Wednesday, January 6, 2010

Why Ban Airsoft During Election Period?


Starting 9 February 2010 a total gun ban will be in effect nationwide until 9 June 2010 according to Comelec Resolution 8714 dated 14 December 2009.

Many airsoft enthusiasts ask this question : “Are airsoft guns included in the Comelec gun ban?”.

Section 2 of the said Resolution defines “firearm” as follows:
Firearm shall refer to the “firearm” as defined in existing laws, rules and regulations. The term also includes airgun, airsoft guns, and their replica/imitation in whatever form that can cause an ordinary person to believe that they are real.

Is the Comelec correct in including airsoft guns in the definition of firearm?
Consider the definition of ‘firearm’ in existing laws, rules and regulations.

Section 877 of the Revised Administrative defines “firearm” as follows:

Firearms or arms as herein used, include rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot shell, or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles except such as being of small caliber and limited range and use as toys. The barrel of any firearm shall be considered a complete firearm.

PNP Circular No. 8 (13 September 2006) defines airsoft rifle/pistol as follows:

Airsoft rifle/pistol herein used includes battery operated, spring and gas type powered rifles/ pistol which discharge plastic or rubber pellets only as bullets or ammunition.


Airsoft rifle/pistol as a toy shall refer to those manufacture purposely as replica of a real armament with all its specifications and corresponding intellectual property sign or logo.

It is clear from the foregoing definitions that an airsoft gun is classified as a ‘toy airgun’ by PNP regulations and falls under the exception of an existing statute defining what a firearm is.

Since an airsoft gun is not a firearm (but rather a toy airgun), I submit that the Comelec has erred in expanding the definition of firearm which now includes airsoft guns?

Basic is the rule in administrative law that administrative agencies (such as the Comelec) may exercise only such powers as are expressly granted or delegated to them by law. The authority of the Comelec to regulate the carrying and transporting of “firearms” during election period is an express delegation of power derived from law (i.e., Sec. 32 and 33 of R.A. 7166).

The Comelec is supposed to issue rules and regulations that are consistent with existing laws and must act within the confines of its delegated authority under R.A. 7166.

24 comments:

Anonymous said...

Keep posting stuff like this i really like it

Anonymous said...

Bonjour I'd love to thank you for such a terrific quality forum!
I was sure this is a nice way to make my first post!

Sincerely,
Monte Phil
if you're ever bored check out my site!
[url=http://www.partyopedia.com/articles/basketball-party-supplies.html]basketball Party Supplies[/url].

Charlie said...

might as well ban all kinds of water gun!

Gravewolf said...

The question should be why ban guns in the first place? This gun ban is only meant to protect the politicians from killing each other, so why does the ordinary citizen and gun owner have to comply with this stupid law? It is during these times where crime is most rampant because criminals will never comply with this and will use this opportunity for their own ends, because now their prey is totally defenseless.

Anonymous said...

What a great resource!

Anonymous said...

[url=http://seghan.ru/go.php?sid=35][img]http://s001.radikal.ru/i194/1001/f2/3b8e742581a0.jpg[/img][/url]












[url=http://qzexaua.flackert.de/]buy cigarette boats [/url]
buy used cigarette boats europe buy plastic cigarette holder who to buy cigarettes online
[url=http://tyouhca.xn--geglckt-q2a.de/sitemap.html]buy ukrainian cigarettes [/url]
buy belmont cigarettes online age to buy cigarettes in ny buy cigarettes on internet
[url=http://mlwqdwu.xn--baldmglichst-8ib.de/sitemap.html]buy merit cigarettes online [/url]
buy cigarettes best price electronic cigarette buy buy electronic cigarette in
[url=http://wcsoius.biz.co.nl/]buy foreign cigarettes [/url]
cigarettes ordered on internet illegal mail order cigarette filter buy cigarette holder
[url=http://tyouhca.xn--geglckt-q2a.de/sitemap.html]buy cigarettes overnight delivery [/url]
mail order cigarette coupons is buying cigarettes online legal ohio cigarette age to buy
[url=http://wcsoius.biz.co.nl/]order cigarettes [/url]
mail order cigaretts where to buy electric cigarette machines buy cigarettes overnight
[url=http://vonzura.misslich.de/]where to buy austin cigarettes [/url]
davidoff cigarettes buy online buy cigarette box buy cigarettes on-line
[url=http://uvfaquc.akzentuiert.de/]buy player cigarettes [/url]
is buying cigarettes online legal buy gold coast cigarettes buying cigarettes online legal
[url=http://wcsoius.biz.co.nl/sitemap.html]buy british cigarettes [/url]
buying cigaretts online age to buy cigarettes in canada how to order cheap cigarette online
[url=http://tyouhca.xn--geglckt-q2a.de/sitemap.html]order cigarettes online paypal [/url]
order disount cigarettes cigarettes canadian order from u s buy mexican cigarettes

Anonymous said...

Well your article helped me altogether much in my college assignment. Hats incorrect to you enter, will look forward for the duration of more related articles in a jiffy as its anecdote of my pick subject-matter to read.

Anonymous said...

Sorry for my bad english. Thank you so much for your good post. Your post helped me in my college assignment, If you can provide me more details please email me.

Anonymous said...

I read about it some days ago in another blog and the main things that you mention here are very similar

Anonymous said...

I like the valuable information you supply in your articles.
I will bookmark your weblog and take a look at once more here
frequently. I'm reasonably certain I will be informed plenty of new stuff proper here! Good luck for the following!
My page :: free iphone

Anonymous said...

I for all time emailed this blog post page to all my associates,
because if like to read it then my contacts will too.
Also see my webpage > http://www.yourtobaccosstore.com

Anonymous said...

May I simply say what a relief to uncover somebody who genuinely understands what
they are discussing on the web. You certainly know how to bring a
problem to light and make it important. A lot more people must read this and understand this side
of the story. I was surprised you are not more popular given that you
certainly have the gift.
My weblog : borkum riff

Anonymous said...

May I simply say what a relief to uncover somebody who genuinely understands what they are discussing on the web.
You certainly know how to bring a problem to light and make it important.
A lot more people must read this and understand this side of the story.
I was surprised you are not more popular given that you certainly have the gift.
Also see my page > borkum riff

Anonymous said...

I every time spent my half an hour to read this website's content every day along with a cup of coffee.
Feel free to visit my weblog skin bleaching

Anonymous said...

Hi there! Would you mind if I share your blog with my facebook group?
There's a lot of folks that I think would really enjoy your content. Please let me know. Cheers
My web site : diablo 3 gold farming

Anonymous said...

I like what you guys are up too. This kind of clever work and reporting!
Keep up the terrific works guys I've added you guys to my blogroll.
Here is my webpage http://froxh.com/profile/lessvdptho

Anonymous said...

look at this hipster web-site
http://www.myoptionscommunity.com/node/216230/
http://www.refugiosoldenoche.com.ar/?q=node/314083/
http://www.parameter-inv.co.il/node/92301

Anonymous said...

your web sites is available crazybooth
http://saveapolarbear.mysocal.com/?q=node/21017/
http://www.buchmatrix.de/content/crucial-information-inside-comparatif-mutuelle
http://facekuban.ru/index.php?do=/blog/6282/simplifying-simple-comparatif-mutuelle-remedies/

Anonymous said...

Be her knight Each Saturday more or less Dating in the approaching Xbox 360 Title of respect by Victimisation a Wedding DJ as a metaphor.


Feel free to surf to my homepage; how to get a girl to love you

Anonymous said...

fantastic article brand names
http://go.org.nz/index.php?title=User:RashadAQK
http://evjbs.taurus.uberspace.de/wiki/index.php?title=Benutzer:CandaceCc
http://newmexicolinkzone.com/out.php?title=paraphamacie
http://www.lambsbook.us/pg/forum/topic/333788/significant-weather-when-considering-party-rentals/
http://www.celebsandrats.com/read_blog/256523/viewing-no-fuss-référencement-naturel-designs

Anonymous said...

For most recent information you have to pay a quick visit world wide web and on the web I found this web site as a best site for hottest updates.


Also visit my blog :: weightloss camp

Anonymous said...

What's Happening i am new to this, I stumbled upon this I have found It absolutely helpful and it has helped me out loads. I hope to contribute & help different customers like its aided me. Great job.

My web-site ... cheap dental implants

Anonymous said...

Fabulous, what a webpage it is! This web site presents
valuable facts to us, keep it up.

Feel free to visit my web-site :: www.1000mm.us

Anonymous said...

electronic cigarette, e cigarettes, e cig reviews, e cigarette, e cigarette forum, ecig forum