Source : FAS
An Analysis of Airsoft Legalization ---Part 2 by JarheadBefore anything else, I would like to congratulate Sir Fallujah for accomplishing a daunting task which demanded perseverance and determination on his part and patience for all airsofters. Indeed, there were times when his venture was tested by members of the airsoft community but in the end, his efforts paid off.
Airsoft enthusiasts owe him a pat on the back and a word of appreciation and congratulations for achieving something that everyone will benefit from. At least now, airsofters will be spared from the possibility of being charged with illegal possession of firearms since airsoft guns are now classified as airguns and not as true firearms.
As posted by Sir Fallujah, the amendment of the PNP Rules and Regulations states:
"The IRR governing manufacture, sale, possession and carrying of air rifles/ pistols dated January 29, 1992, are hereby amended effective 21 July 2006 as indicated hereunder:
Additional paragarphs under Section 5 shall be added and shall read as follows:
a. x x x x
b. x x x x
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 penetrate (passed through) the plywood, the air rifle/ pistol shall be classified as a firearm, otherwise, the air rfile/psitol shall be classified as a toy.
d. x x x x
e. x x x x
f. x x x x
g. Airsoft rifles/ pistols shall be classified as airguns whether its design is similar as that of a real gun or not. All rules and regulations pertaining to airguns shall apply to airsoft guns except paragraph c above.
Considering further that a clerical error was noted in said IRR wherein section 7 was ommitted, additional section shall be added and shall read as follows:
1. x x x
2. x x x
3. x x x
4. x x x
5. x x x
6. x x x
7. Administrative Sanctions- Any violation of the above provisions shall mean cancellation of the Certificate of Registration issued by FED and confiscation of the item(s) whether airgun, airsoft, or toygun, without prejudice to the filing of civil/criminal charges as evidence warrants."
(Signed)
OSCAR C. CALDERON
Police Director General
Chief, PNP.
The addition of Paragraph “g” specifically states that airsoft guns are airguns and therefore, rules and regulations applied to airguns shall likewise apply to airsoft guns. It also exempts airsoft guns from the airgun “plywood test”. I can only speculate that this is due to the fact that it may be pointless to do the plywood test since airsoft guns have low velocity (unless you upgrade your AEGs to super-FPS levels).
This amendment to the PNP Rules and Regulations effectively excludes airsoft guns from the Paragraph 4 of the PNP Rule dated 29 Jan 1992 which states that:
“4. Classification of Air Rifles/Pistols
Pursuant to Section 877 of the Revised Administrative Code, the term "firearms" also includes air rifles except such as being of small caliber and limited range are used as toys. For this purpose, air rifles/ pistols from caliber .22 and up are classified as firearms. Air rifles/pistols lower than caliber .22 shall be tested to determine whether or not they fall under the category of firearm.”
Since airsoft is more than cal. 22, under this Rule previous to the amendment achieved by Sir Fallujah’s proposal, airsoft was classified as true firearms. But that is already in the past. As already announced, the PNP has amended the Rules and now specifically classifies airsoft as airguns.
As I said earlier, Sir Fallujah deserves our accolade and appreciation.
Now for the post mortem analysis….I realize that what I write will receive different reactions. Please bear in mind that this is an objective analysis of the legalization issue, which everyone, myself and many of my friends included, would like to see happen. I for one have been appreciating any and all efforts done by anyone and everyone, since in the end, whichever approach succeeds, everyone including myself, will benefit from it.
But all of those efforts are subject to scrutiny and review by anyone, since we are all stakeholders here…whether you are an ordinary player, a gun-runner, a collector or a plain miron.
While everybody rejoices in this latest development, I’m sure everyone is also asking the questions, “Can I now carry my AEG without a bag?”. Or “Can I now import and sell AEGs?”
In order to answer that, we must first answer the question, “Does the amendment to the PNP Rules and Reguations repeal, revoke or amend Letter of Instruction 1264?”
We must remember that that LOI 1264, which has been argued as not being a law, is still in effect. The PNP cannot repeal, revoke or amend that Presidential issuance.
In fact, in the PNP’s Rules and Regulations dated 20 April 1993, the following is stated:
“4. References:
a. Presidential Letter of Instruction No. 1264 dated 31 July 1982 (Gun Replicas)
b. Presidential Letter of Instruction No. 1280 dated 1 December 1982 (Telescopic Sights)
c. WA Opinion Nos. 440 CY '79, 84 CY '84 and 759 CY '82 (Tear Gas Devices)
d. CJA Opinion No. 116 '87 (Shock Batons)
e. HPC Circular No. 1 dated 27 April 1981 (Bulletproof Vests/ Vestments)
f. Executive Order No. 712 28 July 1981 (Air Rifles/Pistols)
5. For the guidance of all concerned, the following procedures shall be followed in the disposition of the articles indicated hereunder arriving from abroad or received at the post of entry:
TOY GUNS
a. If the toy guns are exactly the same as the sample previously submitted to FED for inspection and is covered by certification issued by C, FED that the articles are not gun replicas, or if the shipment is covered by authorization to import issued by C, PNP, the toy guns shall be released direct to the importer after inspection by the Chief, FED NALECC Liaison Off ice located at either NAIA, the Bureau of Customs, or the Postal Services Office.
b. If the toy guns are not covered by either a certification or authorization to import mentioned above, a sample of each article shall be submitted to FED for inspection. If found to be not gun replica, the corresponding certification shall be issued by C, FED for presentation to the Bureau of Customs to serve as basis for the release of the articles to the importer.
c. On the other hand, if the sample are found to be gun replicas, all the toy guns shall be turned over to FED for safekeeping/ proper disposition since gun replicas are prohibited articles in the country pursuant to LOI 1264 dated 31 July 1982.”
As posted in the UAA board, the PNP only amended the Rules and Regulations dated 29 January 1992. Therefore, the Rules and Regulations dated 20 April 1993 remains as it is, and it prescribes that replica guns, which our airsoft guns are, “shall be turned over to FED for safekeeping/ proper disposition since gun replicas are prohibited articles in the country pursuant to LOI 1264”.
That rule is not in conflict with the adopted amendment to the 29 January 1992 PNP R&R, which now classifies airsoft guns as airguns. While a person in possession of an airsoft gun will not be charged with illegal possession of firearms anymore, his AEG may be confiscated as prescribed in LOI 1264, which the PNP obviously considers to be in force and in effect.
In addition to the PNP, other agencies of government recognize the authority of LOI 1264, such as the Department of Trade and Industry which recognizes the ban on replica guns per LOI 1264 (
www.business.gov.ph/Trade_Basics_RegImports.php?contentID=7 ), the Department of Science and Technology (
steel.mirdc.dost.gov.ph/meirr2.php?id=21&part=3 ), and Philippine embassies around the world (for example, the RP embassy in Australia -
www.philembassy.au.com/faq-customs.htm ). The ASEAN website also lists the prohibition of replica guns in the Philippines (
www.aseansec.org/14298.htm ) as well as the U.S. & Foreign Commercial Service and U.S. State Department (
66.102.7.104/search?q=cache:FIHYWnHo-s8J:www.buyusainfo.net/docs/x_6355390.pdf+Letter+of+Instruction+1264&hl=tl&gl=ph&ct=clnk&cd=4 ). Federal Express also takes cognizance of LOI 1264 in advising their clients about prohibited imports in the Philippines (
www.fedex.com/us/international/irc/profiles/irc_ph_profile.html?gtmcc=us ).
Therefore, in answer to the questions if a person can carry his AEG outside his residence in plain view or, in other words, display it; and if anyone can import and sell airsoft guns, the answer is apparently in the negative.
With all due respect to Sir Fallujah, whom I vigorously commend for his efforts in the airsoft legalization drive, I say “apparently in the negative” because the amendments as announced do not have the effect of repealing, revoking or amending LOI 1264, which is recognized by many entities and by the Government of the Republic of the Philippines as in force and in effect.
The amendment only guarantees airsofters that they will not be charged with illegal possession of firearms under PD 1866, as amended (which is no different from you carrying a genuine AK-47, so you might as well possess one) since airsoft guns are now classified as airguns.
I do not see how the said amendment can change the spirit and intent of LOI 1264 and therefore the policy of the Department of Finance/Bureau of Customs and the Department of Trade and Industry with regard to the prohibition on the importation of replica guns. If they recognize the validity of the prohibition on the importation of replica guns per LOI 1264, then it is only logical that the prohibition on the distribution, manufacture, sale and display of replica guns are also valid, as prescribed in LOI 1264.
OF course, it may be said that since the current PNP leadership is sympathetic to the airsoft community, confiscations may not actually happen. But what about the other government agencies such as the BOC and DTI? What if they invoke LOI 1264 and pressure the PNP to perform its mandate under the said presidential issuance? What if there is a change in the PNP leadership? There are so many other variables that may affect the airsoft community.
Ultimately, the answer to the unhampered and legal growth of airsoft lies in the repeal, revocation, amendment or nullification of LOI 1264.
The repeal, revocation or amendment of LOI 1264 is up to Congress and the President. But as said time and again, that approach is almost impossible. I say almost because it is still possible, although it will have to pass through the eye of a needle.
The other option, nullification, has a better chance than legislation since it is founded on sound legal principles and it has basis. This option was pursued by some airsofters from Cebu who filed a petition for declaratory relief from LOI 1264, on the grounds that LOI 1264 is unconstitutional in that it denies a person his right to due process, among others.
Section 1 of Article III of the 1987 Constitution states that “no person shall be deprived of life, liberty and property without due process of law, nor shall any person be deprived of equal protection of the laws”.
Remember that LOI 1264 orders the PNP to confiscate replica firearms without the owner being charged of anything. The government simply takes away your airsoft gun, which is your property, without subjecting you to due process. Of course, the LOI was in issued during Martial Law that’s why Marcos did not feel the need to provide due process.
What gives this approach strong credence is the fact that there has been jurisprudence (a decision by the SC) on a case with similar circumstances (there is a thread somewhere in the boards that explain this).
Since government recognizes up to now the said LOI, there must be a declaration of nullity by the courts. Everyone is encouraged to read the threads posted by our friends from Cebu (pardon me, sirs, I wasn’t able to get your names for recognition), since their approach is also worthy to be considered.
In summary, Sir Fallujah’s efforts is a giant leap towards airsoft legalization. He has hurdled many obstacles for the whole airsoft community and for that we must be grateful. But there is still work to be done, and only a united airsoft community will bring about the objective we all desire.
