SC seeks Palace, PNP response on anti-firearms law plea

The Supreme Court has asked Malacañang and the Philippine National Police (PNP) to respond to a gun group's petition seeking to strike down a relatively new firearms law that sets stricter measures and harsher penalties on gun ownership.

The high court did not issue a temporary restraining order or a writ of preliminary injunction, which was the immediate relief immediately being sought by the petitioner.

"Without necessarily giving due course to the petition, the court required respondents to comment on the Petition within 10 days," said the SC Public Information Office in a statement.

In its petition, the Peaceful Responsible Owners of Guns, Inc. (Progun) asked the SC to stop the implementation of Republic Act 10591 either through a temporary restraining order or a writ of preliminary injunction, and have certain portions of it declared as illegal.

RA 10591—or "An Act Providing for Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations Thereof," which was signed in May last year—allows individuals to own only up to 15 guns, and "serious collectors" to possess 15 or more firearms.

Among the provisions being contested by Progun is the one that gives a "waiver and consent" on warrantless searches, in supposed violation of Article 2, Section 2 of the 1987 Philippine Constitution that protects a person's right against unreasonable and illegal searches and seizures.

The group also criticized the provision that centralizes firearms applications and renewals at the Philippine National Police headquarters inside Camp Crame in Quezon City, halting applications and renewals in PNP regional and satellite offices.

The group also wants the high court to strike the provision of the law that allows the PNP to use a courier service for deliveries of approved firearms license cards.

Other than the prescribed 15 guns per person, the new law allows certain individuals, such as lawyers, to carry guns outside of the home due to the perceived threats on their lives.

The new law also requires that both gun owner and the actual gun should be licensed under the PNP.

Similarly, under the new law, gun owners need to renew their guns’ licenses every two years, instead of three as earlier prescribed by Executive Order 194, signed by President Joseph Estrada in 2000 and which was superseded by the new law.

The new law also carries steeper punishments for those caught illegally possessing firearms, with jail time increased from one to six years before the new law to six to 12 years. — Mark Merueñas/BM, GMA News