Post by LodeStar on Jul 27, 2006 15:56:33 GMT 8
I am one of those who are happy and thankful for the achievement of amending the PNP Rules and Regulations on airguns in order to accommodate airsoft guns. As I have said in the other threads, I respect and acclaim Sir Fallujah for his tireless efforts and enjoin the entire airsoft community in expressing appreciation for what he has done.
But I also feel it an obligation on my part to clarify misconceptions by the general public on matters of government that affect their welfare. (for the information of those who do not knnow, I work in government)
Nothwithstanding the approval of the amendment to the PNP Rules and Regulations on Airguns, AIRSOFT ARE STILL BANNED IN THE PHILIPPINES BY VIRTUE OF LOI 1264 WHICH PROHIBITS THE IMPORTATION, DISTRIBUTION, MANUFACTURE, SALE AND DISPLAY OF REPLICA GUNS. But if your airsoft gun is not a replica (copy of a genuine firearm), you are not covered by this LOI.
It is inaccurate to say that airsoft is now legal in the Philippines.
The amendment done by the PNP only pertains to the classification of airsoft guns. Previously, the PNP Rules and Regulations classified airguns caliber .22 and above as true firearms. SInce airsoft guns are above cal .22, they may be classified as true firearms, therefore if you are caught in possession of it without the required permit for true firearms, then you can be charged with illegal possession of firearms under P.D. 1866 as amended by R.A. 8294. It is a fate worse than violating LOI 1264 which only prescribes confiscation of your replica gun.
But with the amendment achieved through the efforts of sir fallujah, airsoft guns are not included in the "airgun as true firearm" category but is now specifically classified as airguns, which have a less stringent permit requirements than true firearms.
It is no mean feat and it really deserves our gratitude. Because of this achievement, no airsofter in the entire country can live in fear of being arrested, charged and jailed for illegal possession of firearms.
However, under the airsoft community must be reminded that LOI 1264 is still in force and in effect. The Bureau of Customs will still confiscate incoming shipments of airsoft guns. The Department of trade and Industry still recognizes the prohibition on the sale and manufacture of replica guns. And the PNP is still mandated to confiscate replica guns on display or in violation of LOI 1264.
Even their own RUles and Regulations state such a mandate (I pointed that out in my "An Analysis to Airsoft Legalization ---Part 2" thread in this and other boards).
The reclassification of airsoft guns is based on the power of airsoft guns. The PNP acknowledges that due to the low velocity of airsoft guns, it is illogical to consider it a true firearm just because of the size of the pellet. Perhaps that is the reason why they even exempted airsoft guns from the plywood test.
But the prohibition on replica guns is based not on the power of the gun but on its appearance. In fact, the LOI covers even those guns which do not fire projectiles but are exact copies of real steel guns in color, size, shape and parts.
The PNP may classify airsoft as airguns but as far as LOI 1264 is concerned, they are prohibited airguns due to their appearance. The PNP did not and cannot repeal, revoke or amend LOI 1264.
I don't intend to rain on anyone's parade but I just feel that it would be a disservice to my fellow airsofters if I let this matter pass without comment. I am one with everyone here with regard to the desire to legalize airsoft. My dream is to play unhampered by government laws, rules and regulations and will support any and all efforts to achieve that.
But in the pursuit of this goal, we must dot all the I's and cross the T's.
But I also feel it an obligation on my part to clarify misconceptions by the general public on matters of government that affect their welfare. (for the information of those who do not knnow, I work in government)
Nothwithstanding the approval of the amendment to the PNP Rules and Regulations on Airguns, AIRSOFT ARE STILL BANNED IN THE PHILIPPINES BY VIRTUE OF LOI 1264 WHICH PROHIBITS THE IMPORTATION, DISTRIBUTION, MANUFACTURE, SALE AND DISPLAY OF REPLICA GUNS. But if your airsoft gun is not a replica (copy of a genuine firearm), you are not covered by this LOI.
It is inaccurate to say that airsoft is now legal in the Philippines.
The amendment done by the PNP only pertains to the classification of airsoft guns. Previously, the PNP Rules and Regulations classified airguns caliber .22 and above as true firearms. SInce airsoft guns are above cal .22, they may be classified as true firearms, therefore if you are caught in possession of it without the required permit for true firearms, then you can be charged with illegal possession of firearms under P.D. 1866 as amended by R.A. 8294. It is a fate worse than violating LOI 1264 which only prescribes confiscation of your replica gun.
But with the amendment achieved through the efforts of sir fallujah, airsoft guns are not included in the "airgun as true firearm" category but is now specifically classified as airguns, which have a less stringent permit requirements than true firearms.
It is no mean feat and it really deserves our gratitude. Because of this achievement, no airsofter in the entire country can live in fear of being arrested, charged and jailed for illegal possession of firearms.
However, under the airsoft community must be reminded that LOI 1264 is still in force and in effect. The Bureau of Customs will still confiscate incoming shipments of airsoft guns. The Department of trade and Industry still recognizes the prohibition on the sale and manufacture of replica guns. And the PNP is still mandated to confiscate replica guns on display or in violation of LOI 1264.
Even their own RUles and Regulations state such a mandate (I pointed that out in my "An Analysis to Airsoft Legalization ---Part 2" thread in this and other boards).
The reclassification of airsoft guns is based on the power of airsoft guns. The PNP acknowledges that due to the low velocity of airsoft guns, it is illogical to consider it a true firearm just because of the size of the pellet. Perhaps that is the reason why they even exempted airsoft guns from the plywood test.
But the prohibition on replica guns is based not on the power of the gun but on its appearance. In fact, the LOI covers even those guns which do not fire projectiles but are exact copies of real steel guns in color, size, shape and parts.
The PNP may classify airsoft as airguns but as far as LOI 1264 is concerned, they are prohibited airguns due to their appearance. The PNP did not and cannot repeal, revoke or amend LOI 1264.
I don't intend to rain on anyone's parade but I just feel that it would be a disservice to my fellow airsofters if I let this matter pass without comment. I am one with everyone here with regard to the desire to legalize airsoft. My dream is to play unhampered by government laws, rules and regulations and will support any and all efforts to achieve that.
But in the pursuit of this goal, we must dot all the I's and cross the T's.
