Amnesty 2007 (As of July 31, 2007)

[s.g]

http://www.philstar.com/index.php?Headlines&p=49&type=2&sec=24&aid=20070730187

Headlines
Yearlong gun amnesty on – PNP
By Cecille Suerte Felipe
Tuesday, July 31, 2007
Holders of unlicensed guns may now apply for licenses under an amnesty issued by President Arroyo last Dec. 11, after surrendering their firearms to the nearest police headquarters in the regions, provinces and cities outside Metro Manila, and in Camp Crame for those in the National Capital Region.

“Paltiks” or homemade firearms are not covered by the gun amnesty.

Under the implementing rules and regulations (IRR) approved by Philippine National Police Chief Director General Oscar Calderon, surrendered “paltiks” would be destroyed.

Documents sent to The STAR showed that the gun amnesty shall apply to all individuals who surrender unregistered firearms from June 14, 2007 to June 13, 2008.

Under the IRR, any applicant for a license to possess unregistered/loose firearms shall first secure a permit to transport (PTT) before carrying the firearm and ammunition to city police offices, police provincial offices and police regional offices.

In Metro Manila, all applications and PTT shall be processed at the Firearms and Explosives Division (FED) and Civil Security Group (CSG) in Camp Crame in Quezon City.

According to the document, the chiefs of the city police, provincial police directors, regional directors, directors of the CSG or FED, may issue the PTT.

After securing the PTT, the applicant shall properly wrap and label the firearm and ammunition and submit them to FED, CSG or the police office where the PTT was issued.

The FED, CSG or the concerned police office shall then submit the firearm to the nearest PNP Crime Laboratory for stencil tracing and test firing, and for forensic ballistics sample at the expense of the applicant.

After the stencil has been taken and the test firing conducted, the firearm shall be transmitted back to FED, or to the concerned CPO, PPO, and PRO that shall issue the order of payment for licensing.

The applicant shall then file with the ED or the police office concerned his/her duly accomplished application form together with the ballistics test-firing and stencil certificate, firearms bond, Special Bank receipts (SBR) and other required documents.

Individuals are required to bring proof of citizenship/birth certificate, proof of identity/name, proof of address/billing, proof of qualification/profession/ vocation, police and NBI clearances, neuro-psychiatric evaluation, drug test result, certificate of training/seminar on gun handling and safety.

The applicant for gun amnesty shall pay the amount of P2,000 for the license to possess firearms, which include a rifle cal. 22, shotgun (all gauges) and all handguns (pistols/revolvers) cal .22 to .38 or 9mm. The applicant shall pay the amount of P3,000 for the license to possess high powered firearms or rifles, and all other handguns.

Records from the FED showed about 48 percent of the 900,000 licensed gun holders have failed to renew their licenses.

FED director Chief Superintendent Florencio Caccam said that 48 percent of the 900,000 or almost 450,000 firearms will be added to the list of over 100,000 loose firearms if the owners fail to renew the license immediately.

[chowchow]

Talagang gun registration talaga ng Bayan. They knew well they can make some money (revenue) out of this .

[chowchow]

On this regard, what if you happen to have an unregistered firearm at home and a burglar made a home invasion. You ended killing the perp in self defense. Would they prosecute you for unlicensed firearm even if it was justified self defense right inside your home??

[bmag]

IMO you will surely be cleared on homicide, but there may be a clear case on illegal possesion of the firearm.

Good info on the recent amnesty.
Thanks to the thread starter.

[bisoy]

or u can always say that the gun you used was brought in by the burglar. dead men tell no tales.

[kcboy]

Originally posted by bisoy
or u can always say that the gun you used was brought in by the burglar. dead men tell no tales.



i was about to say the same thing.....as long as the prints of the burglar is all over the gun, the cops cant prove who really owned the gun.heheheeh:banana:

[crazy_hans]

[QUOTE]Originally posted by bmag
[B]IMO you will surely be cleared on homicide, but there may be a clear case on illegal possesion of the firearm.



sir bmag wouldn't illegal possesion of firearms be absorbed in the crime of homicide as a special aggravating circumstance?

[s0nny_g17]

paano po ba mag-apply ng amnesty?

i guess first steps is to get a ptt for the fa. ano ba mga requirements pagkuha ng ptt?

[gatmig]

this is the scenario: grandfather used to serve in the air force. grandfather passes. grandfather leaves a S&W revolver. heirs cannot find any papers related to the FA.

how do the heirs go about licensing this FA? As a first step, is their a way one can check if the FA left behind was government issued? Correct me if i am wrong but if one tries to license this FA and it is found to have been a government issued FA, FED has the right to confiscate this?

[9MX]

Originally posted by gatmig
this is the scenario: grandfather used to serve in the air force. grandfather passes. grandfather leaves a S&W revolver. heirs cannot find any papers related to the FA.

how do the heirs go about licensing this FA? As a first step, is their a way one can check if the FA left behind was government issued? Correct me if i am wrong but if one tries to license this FA and it is found to have been a government issued FA, FED has the right to confiscate this?

if it belongs to the govt, you have to return it

under our laws, FAs must be surrendered to FED when the owner dies

[charlie-xray]

That's why I enjoy it here, we're all on the same frequency.

Originally posted by kcboy
i was about to say the same thing.....as long as the prints of the burglar is all over the gun, the cops cant prove who really owned the gun.heheheeh:banana:

[bmag]

Originally posted by crazy_hans
sir bmag wouldn't illegal possesion of firearms be absorbed in the crime of homicide as a special aggravating circumstance? [/B]

c'hans,

I asked a lawyer friend for some info and you are right, by the new law (after Robin P.) the illegal possession becomes an aggravating circumstance. In self defense we get away with homicide. Problema lang daw kung paltik ang ginamit.

Cost me a beer for asking. Did not pursue much further, lakas uminom friend ko.

[s.g]

Found a copy of yesterday's edition of Philippine Star, and read about the increased amnesty licensing rates.

Unfortunately, I couldn't get hold of an online copy of the article (hindi pa naka-archive).

Will just type the article later when I have time.

[New_comer]

Originally posted by chowchow
On this regard, what if you happen to have an unregistered firearm at home and a burglar made a home invasion. You ended killing the perp in self defense. Would they prosecute you for unlicensed firearm even if it was justified self defense right inside your home??

Originally posted by kcboy
i was about to say the same thing.....as long as the prints of the burglar is all over the gun, the cops cant prove who really owned the gun.heheheeh


I presume the gun would have to be obtained from some other source, not your own gun with an unrenewed license for this "burglar" trick to work.

I also understand that the cop's ballistics/stencil test can trace who owned this gun before. If the police were able to trace the original owner of the gun, would he be liable to any death due it if he failed to report its loss, or sold it illegally?

[Glock_19_9x19]

.............

[crazy_hans]

Originally posted by bmag
c'hans,

I asked a lawyer friend for some info and you are right, by the new law (after Robin P.) the illegal possession becomes an aggravating circumstance. In self defense we get away with homicide. Problema lang daw kung paltik ang ginamit.

Cost me a beer for asking. Did not pursue much further, lakas uminom friend ko.


Wah!ang tindi naman nya beer agad yun.attorneys fees agad ha!hehehehehe sana appearance fee nya ber lang din but after hearing na not before.hahahaha

[kcboy]

Originally posted by charlie-xray
That's why I enjoy it here, we're all on the same frequency.

bogs of the same feather flock together.:laughabove:

[jimbullet]

The Philippines is not like the US, which has a law, (forgot what its called) that if you had an unregistered firearm and you used it against a perp, with the same ruled as self defense (no questions about self defense), then you can invoke this particular law that leaves you not criminally liable to have possessed the gun illegally, but of course the Feds will confiscate it already. At least you are not prosecuted for such possession.

[KevlarSix]

Originally posted by crazy_hans
[QUOTE]Originally posted by bmag
[B]IMO you will surely be cleared on homicide, but there may be a clear case on illegal possesion of the firearm.



sir bmag wouldn't illegal possesion of firearms be absorbed in the crime of homicide as a special aggravating circumstance?

You got it right..

[Alexii]

Originally posted by jimbullet
The Philippines is not like the US, which has a law, (forgot what its called) that if you had an unregistered firearm and you used it against a perp, with the same ruled as self defense (no questions about self defense), then you can invoke this particular law that leaves you not criminally liable to have possessed the gun illegally, but of course the Feds will confiscate it already. At least you are not prosecuted for such possession.

IIRC, it's the Law of Competing Harms. Sounds very much like it.