Gun ban: Licensed owners ask Supreme Court for exemption

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Gun ban: Licensed owners ask Supreme Court for exemption
Petitioners say that having licensed gun owners like them covered by the Comelec's ban would expose them to security threats

MANILA, Philippines – Private gun owners are asking the Supreme Court (SC) to require the Commission on Elections (Comelec) to exempt them from the gun ban, which took effect Sunday, January 10. (READ: Comelec: Jan 10 is start of election period, gun ban

In a 44-page petition for mandamus they filed on Monday, Eric Acosta, Nathaniel dela Paz, and lawyer Rodrigo Moreno said having licensed gun owners like them covered by the ban would expose them to security threats. 

The gun ban, which is part of the larger election ban that will be in effect until June, prohibits public and privat individuals from bearing, carrying, or transporting guns or deadly weapons outside of their homes or place of business. All permits to carry firearms would also be put on hold, unless they have a certificate of authority from the Comelec.

Comelec Chairmen Andres Bautista and Philippine National Police Chief Director General Ricardo Marquez were named respondents in the petition.

The petitioners are hoping for a status quo ante order and an injunction directing the Comelec to issue gun owners permits to carry firearms.

“As discussed, Respondents have violated Petitioners’ clear legal right to a [permit] to carry their firearms outside their residence,” the petitioners said.

They added, “Respondents have likewise violated petitioners’ right to equal protection of the law, by ignoring their right to bear their firearms yet at the same time granting such right to government officials whoare similarly situated as petitioners.”

Only police, military, other law enforcers and select government officials may carry guns during the election period. 

The petitioners emphasized, however, that the Omnibus Election Code and Republic Act 7166 clearly states that the restriction on carrying guns is “not absolute.” 

They also said that Republic Act 10591, or the Comprehensive Firearms and Ammunition Act, recognizes the right of persons under threat or serious physical injury to carry guns outside of their homes.

“Respondent Comelec recognized the threat to the lives and safety of certain government officials and employees, and accordingly granted them exemptions from the gun ban, yet in the same breath chose to violate the Petitioners’ clear legal right to defend themselves from the very same threats, by suspending all PTCFORs and refusing to grant exemptions,” the petition said.

Petitioners said that the Comelec have also been granting exemptions to government officials who are not engaged in actual law enforcement and security work. They include all Cabinet secretaries, congressmen, and senators who are not running in the coming elections.

According to the petitioners, by granting exemptions to other government officials who are not law enforcers, the respondents “undermined the purpose of Resolution Number 10015.”

The petition read: “Indeed, petitioners stand to lose their lives, physical safety, and security if they cannot carry their firearms outside their residences due to the threat against them as recognized by RA 10591. Hence, not issuing a preliminary mandatory injunction would be to sanction Respondents ‘ violation of Petitioners’ constitutonal right to equal protection of the laws.” 

Comelec’s Bautista and PNP’s Marquez inspected checkpoints from Katipunan Avenue in Quezon City to C-5 corner Kalayaan Avenue in Taguig City on Saturday night, January 9.

Bautista asked for the public’s patience and cooperation for secure, fair, and orderly elections on May 9.

Humihingi kami ng pasensya sa taumbayan, kumbaga, sa konting abala para siguruhin ang kanilang kabutihan at kapakanan,” he said. (We ask for patience during this minor period of inconvenience to ensure everyone’s safety and welfare.)

The PNP set up a total of 1,661 checkpoints around the country in compliance with the Comelec’s directive on the gun ban.

The gun ban in is in effect until June 8. – Rappler.com

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