Atty. Julius Gregory Delgado
GUN CONTROL LAWS AND REGULATION: HOW THE PHILIPPINE JURISDICTION DIFFERS FROM THAT OF THE UNITED STATES OF AMERICA
The recent school shooting in Uvalde, Texas again shocked the world. Uvalde, where actor Matthew McConaughey was born, is a quiet and peaceful suburb near the U.S.-Mexico border and is predominantly Latino. Suddenly, an 18-year old gunman stormed Robb Elementary School and killed 19 precious children and 2 teachers. But how can an 18-year old easily acquire an assault rifle just like buying a can of corned beef in Walmart?
In the United States, it is provided in their Constitution that its citizens have a Constitutional right to bear firearms. So any form of regulation, which limits or restricts this ability of their citizens, is prone to a Constitutional challenge before the courts. This is not to mention the strong lobby from the National Rifle Association or the NRA to anticipate and prevent any gun control regulation from being passed either in the U.S. Congress or the state legislatures. The reason for this Constitutional fiat is that in the past, the United States of America ensured that they had enough armed militia to defend the Union against those who wish to break it.
In our country, we have Republic Act No. 10591, otherwise known as the Comprehensive Firearms and Ammunition Regulation Act, which requires a citizen who wishes to own and possess a firearm to secure a license. This is different from the gun registration and Permit to Carry Outside of Residence which entitles a licensed gunowner to bring his or her firearm outside of his registered residence. If a similar law was passed in the United States, it would have been easily struck down for being unconstitutional.
Just recently, RA 10591 was amended by RA 11766 signed by outgoing President Rodrigo Roa Duterte. Sections 7 and 19 of RA 10591 was amended extending the validity of the License to Own and Possess Firearm (LTOPF) and that of gun registration from two (2) years to now five (5) or ten (10) years at the option of the licensee. The amendment also exempts from the requirement of Threat Assessment for the purpose of obtaining Permit to Carry the following: 1) Members of the Philippine Bar; 2) Certified Public Accountants; 3) Accredited Media Practitioners; 4) Cashiers, Bank Tellers; 5) Priests, Ministers, Rabbi, Imams; 6) Physicians and Nurses; 7) Engineers; 8) Businessmen, who by nature of their business and undertaking, are exposed to high risk of being targets of criminal elements; 9) elected incumbent and former officials; and 10) active and retired military and law enforcement personnel.