18/01/2019
The Philippines is now under a nationwide gun ban. Curious as to how that affects airsoft? read bellow what Prosec Noel Antay Jr., an avid airsofter, a gun enthusiast and a good friend of the channel has to say about this.
" Good day gents. I was asked by some admins to clarify and help put an end an issue which has persistently been raised over several airsoft FB pages. It is the twin issues of whether or not airsoft is covered by Republic Act No. 10591 (the current fi****ms law) and the COMELEC election gun ban.
Before I start, my competency lay in the fact that I am a serving State Prosecutor (Fiscal / Tagausig) of the Department of Justice and a member of the department's Task Force on Organized Crime. So rest assured that I know what I am talking about.
First off, I agree that Republic Act No. 10591 is SILENT or VAGUE on whether airsoft is covered by the law. However, the PNP insists that it is still covered, and as a consequence requires registration of airsoft guns. The issue is still UNRESOLVED.
I recently read a post on this forum purporting to be the legal statements of a member of the PNP Legal Division (to which I have many friends and batchmates) in which the officer allegedly said that airsoft is not included under R.A. 10591 (contrary to the PNP's official stand on the issue).
With all due respect, it is ONLY THE SUPREME COURT that has the authority to rule on whether or not airsoft is covered by the current fi****ms law. And IN THE ABSENCE OF ANY SC RULING, every statement on the issue is a MERE LEGAL OPINION.
Until the Courts rule on the issue of airsoft's inclusion or exclusion, it will be wise to follow the PNP's rules.
As for the many alleged court rulings and legislative enactments that have been repeatedly posted on line, claiming that airsoft is now excluded by the law, let me be clear, THEY ARE ALL FAKE concocted by over-eager airsofters who plagiarized and corrupted the original work of my esteemed friend, Atty. Ernesto Tabujara III of Progun Philippines, twisting his sound legal opinion to suit their selfish agendas.
Recently, I personally witnessed a young man brought for Inquest for having violated the COMELEC election gun ban. The young man was apprehended at a checkpoint after police saw a firearm (w/c later turned out to be an airsoft pistol) on the front passenger's seat. When apprised of his rights, the offender argued that he had read that airsoft is no longer covered by both the current gun law and election gun ban. Now, I cannot go into details since this is an ongoing case, but it highlights the dangers of relying on fake decisions and laws.
As for the COMELEC election gun ban, the Commission is clear regarding its inclusion. Violating the rule will not only result in confiscation of your beloved replica guns, but may result in prosecution for violation of election rules and regulations.
HINDI RIN PO BIRO ANG PAGPOST NG MGA PEKENG DESISYON O BATAS. PWEDE PO KAYONG MAKASUHAN UNDER SECTION 6 OF REPUBLIC ACT NO. 10175 (CYBERCRIME PREVENTION ACT).
MARAMI NA PO ANG NAPAPAHAMAK. HUWAG NA PO NATIN IPAGPILITAN ANG GUSTO NATIN."
