Around the World Gun Rules Vary Wildly (Click link to read article)
As the gun control debate rages on, new opinions pop up
every day. As a Third Culture Kid,
my mind wanders outside of my own borders, instead of looking at it from a
one-dimensional perspective. This
article by AP’s Eric Talmadge talks about gun regulation in Japan, Switzerland and Brazil. Of course there are huge variables in
play: different cultures, different histories, different constitutions. Perhaps by looking at the issue through
global glasses we might be able to find some answers. We aren’t the only ones dealing with this issue.
The Philippines used to be an American
“protectorate” and there are many facets of the Philippine culture that bears
an American trademark. Like its
gun culture. The Philippines hasn’t
been immune from gun violence: In 2010 a disgruntled former policeman took a
busload of tourists hostage in a misguided attempt to get his job back. The outcome was tragic: eight of the
hostages killed, the gunman killed, many more injured.
I invited a classmate from IS Manila, Chris Frondoso, to give
me insight into the present debate in the Philippines about gun violence. It’s important that we broaden our
thought process. I still posit
that it is more than just guns in play here; it’s a complex issue, not black
and white like many try to make it.
Among many other things, like crime and drugs, there is a huge mental
health element that needs to be addressed:
Chris Frondoso |
Ever since the Connecticut incident the pro and anti gun
lobbyists have been arguing in America about whether there is a need for
firearms in civilian hands. There have been numerous warnings that the newly
re-elected Obama administration may be working on plans to ban certain firearms
and limit the capacity of magazines. This has received worldwide attention.
On the other side of the world across the Pacific, in the
former US administered territory which is now the Republic of the Philippines, a
similar debate is now raging. The question of private ownership and the
carrying of firearms, and the system that regulates such, is once again under
scrutiny.
There is no constitutional or statutory grant of the right
to have arms in the Philippines. It is considered a legal privilege, with each
firearm having to be licensed and registered with a process that requires an
applicant to present clearances from different government agencies such as the
police, the prosecutors and the courts. One must also be psychologically fit to
possess and use. To carry a
firearm in a manner similar to the CCW (Concealed Carry Weapon) practice, one
must have a permit to carry. Sports men and target shooters may also acquire
transport permits to carry their arms to hunt or target shoot. All these
permits must be renewed periodically.
Generally as long as you have legal employment and no criminal
record you are deemed fit to hold and possess firearms, provided you comply
with the legal process. The regulation
and enforcement of the firearms laws is handled by the Firearm and Explosive
Office of the Philippine National Police, which is the successor of the
US-established Paramilitary Constabulary. A percentage of police revenue comes from licensing and
registration fees.
On a comparative basis with regards to the implementation
and practice of firearm control, the Philippines is stricter than the State of Texas
but more liberal than New York City, Washington DC, and Chicago, Illinois.
The debate here in the Philippines recently began anew right after
the New Years Eve festivities when a little girl was shot and later died because of a stray
bullet. It is thought that the
bullet was fired by a New Years reveler who shot into the air. There were reports of many other victims
hit by random gunfire. The
authorities investigated the case by checking the ballistics of registered
firearm holders in the vicinity of the girl’s residence. The media reported
that there was no match and law enforcers have said that the gun was illegally
possessed.
The next incident was a shooting rampage in which a man who
was a former district official of a town known as Barangay Kagawaad shot his
friends and neighbors, killing ten people and wounding seven. The shooter and shooting was an incident
waiting to happen. The man, who
was killed by responding police, reportedly also fired his gun during the New Year’s
festivities. He was reported to
the local district but the police did not act on the reports. As per the media, further investigation
into the subject revealed that he only reappeared recently in the town. He had disappeared for a year, since he
was the defendant in a legal case for possessing drugs, had been investigated
for two unsolved killings. He was also
reported as a wife beater. As a
former government official, he was entitled to possess firearms, and in fact in
the police database had three listed in his name with expired licenses/registration. He chose to shoot the victims with an
unregistered 45, locally termed as a “loose firearm,” which could not be traced
to him or anybody else.
Many say there was a failure of the system to see a red
flag. Concerned legal firearm dealers and officials of Pro-gun (which is the
local lobby group for firearm holders) sent representatives to the wakes of
several victims to offer legal and financial assistance. The families of the victims stated that
there were forces at play trying to sweep this under the rug since it may call
attention to the drug trafficking in the area and the corruption that goes with
it.
A strange peculiarity is that during the election period (which
covers the first half of 2013), the Commission on Elections (Comelec) dictates
who can carry firearms. High government officials and their security details
can carry firearms. The police,
military, other law enforcement and accredited government and private security
groups are also allowed to carry. The
average civilian is not allowed to carry even for reasons of self-defense. What
is ironic is that there are numerous reports of crimes and violence and Pro-gun
reports that there have been 300 plus violent incidents with 157 injured and
313 fatalities for January 2013. They say the criminals know many people have
no means of defense when traveling in the street. (Italics are mine … Liz.)
http://progun.ph/content/epic-failure-comelec-gun-ban-2013-shaping-be-bloodiest-philippine-history.
While many think banning the carrying of firearms or even
banning firearms outright is the answer, the Philippines is plagued by many
social ills that give rise to these violent incidents. Add to this the corruption, incompetence
and the limited resources of the police and legal system. What a frightening
scenario this is.
Outside the urban areas, where lawlessness is common, rural
areas are like the Wild West.
Political groups, criminals, ideological rebels … etc., are a strong
presence and will use force to get what they want. In the past civilians have been restricted from carrying
firearms, which had little or no effect on criminals since there was lack of
enforcement and considerable corruption in the legal system.
One problem is that many of those in power, the military and
the police and other security forces, have a long history of abuse. Human rights abuses ranging from
violation of civil rights all the way to killings have been ongoing.
It has been said that the gun is being used as a scapegoat.
In the Philippines what we need is to clean the social system and government.
Instead of ban the gun let us instead work on jailing the criminals.
Chris is a 1989 graduate of the International School in
Manila. He has worked in the media, public relations and legal fields.
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