlessness an irrational decision for every individual. (John Remollo Petalcorin, 2010)


xxxxx
DRAFT PROPOSAL. Subject to change without prior notice.
xxxxx

GUN TITLING

All guns should be registered and titled to the owner, regardless of where it came from (blackmarket, imported, backyard manufactured). Gun Ownership Title Registration should be zero-fee, one-time only, no renewal necessary, except in the event of Transfer of Ownership. For gun owners who will not pass the License to Possess, or with suspended license, they will have to deposit their firearm in the PNP Depository until they get qualified to a license in at least Category A.

LICENSING

Licensing is different from Gun Titling. Persons with a valid gun title may apply for LICENSE. Licensing will have various categories, which will look something like:

(Cat A) Specific Residential/Business Place Possession only,
(Cat B) Authority to Carry by High-Risk Private Employee such as Cashier
(Cat C) Authority to Transport by Professional Sportsman
(Cat D) Authority to Carry by Private Law-Enforcement in Uniform & Duty-time
(Cat E) Authority to Carry by Government Law-Enforcement in Uniform & Duty-time
(Cat F) Authority to Carry by a National Security Operative, no restriction
(Cat G) Authority to Professional Manufacturer and Repairman of Firearms

LICENSING REQUIREMENTS

Each Category will have different types of "requirements". Definitely, there should be COMPUTERIZED Examination that will cover topics on (A) Gun Possesion Safety, (B) Gun Carry Safety, (C) Checkpoint Cooperation Procedure, (D) Social Risks and Benefits of Guns. Using an approved training module, Gun Shops and Gun Clubs may conduct Seminars and operate Review Centers.

Category B shall have TIGHT RESTRICTION as to the time/route of the authority and UNIFORM ATTIRE. License is co-terminus with the job, and Employer posts a Good Performance Cash Bond.

PERIOD OF LICENSE

Category A License will have to be renewed annually, with same requirement. Categories that involves GUN-CARRY will have to be renewed every six months, same requirement.

COMPLAINT-BASED SUSPENSION OF LICENSE

A licensee who is being complained by third party (alcohol drunkeness misbehavior, accepting of bribe, domestic violence, and any form of threats) will be issued a subpoena duces tecum, and his/her license will be suspended. If subsequently found guilty of the offenses, the license will be revoked. If found innocent, the license may be reinstated.

CONTROLLING THE NUMBER OF GUNS

A person may have ownership title of UNLIMITED number of guns. However, an individual may only be given a license to possess one gun only for household keeping, the rest of his/her guns stays in the care/custody of the PNP Depository.

PNP FIREAMS DEPOSITORY

There should be a Depository of Firearms in the custody of Philippine National Police. PNP Depository is individualized, tamper-proof, and safe.

CONTROLLING THE NUMBER OF AMMUNITION

An individual who is given a license to possess or carry a firearm will be authorized to ammunition in a maximum number of six, except military and police personnel whose regular function it to respond to hostility situations.

IDENTIFYING A GUN THAT WAS FIRED

All guns must have have a serial numbered plastic thin film strip inside the barrel, for determination if the gun is fired. Persons who have gun license must submit an incident report to the Police in the even the gun is fired for whatever reason.

LEGAL INSURANCE FOR POLICE AGAINST GUN RESISTANCE

If the suspect has a gun and will resist a warranted search/arrest, the Police will be immune from any charges on grounds of self-defense as long as the proper procedure is followed in the serving of the warrant.

REWARDS TO WHISTLEBLOWER OF UNREGISTERED GUNS

A third-party report of possession of unregistered gun that will render positive result will be rewarded with the gun with guarantee of confidentiality. Penalty for possession/carry of unregistered firearm will be a fine of P200,000.

OWNER'S RESPONSIBILITY TO SECURE THE GUN

The owner of a registered gun that is used in a crime or suicide will be criminally liable, except when the gun is kept in the PNP Depository. Gun aided crimes will have DOUBLE PENALTY without possibility of parole if the gun is unregistered.

PROFESSIONALIZATION OF GUN MAKERS

Backyard manufactured is okay as long as the maker is a Licensed Professional Gun Maker and the gun passed the safety-test of the Gun Makers Association. Guns must be acquired by citizens in affordable budget to make is accessable to everyone. It is the sole responsibility of the Company with Copyrights to make a determination and file intellectual property rights cases on a case-to-case basis.