Every election period, the Commission on Election (COMELEC) orders a gun ban in the country. For this midterm elections, the order will be in effect for the entire election period from January 12 to June 11, 2025. The underlying problem is how to effectively implement the order.
The “Gunless Society,” an association of personalities who hate guns, is not entirely opposed to the total gun ban rule. But they are against the issuance of “permit to carry” documents. The members say guns should be left inside the residence, in offices, and business establishments.
They even suggested before that an initial step is for the government to stop issuing private licenses so that gun stores will practically become paralyzed, close shop, and the guns for sale would be inventoried, properly receipted, and temporarily kept in government-accredited depositories for safekeeping.
The expected result is for both licensed and unlicensed firearms to stay where they are. The suggestion may be ideal if government keepers secure the storage houses tightly to prevent the guns from being recycled in the streets.
I was in high school in 1972 when then-President Marcos, as Commander-in-Chief of the AFP and the Philippine Constabulary, declared Martial Law. Days after the declaration, Marcos issued a stern warning for known owners of licensed and unlicensed guns to turn over their pieces to the nearest police detachment for safekeeping.
Otherwise, gun owners who did not surrender their firearms could face the consequences of an unceremonial house-to-house search. For fear of being raided and getting hurt or killed in the process, many law-abiding gun owners, including my uncle, surrendered their firearms to Camp Holmes, now Camp Dangwa.
When Martial Law was lifted in 1981, the owners were not able to get back their guns because these were no longer there. Who else would get the guns other than the policemen who were tasked to keep them? Yes, the guns that were surrendered and confiscated during Martial Law for “safekeeping” are today’s loose firearms.
Eventually and literally, the guns went back to the streets. They were either confiscated or surrendered, but “got lost” during safekeeping. The guns could have been sold to whoever needed them. Most probably, the guns ended up in the armory of politician warlords.
When the Magdalo group of government soldiers staged a coup in 2005, they complained about corrupt AFP generals who had been selling government guns and ammo to their enemies in war-torn Mindanao.
As proof to that Magdalo grievance, it was discovered in the investigations following the Maguindanao massacre that the firearms that were hurriedly buried in the estate of the Ampatuans bore serial numbers belonging to guns issued for the AFP.
Under a total gun ban atmosphere, only law enforcement personnel in uniform and on duty would be allowed to carry government-issued firearms, although I have seen some PNP and AFP men who had in their possession extra unlicensed guns, aside from their officially issued firearms.
Hence, even in a gun ban atmosphere, there is fear that the number of loose firearms would increase. Loose firearms have yet to be accounted for before the implementation of the election gun ban, which starts tomorrow. The number includes smuggled and unregistered firearms, and guns with licenses that were not renewed.
Just recently, the Philippine National Police reported that from January to November 2024, around 8,628 individuals were arrested for violating Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act. At the same time, some 25,240 firearms were either confiscated, recovered, or surrendered.
The COMELEC order reminds the public of the severe penalties for violating the gun ban, which include imprisonment of one to six years, disqualification from public office, and loss of voting rights. Foreign nationals caught violating the gun ban order face deportation after serving their prison terms.
Only high-ranking officials, such as the president, vice president, and chief justice are exempt from the ban. All others must secure a certificate of authority from the COMELEC if they require firearms for valid reasons, like business or personal security.
Before, during and even after the election period, the PNP and AFP conduct random checks of motor vehicles nationwide for guns and other weapons. Still, a number of deaths are reported, signifying the need for extra effort in curbing gun violence.
But equally vital to confiscating loose firearms is punishing those who use guns in committing crimes not only during the election period. This occurs in places where politicians in power use private armies or hitmen to kill their political enemies.
With that, the failure to catch and punish the violators of the election gun ban order propagates a mentality that political rivals could successfully be eliminated by killing them. Stronger power is necessary to make the COMELEC gun ban order work.