Group asks SC to stop added fees in getting gun licenses

A pro-gun group has asked the Supreme Court to stop the Philippine National Police (PNP) from requiring gun owners to pay additional fees for the issuance of firearms and ammunition licenses.

In its petition, Go Act Inc. said the contested fees being imposed by the PNP were exorbitant, tantamount to taxation, and have no relevance to the costs of inspection and regulation of firearms.

The schedule of fees, rates and charges for the issuance of firearms and ammunition licenses was implemented last September 5, 2014, pursuant to Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act, enacted on May 29, 2013.

These added fees are required to be paid on top of the regular fees for the registration of firearms.

Among the licenses covered by these additional fees are licenses to own and possess firearms (LTOPF), permits to carry firearms outside residence (PTCFOR), sports shooter licenses and other licenses and permits for firearms and ammunition for individual gun owners.

LTOPF fees ranged from 1,000 to P10,000. Meanwhile, fees for other licenses and permits pertaining to firearms ranged between P100 (Validation of Gun Safety Seminar fee) and P6,000 (PTCFOR).

“It is clear that the schedule of fees is not just aimed at defraying the cost of processing and issuing LTOPF, PTCFOR, and other licenses and permits of individual gun owners,” read the petition.

“Rather, the schedule of fees is actually a tax, as it is clearly irrelevant to the costs of inspection and regulation required under RA 10591,” added the group, which claims to advocate for and carry out lawful and legitimate activities in pursuit of the right of responsible citizens to personal safety and security.

Named respondents were Executive Secretary Paquito Ochoa, Interior Secretary Mar Roxas, PNP Deputy Director General Leonardo Espina, PNP Civil Security Group director Chief Supt. Elmer Soria, and PNP Firearms and Explosives Office director Chief Supt. Elmo Francis Sarona.

The group said the power of taxation lies exclusively with the legislature, and that the executive branch, to which the Palace, DILG and the PNP belong, cannot unilaterally enact and impose a revenue raising measure.

The government has cited Administrative Order 31 to justify the collection of the license and permit fees, but the petitioner said the same AO does not allow the government to impose a tax or raise a revenue in collecting payments for licenses and permits of firearms.

The petition also said the respondents themselves had already admitted that only 20 percent of the revenues raised from the schedule of fees would be used to render the services outlined in RA 10591 and its implementing rules and regulations.

“Hence, it is not clear where the remaining 80 percent or around P520 million every two years will go,” said the petitioner.

The group asked the SC to issue a temporary restraining order preventing the PNP from further collecting fees on firearms and ammunition licenses and permits, while the case is pending with the court.

“Billions of pesos in public funds stand at risk of being unaccounted for, applied to various items not otherwise provided for in the approved budget of the PNP, or worse, outright malversed,” said the petitioning group.

In March last year, another pro-gun group, Peaceful Respondent Owners of Guns, Inc, had already contested the legality of portions of the RA 10591. —NB/KG, GMA News