Drizzt
Member
Philippine Daily Inquirer
March 4, 2003
SECTION: 8
LENGTH: 917 words
HEADLINE: GMA SHOULD CERTIFY GUN BAN BILL AS URGENT
BYLINE: Neal H. Cruz
BODY:
FORMER Solicitor General Frank Chavez has filed a petition in court questioning the gun ban imposed by President Macapagal-Arroyo. He said he is representing a gun club but some people suspect gun dealers are behind it.
Chavez said in his petition that the President cannot unilaterally withdraw permits to carry firearms granted to the gun owners who had paid for such permits. As long as its holder follows the conditions of the permit, it cannot be withdrawn, not even by the President, without any law authorizing it, he said.
Many lawyers find this argument specious. Pilit na pilit, they say. The Constitution, they say, commands the State to maintain peace and order, protect life, liberty and property, and promote the general welfare. The gun ban is an exercise by the State-represented by the President-of its police power to implement this provision of the Constitution.
Anyway, Chavez's arguments may soon become academic. Senate President Franklin Drilon and Sen. Aquilino Pimentel Jr. have already filed a bill, SB 2480, authorizing a gun ban, similar to the Malacanang-mandated gun ban. All the President has to do to hasten its approval is to certify the bill as urgent.
The bill does not proscribe the ownership and licensing of firearms. What it prohibits is the carrying of firearms in public places. Licensed guns must be kept at home, as they are intended only for protection.
No permit to carry firearms shall be issued to anybody except regular members of the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the National Bureau of Investigation (NBI), the sheriff's offices of various courts, licensed private security agencies or the security forces of government agencies. That refers only to regular members of the above-named organizations. Temporary or confidential agents or informers of the military or the police are not included.
These members of law enforcement agencies and private security guards, however, can carry their firearms only when in complete uniform, on official duty, and commuting from home to their place of work. The carrying of firearms while making unauthorized side trips is not permitted. Politicians are not allowed to have private bodyguards.
Gun club members will be allowed to carry their guns in going from home to gun club facility, but the gun must be unloaded and kept in the locked trunk of the motor vehicle. They cannot take the guns to any other public place either, on the pretext that it is along the way. Before they are issued permits to carry, they must execute affidavits that they will keep the guns only in their homes or sports facilities of which they are members.
Smuggled, confiscated and illegally acquired guns will be destroyed within 15 days of confiscation, except those stolen from law enforcement agencies and those needed as evidence in court trials.
The penalty for violation is imprisonment of six to 10 years and a fine ranging from P20,000 to P100,000. In addition, public officials will be perpetually disqualified from public office, appointive or elective, and all their retirement privileges and benefits forfeited. Military and police personnel will be dishonorably discharged.
***
During the Kapihan sa Manila forum two Mondays ago, all the panelists (Chief Supt. Cris Maralit, Senior Supt. Oscar Valenzuela, Carina Agarao of the Crusade Against Violence and Nandy Pacheco of Gunless Society) as well as the audience were in favor of the gun ban, all except the gun club members and Frank Chavez-and the latter only because he was hired to oppose the gun ban.
To the oft-repeated excuse that "civilians need gun to protect themselves," Agarao countered that no civilian, with the possible exception of Sonny Parsons of Marikina who was at home and not in a public place, ever won in a gunfight with a criminal. Far from being a protection, a gun carried by a civilian is cemetery-bait. Most of the killings involving civilians were caused by hot-headed gun-toters in minor traffic altercations. These minor traffic accidents could have been settled peacefully had the protagonists not been carrying guns. But because one or both of them had guns, a minor inconvenience became a deadly contest with no winners, only losers. One lands in the hospital or funeral parlor; the other lands in jail. All because of guns that people can do without.
Persons who do not carry guns are usually cool, level-headed and reasonable. But give them guns and they undergo a Jekyll-and-Hyde transformation. They become brave, hot-headed and abusive. The gun gives them a high, like drugs and alcohol do.
Pride, the first cardinal sin, plays a big role in these tragic shootings. Once a person draws his gun, he is under great pressure to use it because of pride. He will lose face if he backs out.
Sometimes victims, also because of bravado, ironically contribute to their early demise. "Sige, kalabitin mo!" they taunt the gun-toter. "Bakit hindi mo kalabitin?"
With such a taunt, what do you expect the immature gun-toter to do? He could not holster his gun and turn around and walk away. Most likely, the victim will hurl more taunts and insults at his back: "Duwag ka pala, eh. Takot ka pala!" The victim, because of pride and bravado, actually forces the gunwielder to shoot. It's like committing suicide. He dies, but the other guy ends up in prison, regretting for the rest of his life that he ever handled a gun.
Solution: No guns at all.
March 4, 2003
SECTION: 8
LENGTH: 917 words
HEADLINE: GMA SHOULD CERTIFY GUN BAN BILL AS URGENT
BYLINE: Neal H. Cruz
BODY:
FORMER Solicitor General Frank Chavez has filed a petition in court questioning the gun ban imposed by President Macapagal-Arroyo. He said he is representing a gun club but some people suspect gun dealers are behind it.
Chavez said in his petition that the President cannot unilaterally withdraw permits to carry firearms granted to the gun owners who had paid for such permits. As long as its holder follows the conditions of the permit, it cannot be withdrawn, not even by the President, without any law authorizing it, he said.
Many lawyers find this argument specious. Pilit na pilit, they say. The Constitution, they say, commands the State to maintain peace and order, protect life, liberty and property, and promote the general welfare. The gun ban is an exercise by the State-represented by the President-of its police power to implement this provision of the Constitution.
Anyway, Chavez's arguments may soon become academic. Senate President Franklin Drilon and Sen. Aquilino Pimentel Jr. have already filed a bill, SB 2480, authorizing a gun ban, similar to the Malacanang-mandated gun ban. All the President has to do to hasten its approval is to certify the bill as urgent.
The bill does not proscribe the ownership and licensing of firearms. What it prohibits is the carrying of firearms in public places. Licensed guns must be kept at home, as they are intended only for protection.
No permit to carry firearms shall be issued to anybody except regular members of the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the National Bureau of Investigation (NBI), the sheriff's offices of various courts, licensed private security agencies or the security forces of government agencies. That refers only to regular members of the above-named organizations. Temporary or confidential agents or informers of the military or the police are not included.
These members of law enforcement agencies and private security guards, however, can carry their firearms only when in complete uniform, on official duty, and commuting from home to their place of work. The carrying of firearms while making unauthorized side trips is not permitted. Politicians are not allowed to have private bodyguards.
Gun club members will be allowed to carry their guns in going from home to gun club facility, but the gun must be unloaded and kept in the locked trunk of the motor vehicle. They cannot take the guns to any other public place either, on the pretext that it is along the way. Before they are issued permits to carry, they must execute affidavits that they will keep the guns only in their homes or sports facilities of which they are members.
Smuggled, confiscated and illegally acquired guns will be destroyed within 15 days of confiscation, except those stolen from law enforcement agencies and those needed as evidence in court trials.
The penalty for violation is imprisonment of six to 10 years and a fine ranging from P20,000 to P100,000. In addition, public officials will be perpetually disqualified from public office, appointive or elective, and all their retirement privileges and benefits forfeited. Military and police personnel will be dishonorably discharged.
***
During the Kapihan sa Manila forum two Mondays ago, all the panelists (Chief Supt. Cris Maralit, Senior Supt. Oscar Valenzuela, Carina Agarao of the Crusade Against Violence and Nandy Pacheco of Gunless Society) as well as the audience were in favor of the gun ban, all except the gun club members and Frank Chavez-and the latter only because he was hired to oppose the gun ban.
To the oft-repeated excuse that "civilians need gun to protect themselves," Agarao countered that no civilian, with the possible exception of Sonny Parsons of Marikina who was at home and not in a public place, ever won in a gunfight with a criminal. Far from being a protection, a gun carried by a civilian is cemetery-bait. Most of the killings involving civilians were caused by hot-headed gun-toters in minor traffic altercations. These minor traffic accidents could have been settled peacefully had the protagonists not been carrying guns. But because one or both of them had guns, a minor inconvenience became a deadly contest with no winners, only losers. One lands in the hospital or funeral parlor; the other lands in jail. All because of guns that people can do without.
Persons who do not carry guns are usually cool, level-headed and reasonable. But give them guns and they undergo a Jekyll-and-Hyde transformation. They become brave, hot-headed and abusive. The gun gives them a high, like drugs and alcohol do.
Pride, the first cardinal sin, plays a big role in these tragic shootings. Once a person draws his gun, he is under great pressure to use it because of pride. He will lose face if he backs out.
Sometimes victims, also because of bravado, ironically contribute to their early demise. "Sige, kalabitin mo!" they taunt the gun-toter. "Bakit hindi mo kalabitin?"
With such a taunt, what do you expect the immature gun-toter to do? He could not holster his gun and turn around and walk away. Most likely, the victim will hurl more taunts and insults at his back: "Duwag ka pala, eh. Takot ka pala!" The victim, because of pride and bravado, actually forces the gunwielder to shoot. It's like committing suicide. He dies, but the other guy ends up in prison, regretting for the rest of his life that he ever handled a gun.
Solution: No guns at all.