Total Gun Ban (English)

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Fourteenth Congress
First Regular Session

HOUSE BILL NO. _______

_____________________________________________________________________

Introduced by Honorable Eduardo Nonato N. Joson
_____________________________________________________________________

EXPLANATORY NOTE

In the spate of killings and reports of violence, there is an urgent need to re-visit the campaign for a gunless society. One need only peruse the daily newspapers to see numerous accounts of victims and abuses by gun-toting individuals. It is ironic to hear such accounts in the face of Article II, Sections 2 and 3 of the Constitution of the Philippines, where it is avowed that the state adheres to a policy of peace, and declares that civilian authority shall always be supreme over the military.

Despite moves to have all guns registered and to regulate the use of firearms, there are still countless incidents of violence and improper use of guns/weapons/firearms. Many lives have been lost, in the realm of politics, business, ideology, religion and even in the personal affairs of the citizenry because of the lack of a truly effective system for the control and use of guns and firearms. Deadly weapons are accessible to the citizenry and open to abuse. The law of the jungle prevails and the rule of force and violence overcome the rule of a civil society and rule of reason.

The times call for a re-examination of our laws regarding the possession and use of guns and firearms. In other countries and states, there is a move towards the use of non –lethal weapons to keep peace and order. In keeping with the Constitutional policy of peace and the recognition of the Rule of Law, there is a need for our nation to veer away from violence and instruments which propagate violence. This bill seeks to implement a total gun ban policy and to promote the use of non-lethal weapons in the arena of law enforcement.

Hence, approval of this bill is earnestly sought.


EDUARDO NONATO N. JOSON








Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

Fourteenth Congress
First Regular Session

HOUSE BILL NO. _______

________________________________________________________________________

Introduced by Honorable Eduardo Nonato N. Joson
________________________________________________________________________

AN ACT PROVIDING FOR A TOTAL GUN BAN POLICY AND THE USE OF NON-LETHAL WEAPONS AS SUBSTITUTE BY THE PHILIPPINE NATIONAL POLICE (PNP) AND OTHER LAW ENFORCEMENT AGENCIES, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

SECTION 1.Title - This act shall be known as “THE TOTAL GUN BAN ACT”.

SECTION 2. Declaration of Policy- Article II, Section 2 of the Constitution declares that, “the Philippines renounces war as an instrument of national policy and adheres to the policy of peace.” Further, Article II, Section 3 declares that, “civilian authority is, at all times, supreme over the military.” Such principles in our Constitution recognize the Rule of Law and the sovereignty of the people and acknowledge the duty to promote non-violence and of reason in the conduct of national affairs.

SECTION 3. Definition of Terms:
a. Total gun ban – refers to the absolute prohibition in the use, ownership and/or possession of deadly weapons such as but not limited to firearms, rifles, bombs, explosive devices, chemical weapons or laser guns or other similar devices which are made or used to kill a person.
b. Non-lethal weapons – refer to devices, paraphernalia, equipment, gadgets or other similar devices which are non-life threatening per se and which are used to disable, paralyze or to shock a person to submission or to yield to law-enforcement authorities. Such non-lethal weapons may include, among others, teargas devices, electric prods, chemical sprays, rubber bullets or other similar devices, equipment or gadgets.
c. Law-enforcement agencies – refer to agencies authorized to implement and enforce the law such as but not limited to the Philippine National Police (PNP), National Bureau of Investigation, Bureau of Jail Management and Penology (BJMP), court sheriffs, jail guards other than personnel of the Bureau of Jail Management and Penology (BJMP), duly deputized persons, anti-riot contingents or civil disturbance units of the Philippine National Police (PNP) or augmentation forces from the Armed Forces of the Philippines (AFP), duly licensed security agencies, etc.

SECTION 4. Phased Implementation Of The Total Gun Ban Policy - A total gun ban policy is hereby enunciated and shall be implemented within a period of three (3) years. The Department of Interior and Local Government (DILG) in coordination with the Director General of the Philippine National Police (PNP) shall undertake such actions as may be necessary in order to effectively implement the total gun ban policy.

I. First year of implementation

a. Arrest violators of the policy.
b. An information and reward system for voluntary surrender of loose firearms and licensed firearms shall be in placed within 6 months. The reward money shall be sourced from the budget of the Department of Interior and Local Government (DILG), Philippine National Police (PNP) or from donations of private persons.
c. Media dissemination of the policy shall also be conducted extensively.
d. The Department of Education, Culture and Sports (DECS) and Commission on Higher education (CHED) shall also issue a circular or an order to all faculty and students regarding the total gun ban policy of the government.
e. Only on-duty uniformed Law Enforcement Agency (LEA) personnel shall be allowed to carry short firearms outside residence.
f. Procurement of non-lethal weapon shall be made using the budget of the Philippine National Police (PNP) allocated for deadly weapons.
g. Sale of deadly weapons to the general public is prohibited.

II. Second year of implementation

a. Checkpoints and searches shall be undertaken by duly authorized Philippine National Police (PNP) or Armed Forces of the Philippines (AFP) personnel in accordance with a valid court warrant.
b. No on-duty uniformed personnel of a Law Enforcement Agency (LEA) shall be allowed to carry any deadly weapon outside residence. Substitute non-lethal weapons shall instead be carried by said Law Enforcement Agency (LEA) personnel.
c. Regulated sale of non-lethal weapons to the general public shall be allowed.

III. Third year of implementation

a. Assessment and remedial measures shall be undertaken by the Department of Interior and Local Government (DILG) to correct any flaw, defect or deficiency in the total gun ban policy.




b. Recommendation of the Department of Interior and Local Government (DILG) – shall be forwarded to the Office of the President which may after due consultation with the Congress of the Republic of the Philippines, lift the total gun ban or suspend the same for a given period not exceeding six (6) months.


SECTION 5. Implementing Rules and Regulations –The Department of Interior and Local Government (DILG) in coordination with the Director General of the Philippine National Police (PNP) shall promulgate the rules and regulations for the effective implementation of this Act within sixty (60) days from approval hereof.

SECTION 6. Separability Clause – If any part, section or provision of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain in full force and effect.

SECTION 7. Repealing Clause – All laws, decrees, orders, rules and regulations or other issuances inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

SECTION 8. Effectivity – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved.