Post by attyticky on Mar 17, 2008 11:12:51 GMT 8
REPUBLIC OF THE PHILIPPINES
SENATE, MANILA
Attention: Senator Gregorio Honasan
Chair, Senate Committee on Public order and Illegal Drugs
Dear Senator Honasan:
As requested, the United Airsoft Alliance (UAA) respectfully submits the following position paper on replica guns as embodied in Senate Bill Nos. 2045 (Sen. Villar), SB No. 1752 (Sen. Defensor-Santiago), and SB No. 655 (Sen. Jinggoy Estrada), for your consideration.
Background
Airsoft guns are not true firearms. The law defines what a firearm is. Specifically, Section 877 of the Revised Administrative Code (dated 16 October 1916), defines “firearm” as follows:
“Firearms or arms as herein used, include rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot shell, or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles except such as being of small caliber and limited range and use as toys. The barrel of any firearm shall be considered a complete firearm.” (Emphasis supplied)
Airsoft guns are replica toy guns which shoot low velocity plastic balls by means of spring air. Clearly, being low powered and of limited range, as used in games, airsoft guns fall within the exception of “toys” as stated above by Section 877 of the Revised Administrative Code. In fact, airsoft players shoot each other in games with no injurious or harmful effects. It is similar to paintball, but without leaving a mark on the target.
The distinction between airguns as “firearms” as opposed to “toys” is likewise stated in Executive Order No. 712 dated 28 July 1981 which vests with the PNP the authority to determine whether or not an air rifle/pistol is considered as a toy and whether or not it is considered as a firearm. Pursuant to said EO 712 the PNP promulgated in 29 January 1992, its Rules and regulations Governing the Manufacture, Sale, Possession, and Carrying of Air Rifles/ Pistols, dated 29 January 1992, which provides a standard “power test” by which airguns could be either classified as firearms or toys:
“5. Testing of air rifles/ pistols
c. the air rifle/pistol shall be fired three (3) times at an ordinary plywood, one-fourth (1/4) inch thick, from a distance of ten (10) feet. If any of the fired pellets penetrated (passed through) the plywood, the air rifle/ pistol shall be classified as firearm; otherwise, the air rifle/pistol shall be classified as toy.” (Underscoring supplied)
Airsoft guns do not pass the foregoing test for the reason that plastic bb’s fired at low velocities are simply not powerful enough to penetrate plywood. As stated, airsoft guns are in fact even designed to shoot fellow players, with no lethal or injurious consequences.
In turn, section 1 of Executive Order No. 712 provides that the PNP shall the power to issue the criteria for determining whether or not a gun shall be considered as a firearm or a toy:
“ Section 1. The chief Philippine Constabulary (now PNP) shall prescribe the criteria for determining whether an air rifle/pistol is to be considered a firearm or a toy within the contemplation of sec.877 of the Revised Administrative Code.”
Now, under the current rules and regulations Governing the manufacture, sale, and possession and carrying of air rifles / pistols dated 29 January 19992, air rifles /pistols above .22 caliber are classified as true firearms:
“4. Classification of air rifles/pistol – Pursuant to Section 877 of the Revised Administrative Code the term “firearms” also included air rifles except such as being of small caliber and limited range used as toys. For this purpose, air rifles/pistol from caliber .22 and up are classified as firearms. Air pistols lower than caliber .22 shall be determine whether or not they fall under the category of firearm.”
The forgoing classification is in conformity with Sec. 877 of the Revised Administrative Code (of 16 October 1916), which defines “firearm” as follows:
“Firearms, or arms as herein used, include rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot, shell or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles except such as being of small caliber and limited range and use as toys. The barrel of any firearm shall be considered a complete firearm.” (Emphasis supplied)
Clearly, airsoft guns fall within the above-mentioned definition of being toys of limited range. By their nature airsoft guns were created in Japan to be toys firing harmless plastic round projectiles, which are commonly denominated as “bbs.” Currently, these bbs range in weight from .12 gram to .43 gram and are made of abs plastic material, shot at 290-300fps or 1 joule energy. Such guns are completely and entirely, non-lethal and non-injurious and can cause no harm whatsoever. In accordance with the absolute prohibition of firearms in Japan, airsoft guns have in fact flourished as a viable alternative to shooting afficionados who are prohibited by their government from owning and possession of any type of firearm, whether percussion or air powered. An entire industry has evolved out of airsoft sports in Japan, including practical shooting and wargamming.
Airsoft guns and shooting sports have in fact spread to practically all countries in the world, including the U.S., Europe, Australia, and all countries where strict laws against possession of firearms prevail, and yet where airsoft gun are legally and proliferently sold and used. Thus, airsoft guns are fact recognized worldwide as a safe and non-lethal alternative to possession and use of true firearms. Currently, inasmuch as true airguns firing lead pellets at velocities over 850 fps are regulated and allowed for registration under the rules and regulations governing airguns of the PNP, then more so should airsoft guns be allowed to be legally possessed since they are much weaker in power. It should be stressed that airsoft guns firing plastic bbs universally qualify under the power test of the PNP rules and regulations on airguns as implemented by the board of classification of airguns whereby when fired 3 times at ordinary plywood, one-fourth (1/4) inch thick, from a distance of 10 feet none of the pellets/bbs penetrate such barrier. In fact, the ultimate proof of the weakness of airsoft guns lies in the fact that in airsoft wargames and simulations, players actually shoot at each other, without injurious effects, provided that proper protective gear is used.
One legal problem, however, with airsoft guns is that there exists a Letter of Instruction No. 1264 dated 31 July 1982, which directs the PNP to confiscate all toy and replica firearms which are replicas of true firearms. Although there is no penal offense for violation of LOI 1264, the sale, distribution, manufacture and display of such replica firearm toys is prohibited.
Thus, there was a legal dilemma in that airsoft guns being replica firearms are not true firearms and could not be subject to licensing of firearms, but nevertheless they were prohibited as toy replicas of genuine firearms.
In order to resolve the “quasi” nature of airsoft guns, Atty. Ernesto A. Tabujara III as president of the United Airsoft Alliance (UAA) and Peaceful Responsible Owners of guns (“PROGUN”) filed a petition on 15 August 2005 with the PNP for formal classification and registration of airsoft guns as toy airguns. This was to legitimize and formalize the status of airsoft guns as toy airguns, which would exempt them from the coverage of LOI 1264.
In response to said petition, on 24 July 2006, PNP Chief Oscar Calderon signed the Amendments to the Implementing Rules and Regulations Governing the Manufacture, Sale, Possession and Carrying of air Rifles/ Pistols. This memo re-classified airsoft guns as “special airguns”, which are lower powered and limited range compared with “regular” airguns which shoot lead pellets.
Further on 13 September 2006, the Chief PNP Oscar Calderon issued PNP Circular No. 8 which laid out the implementing rules and regulations for airsoft guns. As defined in the implementing rules and regulations for airsoft (IRR), airsoft guns are defined as toys:
IV. Definition of Airsoft Rifle/ Pistol:
Airsoft rifle/pistol herein used includes battery operated, spring and gas type powered rifles/ pistol which discharge plastic or rubber pellets only as bullets or ammunition.
Airsoft rifle/pistol as a toy shall refer to those manufacture purposely as replica of a real armament with all its specifications and corresponding intellectual property sign or logo. (Emphasis supplied)
Moreover, the re-classification of airsoft guns as “special type of airgun”, on account of their low velocity/low powered nature, is stated in paragraph V of the IRR which states:
Airsoft rifle/pistol as herein classified as special type of airgun, shall be used in sporting activities such as war game or war game simulation only. All airsoft rifles/pistols shall not exceed 550 feet per second velocity of their plastic or rubber pellets. Otherwise, it shall not be eligible for registration. Furthermore, the weight of the BB ammunition shall not exceed 0.2 grams. (Emphasis supplied)
The classification of airsoft guns as toy airguns (“special type of airgun”) by the PNP expressly excluded these guns from the definition of “firearm” under the law. Moreover, as stated, Section 877 of the Revised Administrative Code (dated 16 October 1916), expressly excludes from the definition of firearms, air rifles such as being of small caliber and limited range and use as toys.
The latest amended airsoft IRR was signed by Chief PNP Gen. Avelino Razon last December 2007 as PNP General Order No. 11, which included the following requirements for airsoft:
1. One time registration fee of P200;
2. Permit to transport with a validity of one year;
3. Bright red or orange tip on the barrel of the airsoft gun;
4. Carrying cases required when transporting the airsoft gun;
5. Prior coordination of game sites with local PNP Chief.
With the foregoing as a backdrop, the UAA respectfully submits the following comments to the following Senate Bills:
Senate Bill No. 2045 – Sen. Manuel Villar
This Bill is already incorporated in the existing airsoft IRR pursuant to PNP general Order No. 11 which already requires a bright orange or red tip permanently affixed to the barrel of airsoft guns. All airsoft gamers have already implemented and are currently following this rule.
Section 5 which imposes a criminal penalty and/or confiscation is unconstitutional as being bill of attainder inasmuch as it deprives the holder of property without due process of law. There is no basis for the confiscation of the property except if it is used as an instrument of a crime. Replica toy firearms being non-lethal and non-injurious have no criminal value.
Moreover, there should be no criminal penalty for violation f the orange tip requirement. Airsoft guns are just toys and most of their users are youths and those below 25 years old, in games. The penalty of imprisonment of six months and/or fine of P50,000 is too harsh for the offense for mostly young people who will be the ones penalized for this offense. Most of us at one time or another, as children, engaged in or played with toy guns. They are part and parcel of having fun as a youth.
It is illogical to claim that airsoft guns have criminal value and are used in crimes since precisely they do not fire real bullets. What are actually used in crimes are overwhelmingly real unlicensed firearms, not toys. Airsoft guns are in fact non-lethal and non-injurious because of their low power and impact of their plastic bb’s. There are, in fact no credible statistics which would show that airsoft guns have been rampantly used in crime, as there are in truth no such incidents.
It would be absurd and illogical for a criminal to use a toy gun for a crime since the police and security guards wield real firearms, not toys. Especially so since airsoft guns, which cost upwards of 12,000 to 25,000 pesos, cost much more that a simple unlicensed firearm or “paltik” which could be purchased for less than 3,000 pesos.
Senate Bill No. 1752- Sen. Miriam Defensor-Santiago
We have the same comments as Senate Bill No. 2045 in that the requirement for replica guns under this particular bill, i.e., the blaze orange tip, is already incorporated in the present airsoft IRR under PNP General Order No. 11.
Senate Bill No. 655 – Sen. Jinggoy Estrada
Same comments as the previous bills in that the blaze orange marking requirement is already incorporated and enforced by existing airsoft IRR.
Same comments as Senate Bill No. 2045 in that the criminal penalty and/or confiscation is unconstitutional as being bill of attainder inasmuch as it deprives the holder of property without due process of law. There is no basis for the confiscation of the property except if it is used as an instrument of a crime. Replica toy firearms being non-lethal and non-injurious have no criminal value.
Moreover, the penalty of imprisonment of six months and/or fine of P100,000 is too harsh for the offense defined and would place youths in unnecessary danger of facing criminal charges.
Conclusion
The UAA would welcome an airsoft law. If there is an opportunity to amend the current firearms law, PD 1866, we recommend that airsoft guns be defined and afforded the same classification as special airguns of limited range and power, and not as true firearms which they are not.
We would also recommend that there should be no criminal penalty for airsoft guns since they are simply toys used by youths in gaming. If ever, the penalty for non-compliance should be limited to confiscation, or a fine.
We would likewise recommend that if there is an existing firearms legislation passed, it should include a provision on the repeal of Letter of Instruction 1264.
SENATE, MANILA
Attention: Senator Gregorio Honasan
Chair, Senate Committee on Public order and Illegal Drugs
Dear Senator Honasan:
As requested, the United Airsoft Alliance (UAA) respectfully submits the following position paper on replica guns as embodied in Senate Bill Nos. 2045 (Sen. Villar), SB No. 1752 (Sen. Defensor-Santiago), and SB No. 655 (Sen. Jinggoy Estrada), for your consideration.
Background
Airsoft guns are not true firearms. The law defines what a firearm is. Specifically, Section 877 of the Revised Administrative Code (dated 16 October 1916), defines “firearm” as follows:
“Firearms or arms as herein used, include rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot shell, or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles except such as being of small caliber and limited range and use as toys. The barrel of any firearm shall be considered a complete firearm.” (Emphasis supplied)
Airsoft guns are replica toy guns which shoot low velocity plastic balls by means of spring air. Clearly, being low powered and of limited range, as used in games, airsoft guns fall within the exception of “toys” as stated above by Section 877 of the Revised Administrative Code. In fact, airsoft players shoot each other in games with no injurious or harmful effects. It is similar to paintball, but without leaving a mark on the target.
The distinction between airguns as “firearms” as opposed to “toys” is likewise stated in Executive Order No. 712 dated 28 July 1981 which vests with the PNP the authority to determine whether or not an air rifle/pistol is considered as a toy and whether or not it is considered as a firearm. Pursuant to said EO 712 the PNP promulgated in 29 January 1992, its Rules and regulations Governing the Manufacture, Sale, Possession, and Carrying of Air Rifles/ Pistols, dated 29 January 1992, which provides a standard “power test” by which airguns could be either classified as firearms or toys:
“5. Testing of air rifles/ pistols
c. the air rifle/pistol shall be fired three (3) times at an ordinary plywood, one-fourth (1/4) inch thick, from a distance of ten (10) feet. If any of the fired pellets penetrated (passed through) the plywood, the air rifle/ pistol shall be classified as firearm; otherwise, the air rifle/pistol shall be classified as toy.” (Underscoring supplied)
Airsoft guns do not pass the foregoing test for the reason that plastic bb’s fired at low velocities are simply not powerful enough to penetrate plywood. As stated, airsoft guns are in fact even designed to shoot fellow players, with no lethal or injurious consequences.
In turn, section 1 of Executive Order No. 712 provides that the PNP shall the power to issue the criteria for determining whether or not a gun shall be considered as a firearm or a toy:
“ Section 1. The chief Philippine Constabulary (now PNP) shall prescribe the criteria for determining whether an air rifle/pistol is to be considered a firearm or a toy within the contemplation of sec.877 of the Revised Administrative Code.”
Now, under the current rules and regulations Governing the manufacture, sale, and possession and carrying of air rifles / pistols dated 29 January 19992, air rifles /pistols above .22 caliber are classified as true firearms:
“4. Classification of air rifles/pistol – Pursuant to Section 877 of the Revised Administrative Code the term “firearms” also included air rifles except such as being of small caliber and limited range used as toys. For this purpose, air rifles/pistol from caliber .22 and up are classified as firearms. Air pistols lower than caliber .22 shall be determine whether or not they fall under the category of firearm.”
The forgoing classification is in conformity with Sec. 877 of the Revised Administrative Code (of 16 October 1916), which defines “firearm” as follows:
“Firearms, or arms as herein used, include rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot, shell or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles except such as being of small caliber and limited range and use as toys. The barrel of any firearm shall be considered a complete firearm.” (Emphasis supplied)
Clearly, airsoft guns fall within the above-mentioned definition of being toys of limited range. By their nature airsoft guns were created in Japan to be toys firing harmless plastic round projectiles, which are commonly denominated as “bbs.” Currently, these bbs range in weight from .12 gram to .43 gram and are made of abs plastic material, shot at 290-300fps or 1 joule energy. Such guns are completely and entirely, non-lethal and non-injurious and can cause no harm whatsoever. In accordance with the absolute prohibition of firearms in Japan, airsoft guns have in fact flourished as a viable alternative to shooting afficionados who are prohibited by their government from owning and possession of any type of firearm, whether percussion or air powered. An entire industry has evolved out of airsoft sports in Japan, including practical shooting and wargamming.
Airsoft guns and shooting sports have in fact spread to practically all countries in the world, including the U.S., Europe, Australia, and all countries where strict laws against possession of firearms prevail, and yet where airsoft gun are legally and proliferently sold and used. Thus, airsoft guns are fact recognized worldwide as a safe and non-lethal alternative to possession and use of true firearms. Currently, inasmuch as true airguns firing lead pellets at velocities over 850 fps are regulated and allowed for registration under the rules and regulations governing airguns of the PNP, then more so should airsoft guns be allowed to be legally possessed since they are much weaker in power. It should be stressed that airsoft guns firing plastic bbs universally qualify under the power test of the PNP rules and regulations on airguns as implemented by the board of classification of airguns whereby when fired 3 times at ordinary plywood, one-fourth (1/4) inch thick, from a distance of 10 feet none of the pellets/bbs penetrate such barrier. In fact, the ultimate proof of the weakness of airsoft guns lies in the fact that in airsoft wargames and simulations, players actually shoot at each other, without injurious effects, provided that proper protective gear is used.
One legal problem, however, with airsoft guns is that there exists a Letter of Instruction No. 1264 dated 31 July 1982, which directs the PNP to confiscate all toy and replica firearms which are replicas of true firearms. Although there is no penal offense for violation of LOI 1264, the sale, distribution, manufacture and display of such replica firearm toys is prohibited.
Thus, there was a legal dilemma in that airsoft guns being replica firearms are not true firearms and could not be subject to licensing of firearms, but nevertheless they were prohibited as toy replicas of genuine firearms.
In order to resolve the “quasi” nature of airsoft guns, Atty. Ernesto A. Tabujara III as president of the United Airsoft Alliance (UAA) and Peaceful Responsible Owners of guns (“PROGUN”) filed a petition on 15 August 2005 with the PNP for formal classification and registration of airsoft guns as toy airguns. This was to legitimize and formalize the status of airsoft guns as toy airguns, which would exempt them from the coverage of LOI 1264.
In response to said petition, on 24 July 2006, PNP Chief Oscar Calderon signed the Amendments to the Implementing Rules and Regulations Governing the Manufacture, Sale, Possession and Carrying of air Rifles/ Pistols. This memo re-classified airsoft guns as “special airguns”, which are lower powered and limited range compared with “regular” airguns which shoot lead pellets.
Further on 13 September 2006, the Chief PNP Oscar Calderon issued PNP Circular No. 8 which laid out the implementing rules and regulations for airsoft guns. As defined in the implementing rules and regulations for airsoft (IRR), airsoft guns are defined as toys:
IV. Definition of Airsoft Rifle/ Pistol:
Airsoft rifle/pistol herein used includes battery operated, spring and gas type powered rifles/ pistol which discharge plastic or rubber pellets only as bullets or ammunition.
Airsoft rifle/pistol as a toy shall refer to those manufacture purposely as replica of a real armament with all its specifications and corresponding intellectual property sign or logo. (Emphasis supplied)
Moreover, the re-classification of airsoft guns as “special type of airgun”, on account of their low velocity/low powered nature, is stated in paragraph V of the IRR which states:
Airsoft rifle/pistol as herein classified as special type of airgun, shall be used in sporting activities such as war game or war game simulation only. All airsoft rifles/pistols shall not exceed 550 feet per second velocity of their plastic or rubber pellets. Otherwise, it shall not be eligible for registration. Furthermore, the weight of the BB ammunition shall not exceed 0.2 grams. (Emphasis supplied)
The classification of airsoft guns as toy airguns (“special type of airgun”) by the PNP expressly excluded these guns from the definition of “firearm” under the law. Moreover, as stated, Section 877 of the Revised Administrative Code (dated 16 October 1916), expressly excludes from the definition of firearms, air rifles such as being of small caliber and limited range and use as toys.
The latest amended airsoft IRR was signed by Chief PNP Gen. Avelino Razon last December 2007 as PNP General Order No. 11, which included the following requirements for airsoft:
1. One time registration fee of P200;
2. Permit to transport with a validity of one year;
3. Bright red or orange tip on the barrel of the airsoft gun;
4. Carrying cases required when transporting the airsoft gun;
5. Prior coordination of game sites with local PNP Chief.
With the foregoing as a backdrop, the UAA respectfully submits the following comments to the following Senate Bills:
Senate Bill No. 2045 – Sen. Manuel Villar
This Bill is already incorporated in the existing airsoft IRR pursuant to PNP general Order No. 11 which already requires a bright orange or red tip permanently affixed to the barrel of airsoft guns. All airsoft gamers have already implemented and are currently following this rule.
Section 5 which imposes a criminal penalty and/or confiscation is unconstitutional as being bill of attainder inasmuch as it deprives the holder of property without due process of law. There is no basis for the confiscation of the property except if it is used as an instrument of a crime. Replica toy firearms being non-lethal and non-injurious have no criminal value.
Moreover, there should be no criminal penalty for violation f the orange tip requirement. Airsoft guns are just toys and most of their users are youths and those below 25 years old, in games. The penalty of imprisonment of six months and/or fine of P50,000 is too harsh for the offense for mostly young people who will be the ones penalized for this offense. Most of us at one time or another, as children, engaged in or played with toy guns. They are part and parcel of having fun as a youth.
It is illogical to claim that airsoft guns have criminal value and are used in crimes since precisely they do not fire real bullets. What are actually used in crimes are overwhelmingly real unlicensed firearms, not toys. Airsoft guns are in fact non-lethal and non-injurious because of their low power and impact of their plastic bb’s. There are, in fact no credible statistics which would show that airsoft guns have been rampantly used in crime, as there are in truth no such incidents.
It would be absurd and illogical for a criminal to use a toy gun for a crime since the police and security guards wield real firearms, not toys. Especially so since airsoft guns, which cost upwards of 12,000 to 25,000 pesos, cost much more that a simple unlicensed firearm or “paltik” which could be purchased for less than 3,000 pesos.
Senate Bill No. 1752- Sen. Miriam Defensor-Santiago
We have the same comments as Senate Bill No. 2045 in that the requirement for replica guns under this particular bill, i.e., the blaze orange tip, is already incorporated in the present airsoft IRR under PNP General Order No. 11.
Senate Bill No. 655 – Sen. Jinggoy Estrada
Same comments as the previous bills in that the blaze orange marking requirement is already incorporated and enforced by existing airsoft IRR.
Same comments as Senate Bill No. 2045 in that the criminal penalty and/or confiscation is unconstitutional as being bill of attainder inasmuch as it deprives the holder of property without due process of law. There is no basis for the confiscation of the property except if it is used as an instrument of a crime. Replica toy firearms being non-lethal and non-injurious have no criminal value.
Moreover, the penalty of imprisonment of six months and/or fine of P100,000 is too harsh for the offense defined and would place youths in unnecessary danger of facing criminal charges.
Conclusion
The UAA would welcome an airsoft law. If there is an opportunity to amend the current firearms law, PD 1866, we recommend that airsoft guns be defined and afforded the same classification as special airguns of limited range and power, and not as true firearms which they are not.
We would also recommend that there should be no criminal penalty for airsoft guns since they are simply toys used by youths in gaming. If ever, the penalty for non-compliance should be limited to confiscation, or a fine.
We would likewise recommend that if there is an existing firearms legislation passed, it should include a provision on the repeal of Letter of Instruction 1264.
