SC urged to lift TRO on gun permit system

MANILA, Philippines - The Philippine National Police (PNP) has asked the Supreme Court (SC) to lift the temporary restraining order (TRO) halting the implementation of its new firearms licensing system.

In a 48-page comment filed through the Office of the Solicitor General (OSG), the PNP said there is no basis for the issuance of the TRO since there is no violation of laws in the assailed system that centralized gun registration at Camp Crame in Quezon City.

Covered by the TRO, which has been in effect for over six months now, is the centralization of gun regulatory processes, including requirements, testing and licensing.

The TRO also covers outsourcing of firearms license delivery by courier service and warrantless searches of homes in the guise of firearms inspection.

In the pleading obtained by The STAR last week, the PNP asked the high court to dismiss the petitions filed by Peaceful Respondent Owners of Guns Inc. (PRO Gun) and Gun Owners in Action (GO Act) assailing the new firearms licensing system under Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act of 2013.

Contrary to the petitioners’ allegations, the OSG argued that the PNP has not acted beyond its power in centralizing the gun permit system.

“The order was not whimsical and arbitrary, but based on a valid exercise of delegated power by the PNP to prevent irregularities in the licensing processes. The alleged inconvenience on the part of the applicants in going to Camp Crame to process their application or renewal of gun permits cannot be equated to irreparable injury that warrants the continued imposition of the TRO,” it stressed.

The OSG refuted the claim of the petitioners that the provision of RA 10591 allowing warrantless searches of homes violates the right of 1.5 million gun owners against illegal searches and seizures under Article 2 Section 2 of the Constitution.

“The PNP requirement for applicants to individual-type license to consent to voluntary presentation of firearms for inspection is not unconstitutional. The inspection contemplated under RA 10591 is not within the scope of search contemplated under the Constitution, as it is limited to the examination of only the firearms subject of the applications or type of licenses,” it pointed out.

The OSG argued that the issue regarding the validity of the PNP’s outsourcing of firearms license delivery by courier service has become moot and academic since it has ceased utilizing the services of Werfast Documentation Agency since April.

The PNP has taken over the task of delivering firearms license cards to gun owners, it added.

The PNP has reiterated that the new gun control law is needed to curb the proliferation of loose firearms in the country and speed up the resolution of crimes.

The OSG filed the comment for the PNP and other respondents in the petitions, including Executive Secretary Paquito Ochoa Jr. and Interior Secretary Mar Roxas.  

The PNP has extended until 2015 the validity of gun permits that will expire this year to allow the Firearms and Explosives Office to focus on the information technology enhancements of the firearms registration system under RA 10591.