ALERT! Anti-Airsoft House Bill 6658, pass congress

[h2o]

Alert! Anti Airsoft House Bill No. 6658
now approved by Congress Commitee
Source: Fallujah of UAA
August 19, 2009 at 04:19:27 PM

At the Congressional Hearing yesterday before the Committee on Public Order and Safety, we were invited along with all other stakeholders in the firearms industry and business to comment on House Bill No. 6658 introduced by Reps. Pedro P. Romualdo (lone district Camiguin) and Antonio V. Cuenco (Cebu). On our part, we prepared a lengthy position paper commenting on the flawed provisions of HB No. 6658 and were prepared for an oral discussion and questioning. Much to our dismay, none of the invited public or resource persons were allowed to speak or participate, as is the usual procedure in committee hearings before the House. Instead Congressman Chairman Rodolfo W. Antonino (Nueva Ecija) simply allowed a few short (irrelevant) comments from some committee members (who knew nothing about the bill) totalling about 20 minutes, then they moved to, and voted for, approval of the bill over our protestations.

Later that evening, I texted another congressman from that committee as to why it happened that way, he said, "That's a Malacanang-backed bill. The Office of the President made direct contact with the congressmen (not him) to approve that bill". Grrr..!

So now Malacanang, thru its dwarf President who is guilty of ordering and/or approving the extrajudicial killings and abductions of hundreds activists and journalists, is now hypocritically enacting measures that would effectively disarm the general population and deprive us of our right to defend ourselves.

Consider the following provisions of HB 6658:

1. Airsoft guns and all gas, spring operated pistols and rifles are now classified as TRUE FIREARMS, requiring licensing and Permit to carry just like regular firearms!

2. If you are in a group and one of you is caught with a firearm or part thereof (with or without your knowledge) ALL OF YOU will be presumed to be in illegal possession of firearms, and shall be accordingly all charged.

3. Penalties have been hugely INCREASED to Life Imprisonment for illegal possession and/or manufacture of firearms or light weapons, or 6-18 years for ammunition. "Ammunition" is defined, among others, to include BLANK AMMUNITION, and NOXIOUS LIQUID AND GAS??!!

4. "Light weapons" are now defined and prohibited, which includes any weapon capable of holding a DRUM magazine, which would include practically all semi-auto rifles, including rimfire 22's.

5. The crime of illegal possession of firearms shall now be considered as a SEPARATE AND DISTINCT penalty if any other crime is commmitted in the same act. So you could be charged TWICE for the same act and be slapped with TWO PENALTIES.

This bill is now being fast-tracked thru the congress for approval by GMA before Congress ends and her term expires next year. Of course, we in PROGUN and UAA are doing our best to make sure that we block this Bill in the House and the Senate. We, however, cannot do it alone without the support of YOU the thousands of legitimate and responsible gun owners and airsofters who value our freedom and civil rights. We are thus appealing for your help in this noble endeavor of preserving our shooting sports.



REPLY THIS THREAD and Post to Links to Show Your Support!



Click Links Below:

UAA

ACM Games

ACM Airsoft Community

FAS

TIMAWA

Philippines Defense Forces Forum

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by: Fallujah
posted: Today, Aug. 20, 2009
at 12:48:21 AM



Right now what we need is to make as much noise as possible. PLEASE COPY AND PASTE THE ORIGINAL POST IN THIS THREAD ON ALL OTHER FORUMS, FACEBOOK, FRIENDSTER, TWITTER, BLOGS, ETC. IN THE INTERNET AND TELL YOUR FRIENDS ABOUT IT. THE MORE PEOPLE WE HAVE WHO KNOW WHAT THEY'RE DOING IN CONGRESS, THE MORE CHANCES WE HAVE OF FIGHTING THIS BILL.

For now we have the following plan of action:

1. Tomorrow, some of our friends and some people from AFAD will be assisting in the technical working group of the congress to "streamline" the bill. They have been instructed to make gulo and delay as much as possible.

We are also meeting with some pro-airsoft, pro-gun congressmen tomorrow night in a meeting sponsored by PROGUN and the Firearms Manufacturers Association of the Philipines (FAMAP) to discuss this issue and what steps to take next.

2. We have PROGUN people and airsoft people in the senate. Please make known that we oppose this Bill. We will be coming there shortly to campaign against this Bill. Today, Senate President Enrile said in a privilege speech that "the government, instead of passing new laws on firearms, should start first with proper enforcement of its existing laws."

Everyone can help in his/her own way. With the upcoming next year, if we could delay this bill till December, then we stand a good chance that it would not be passed since all the politicians will be busy already campaigning for 2010.

But Right now let' s make as much noise as we can and say:

NO TO HOUSE BILL NO : 6658!!!

[bloods81]

tnx h20 for the info

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COMMENTS TO PROPOSED BILL FOR AMMENDMENT OF PD 1866 AS AMENDED BY RA 8294.

By Atty. Ernesto A. Tabujara III aka Fallujah
PROGUN director
Chairman and Founder, United Airsoft Alliance (UAA)

DEFINITIONS

Firearm – “Any hand held or portable weapon that from which any shot, bullet, or missile, or other deadly projectile may be discharged by means of explosion or percussion or any instrument or implement which can be readily convertible or has been converted to be capable of doing the same.”

Note: This definition does not apply to items such as toy guns, cap guns, bb guns, pellet guns,
and Class C common fireworks.

According to Section 921, U.S. Code, the following are included within the definition
- any weapon which will or is designed to or may readily be converted to expel a projectile by the action of any explosive;
- the frame or receiver of any weapon described above;
- any firearm muffler or firearm silencer;
- any destructive device, which includes:
1. any weapon which will, or which may be readily converted to, expel a projectile by
the action of an explosive or other propellant,

2. any combination or parts either designed or intended for use in converting any
device into any destructive device described in the two immediately preceding examples,
and from which a destructive device may be readily assembled

Light Weapons -

There is no internationally agreed definition of small arms and light weapons. Small arms and light weapons are man-portable weapons made or modified to military specifications for use as lethal instruments of war. Small arms are broadly categorized as those weapons intended for use by individual members of armed or security forces. They include revolvers and self-loading pistols; rifles and carbines; sub-machine guns; assault rifles; and light machine guns. Light weapons are broadly categorized as those weapons intended for use by several members of armed or security forces serving as a crew. They include heavy machine guns; hand-held under-barrel and mounted grenade launchers; portable anti-aircraft guns; portable anti-tank guns; recoilless rifles; portable launchers of anti-tank missile and rocket systems; portable launchers of anti-aircraft missile systems; and mortars of calibers less than 100 mm.

Comments :

The traditional and universally accepted definition of firearms are those weapons that expel or projectiles or missiles through explosion or percussion. This is the UNIVERSAL DEFINITION from the laws of each and every country.

The issue of airguns and airsoft guns, replicas and toy guns (“airguns”) should be separated from that of Firearms, since these are two different objects. The intention of the firearms law (PD 1866, as amended) deals with firearms or those weapons which are classified as deadly weapons or those which can kill or cause serious injury r grave bodily harm. Airguns are not traditionally regarded as firearms since precisely they expel their projectiles, albeit harmlessly, using spring or air at velocities which are harmless to humans.

Airguns are already regulated under Section 8 of PD 1866, as amended, in relation with EO No. 712, from which the Rules and Regulations for the Manufacture, Sale, Possession or airguns dated 29 February 1992 In turn the foregoing Rule, EO 712, in relation with Section 8 of PD 1866, was likewise the basis for the PNP Order No. 12 regulating airsoft guns, dated December 7, 2007. There is thus already LEGAL BASIS under the law for the regulation of airguns, and there is no need to further amend PD 1866 to implement an already existing state of law.

Ammunition - Projectiles, such as bullets and shot, together with their fuses and primers, that can be fired or otherwise propelled or discharged from firearms, including Nuclear, biological, radiological, chemical, or explosive material, such as rockets or grenades, that are used as weapons.

Comments:

1. The term “ammunition” should exclude those items which are defined by PD 1866 as “explosives” since they are already mentioned and treated as a separate item and which already have corresponding penalties for manufacture, possession, and use thereof. (See Sec. 3, PD 1866, as amended)

Penalties

Comments:

1. The penalties excessive and too harsh and not commensurate to the crime sought to be punished. Note that illegal possession of firearms is malum prohibitum; intent is not an element. Hence, the possibility of abuse and planting evidence by the police and military is very much a problem. This is a reality that we have to admit and face head on.

2. Increasing the penalties disproportionately will actually encourage rather than deter the commission of crimes. If the penalty is increased to such extent that it becomes unattractive for criminals to surrender or voluntarily desist for the commission of the crime, when confronted by the police during arrest. The criminals, when faced with a disproportionate penalty, would rather resist or shoot it out rather than surrender.

3. Increasing the penalty will not deter the commission of the crime. This is the Universally and well-accepted principle among jurists, criminologists, and psychologists worldwide, who have studied the effect of penalties as a possible deterrent to crime. We have seen how the death penalty has failed to prevent crimes, consequently it was abolished by congress. In fact the worldwide trend in criminal law among all nations is to lower penalties and instead concentrate on societal or sociological means with which to prevent crime.

Crime prevention begins with good and effective law enforcement. Regardless of the magnitude of the penalties or the number of laws we have, crime will always be prevalent, if we cannot effectively arrest criminals, try, prosecute, and convict them under our criminal justice system.

Constructive Possession Principle

Comments:

1. The principle of constructive possession may be potentially unconstitutional. Illegal possession of firearms under PD 1866 is defined as a malum prohibitum crime. Since it is a special law, intent to commit the crime is not an element, as distinguished from those crimes which are defined under the Revised Penal Code.

The essential element of the crime is unlawful possession. Possession, whether constructive or actual is personal. Any other person who does not possess the firearm, even if present, is not liable. The principle of constructive possession applies only to situations like vehicles, for example, wherein the offender is within reach of the firearm or the firearm is within his immediate control.

Under the proposed bill constructive possession is expanded to include persons who do not actually possess the firearm but are merely present during the commission thereof. This violates the rule on due process and presumption of innocence under the Constitution.

Unlawful manufacture, dealing, acquisition, disposition or possession of machinery, tool, or instruments, used for the manufacturer or firearms light weapons, parts, and ammunition.

Comments:

1. The proposed bill fails to take into consideration that many of the machinery, tools, or instruments used in the manufacture of firearms are likewise used for the lawful manufacture of other instruments, such as lathes, drills, and similar implements. It is suggested therefore that a proviso be added to the definition of the crime by adding the following, to make it clear that such instruments or machineries are truly being used for illegal firearms manufacturing:

“Possession of any machinery, tool, or instrument used in the manufacture of firearms, light weapons, parts, accessories and ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, provided that there are firearms assemblies, parts, ammunition or components, which are likewise present with such machinery, tool, or instruments.”

Without Permit to Carry

Comment: The prescribed penalty for carrying a licensed firearm outside of residence without permit to carry is excessive and unduly harsh. Legitimate gun owners with licensed firearms should not be penalized in such harsh manner precisely since they have taken the time to follow the rules on licensing and registration. Penalty should be maintained as it is in the present law which is Arresto Mayor.

Expanded Definition of Firearms with expired licenses.

Firearms with expired licenses should not be equated with “loose firearms”, which have no license or legitimate origin whatsoever. Rather, the penalty for expired licenses to include those which have not been renewed for a period of six months from the date of expiration thereof, should be LOWER than the penalty for loose firearms, for example Arresto mayor.

This is to distinguish legitimate gun owners from criminals who own spurious and unlicensed firearms. Expired licensed firearms are held by lawful gun owners who went through the process of licensing and registration. They should not be penalized for their compliance with the law in registering and licensing their firearms, even if these licenses have expired.

Illegal Transfer of Firearms

Comment: The draft section does not appear to reflect the true intention of the drafters of provision. It should be revised to read as follows:

“Any person who knowingly sells and transfers possession of a licensed firearm to another, without first having obtained the prior approval of the proper authorities for the sale or transfer, shall have his firearms license cancelled and shall be suspended from acquiring any further firearms license for a period of two years.”

Non-Applicability of the Probation Law.

Comment: This is a redundant and unnecessary provision. The Probation law is clear that it applies only to crimes wherein the penalty prescribed does not exceed six years imprisonment. Hence, if the penalty for any of the crimes specified in the draft bill exceeds six years imprisonment, then automatically, the convict or accused is not entitled to avail of the benefits of the Probation Law.

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By Atty. Ernesto A. Tabujara III aka Fallujah
PROGUN director
Chairman and Founder, United Airsoft Alliance (UAA)


Joint PROGUN-UAA-FAMAP-AFAD
meeting with
Congressman Rufino Biazon of Muntinlupa


Last night we held a joint PROGUN-UAA-FAMAP-AFAD meeting with Congressman Rufino Biazon of Muntinlupa. Also present were Demetrio "Bolo" Tuason and Gina Angangco of Armscor, Angie Topacio of Twin Pines Arms, PROGUN President Atty. JJ Mendoza, Directors Boy Francisco and Clive Villanueva, and Peewee Cruz of UAA (a.k.a. "Badcop"). Cong. Biazon was kind enough to respond on short notice and come all the way from Alabang to meet with us and clarify some points regarding the recent House Bill No. 6658 on amendments to PD 1866 on firearms. Cong. Biazon advised us on what possible steps we could take from here on within the processes of the House to voice our concerns and suggestions regarding the proposed Bill. Cong. Biazon is a long time supporter of responsible gun ownership and is an avid airsoft player (call sign "Jarhead"). He is on his final term as Congressman and although he was gracious enough not to mention it, we give him our full support in whatever future national position he will be seeking whether in the Senate or elsewhere.


... Fallujah shaking hands with Congressman Rufino Biazon of Muntinlupa










More Pics: UAA


What we really need right now is an info and internet campaign. We need to spread the news of what's happening. Also if everyone could EMAIL or WRITE LETTERS to the House Committee of Public Order and Safety Chaired by Congressman Rodolfo W. Antonino (Nueva Ecija) stating that we protest and oppose HB No. 6658 which will kill the shooting sports and airsoft.


HON. RODOLFO W. ANTONINO
CHAIRMAN
COMMITEE ON PUBLIC ORDER AND SAFETY
House of Representatives
3rd Floor R.V. Mitra Building, Batasan Pambansa COmplex
Constitution Hills, Quezon City

Tel/ fax Nos: 932-52-17; 931-4072

or send an email here: www.congress.gov.ph/committees/search.php?congress=14&id=0529

send this message to email:

email Title: Ask About A House Bill

email Body of Message:"We OPPOSE House Bill No. 6658. Yes to civilian gun ownership and airsoft."

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... or maybe we start wearing like this ...




with our call at the sleeve !



.

[Indeo]

this is a very good info for each and everyone of us. Please help support to block the HB. 6658

register at facebook to make a noise....

[h2o]

Fallujah of UAA wrote:
August 26, 2009 at 05:12:35 PM


The problem with being categorized as a firearm is that ALL the OTHER rules on (real steel) firearms will apply to us.


Examples:

1. We would have to get license and Permit to Carry. This is allowed only for SHORT firearms, not long.

2. Firearms license is P6800 for 3 years. PTCFOR is P8,000-10,000 per gun.

3. Under HB 6658 our Toy "assault rifles" would fall under the term "light weapons", as defined. Illegal for civilian ownership or licensing.

4. We would already be subject to illegal possession of firearms as a criminal offense. Possession of 3 or more firearms or 1 light weapon is punishable by life imprisonment - non-bailable offense. How many airsoft rifles do you own?

5. Our airsoft BB's are considered as "ammunition". Possession of more than 1000 rounds is "trafficking of ammunition", punishable ly life imprisonment. You could possess and buy only a certain number of rounds per purchase.


THOSE are some of the reasons why we don't want HB 6658. The people who accept HB 6658 as "OK" are either ignorant or playing politics as usual within the community. That's fine. But as far as we (who know) are concerned, we must fight this bill and make sure that it does not pass. We concern ourselves with what is best for the community and not the political interests of people in FAS.

[Indeo]

they want is to stop airsoft.... that is what this bill is all about...

[h2o]

Salus populi est surpema lex. Ultimately, the law of the people, is the supreme law.

NO TO HOUSE BILL NO. 6776 (formerly HB 6658) and Senate Bill No: 3375!!!

[h2o]

Repost:
Author: Fallujah of UAA


AS OF 9/7/09 OUR ONLINE PETITION AGAINST HB NO. 6776 AND SB 3375 IS RANKED BY PETITIONONLINE.COM AS THE NO. 9 MOST POPULAR ONLINE PETITION ON THE SITE.

YEHAY!! CONGRATULATIONS TO US ALL!!!! WE ARE ON OUR WAY!!!

www.petitiononline.com/top_petitions.html

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