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Post by Kageyama on Nov 6, 2006 8:49:38 GMT 8
According to an article I just read in the Philippine STAR, airsoft now is officially legal.
I guess this is old news to some, but seeing it in the paper makes me very confident in less harrassment. Unless the police keep flashing that dang LOI, that should be obsolete at this point.
But hey we can probably see more shops and see older shops look more dressed up and open, assuming they obtain the permit to sell. And now we officially can get a permit to imort and transport[not in article other source] hehe. Exotic guns here I come!
Hope Prices drop.
SO guys reaction, flames, whatever drop a line.
Kageyama,
Sorry I edited the subject title of your thread to accomodate other related posts.
Gands
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Post by francis on Nov 6, 2006 8:54:25 GMT 8
Miko, please, post the article or at least the issue and page number of the arcticle for the guys to see. we will post it as an official thread! thanks! hooyahhh!
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Post by Kageyama on Nov 6, 2006 9:10:41 GMT 8
Issue of Monday, November 6, 2006
Page 19
Airsoft "war game" now legal by Ann Corvera
Looks like they interview our friends Apocalypse, I love these guys, for reasons besides there participation in the legalization.
Article basically looks at how legalizatoin started, history of the sport and some things about membership and ACMs.
Not much about the legal process.
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Post by gands on Nov 8, 2006 13:00:04 GMT 8
Proper word maybe is that it is regulated per PNP Circular No. 8 otherwise known as Rules and Regulations Governing the Manufacture, Importation, Exportation (sic), Sale, Possession, Carrying of Airsoft Rifles/ Pistols and Operation of Airsoft Gun Clubs and Playgrounds .
This was signed by PNP Director General Oscar Calderon on July 21 2006.
Full text of this law is hereto reproduced as follows:
PNP CIRCULAR N0. 8
Rules and Regulations Governing the Manufacture, Importation, Exportation (sic), Sale, Possession, Carrying of Airsoft Rifles/ Pistols and Operation of Airsoft Gun Clubs and Playgrounds
I. REFERENCES
a. Amended Rules and Regulations Governing the Manufacture, Sale, Possession and Carrying of Air Rifle/ Pistol dated July 21, 2006
b. Implementing Rules and Regulations governing the Manufacture, Sale, Possession and Carrying of Air Rifles/ Pistols dated january 29, 1992
c. Executive Order 256 Entitled "Schedule of fees" dated December 21, 1995
d. Standard Operating Procedure Number 13 Entitled "Licensing of Firearms" dated March 16, 1999
e. Memorandum Circular Number 99-09 entitled "Manufacture and Repair of Firearms" dated March 16, 1999
f. Memorandum Circular Number 07 Entitled "Recognition/ Operation of Gun Clubs" dated June 15, 2005
II. PURPOSE
This Circular prescribes the rules and regulations governing the manufacture, deal in (sic), importation, exportation (sic), sale, possession and carriage (sic) of airsoft rifles/ pistols and operation of airsoft gun clubs and playgrounds.
III. SCOPE
This circular shall apply to all natural and juridical persons who intend to manufacture and deal in the importation, exportation (sic) and sale of AIRSOFT rifle/ pistol which has been classified as a special type of airgun; and those who desire to possess or carry the same. This circular also sets the provision for the operation of airsoft gun club and playground.
IV. DEFINITION OF AIRSOFT RIFLE/PISTOL
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 manufactured purposely as replica of a real armament with all its specifications and corresponding intellectual property sign or logo.
V. RESTRICTION
Airsoft rifle/ pistol as herein classified as special type of air gun, shall be used in sporting activities as war game simulation only. All airsoft rifles/ pistols shall not exceeed 550 feet per second velocity of their plastic or rubber pellets. Otherwise it shall not be eligible for registration. Furthermore, the weight of the BB ammunition shall not exceeed 0.2 grams.
VI. MANUFACTURE AND SALE
All natural and juridical persons intending to manufacture or sell airsoft rifle/ pistol shall apply for license to manufacture or license to deal airsoft rifle/ pistol under the existing rules and regulations of the Philippine National Police thru Firearms and Explosives Division of the Civil Security Group as provided for under the provision of Revised Memorandum Circular Number 99-009. Corresponding permit for Authority to Display Airsoft Rifle/Pistol shall also be secured at FED-CSG.
VII. MARKINGS
All airsoft rifle/ pistol shall be stamped with a serial number prior to their one time registration by the Philippine National Police. To distinguish it from a real gun, the airsoft rifle shall be painted with ORANGE color, at least two (2) inches from the tip of the barrel or at its flash suppressor for an airsoft rifle or at least one inch from the tip of the barrel for an airsoft pistol.
Importers of airsoft rifle/ pistol are advised to coordinate with their foreign suppliers that every airsoft rifle/ pistol exported to the Republic of the Philippines shall be assigned with a serial number as a requirement for registration.
VIII. REGISTRATION
Any person who desires to possess airsoft rifle/ pistol shall file his application in accordance with PNP SOP Number 13 entitled "Licensing of Firearms." The one time registration rule for air rifle/ pistol shall be applied to airsoft rifle/pistol. In case of transfer of ownership to a qualified citizen, the required procedure in the transfer of regular air gun shall also be applied. A licensed airsoft rifle/ pistol holder shall not transfer physical possession of his registered airsoft rifle/ pistol until the application for license to possess airsoft rifle/ pistol is approved by FED-CSG.
IX. TRANSPORT OF AIRSOFT RIFLE/ PISTOL
Lawful holders of airsoft rifle/ pistol are only allowed to carry or use the item in an officially designated playground as classified by the local government unit in the area or locality and duly issued with a License to Operate Shooting Range or Playground by the FED-CSG. While in transit, all airsoft rifle/pistols shall be placed in secured airsoft rifle/pistol cases. Corresponding Permit to Transport airsoft rifle/pistol form the place of residence to the designated playground or airsoft rifle/pistol firing range shall be applied at FED CSG for all applicants within Metro Manila Area Applicants in the provinces shall secure their corresponding Permit to Transport at their respective Provincial Police Office, City Police Office or at FESAGS Office as the case may be. In no case shall the airsoft rifle/ pistol shall (sic) be carried outside the designated playground or shooting range only (sic) with out its secured bag or case. It is a must that the airsoft rifle/pistol shall be used for sporting activities in designated and authorized places only.
X. IMPORTATION/ EXPORTATION (sic)
Any person or dealer intending to import/export airsoft rifle/pistol shall secure the corresponding import/export permit from the Philippine National Police thru FED-CSG prior to actual importaton/exportation. (sic)
XI. AIRSOFT GUN CLUBS
Pertinent provisions of PNP Circular No. 7 shall apply to the Gun Clubs Membership for airsoft rifle/pistol holders.
XII. AIRSOFT FIRING RANGE/PLAYGROUND
Operator of a designated and licensed playground or firing range for airsoft rifle/ pistol shall secure a corresponding permit to conduct war games or war simulations, exhibitions and airsoft rifle/pistol shooting competitions. Operators of playgrounds and firing range in Metro Manila shall secure their permit at FED-CSG while operators applying for permit in the provinces shall file their applications with their respective Provincial Police Offices, City Police Offices in cases of highly urbanized cities or ther FESAGS of the Police Regional Offices.
As the need arises or as the activity requires a new playground, the organizer of the war game or war simulation shall secure a new permit at FED CSG, the Povincial Police Offices/ City Police Offices or Regional Police Offices as the case may be.
The Mayor's Permit will be a mandatory requirement in the registration of the firing range or playground for airsoft rifle/pistol exercises.
XIII. MISCELLANEOUS PROVISIONS
Existing manufacturers/ dealers and present holders of airsoft rifle/pistol shall have a grace period of six (6) months from date hereof to apply for manufacturer or dealers license and to present their air rifle/pistol to the Fireamrs management Branch, Firearms and Explosives Division-Civil Security Group for testing and corresponding registration with a fee as that of an air rifle/pistol.
All licensed dealers of airsoft rifle/pistol shall be required to secure the necessary permits when intending to go on airsoft rifle/pistol show or exhibition just like the conduct of Defense and Sporting Arms Show.
XIV. RECISSION CLAUSE
All rules and regulations inconsistent herewith are hereby rescinded or modified accordingly.
XV. EFFECTIVITY
These Rules and regulations shall take effect immediately.
(Signed) OSCAR C. CALDERON Police Director General Chief, PNP.
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Post by Kageyama on Nov 8, 2006 13:16:21 GMT 8
Thank you Gands, for clearing up the Legal side of these topic.
I'm glad we don't have to remove the markings of our guns. Not too keen on the orange tip, but I guess we can always... have two tips. hehe.
Hopefully this will make dealing guns easier for me. hehe.
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Post by gands on Nov 8, 2006 13:51:57 GMT 8
The following statements are my lowly opinion only and is not intended to openly defy PNP Circular: There is a heated debated raging on at FAS whether or not airsoft is indeed already legal. Congressman Raffy Biazon (callsign: jarhead) and so many others are contesting the claim that it is already legal for the reason that a national law which is the Letter of Instruction No. 1264 by former President Ferdinand Marcos is still existing. This latter law expressly prohibits five acts namely: Selling, Manufacturing, Distribution, Importation and Display of replica guns. The prohibition is absolute and makes no qualification about registration with the PNP. Hence, by declaring that airsoft guns, which are technically replica guns, can now be imported, manufactured or sold, the PNP in effect subverts a valid and existing law which is LOI 1264. In the absence of a showing that LOI 1264 has been repealed, amended or declared invalid, the same stands and will continue to remain in force and in effect. I am hereunder quoting LOI 1264 for your reference: July 31, 1982 LETTER OF INSTRUCTIONS NO. 1264 TO: The Minister of National Defense The Minister of Local Government The Minister of Finance The Minister of Trade and Industry The Minister of Justice SUBJECT: Ban on the Importation, Manufacture, Distribution, Sale and Display of Certain Types of Toy Firearms and Explosives • WHEREAS, there is now a proliferation of imported toy firearms and explosives which except for its weight, are replicas in appearance, measurements, color and parts as its genuine counterpart firearms and explosives; • WHEREAS, these toy firearms and explosives could mislead the public into believing that these firearms are in fact genuine and as such could be used, as in fact reports indicate that these had been used, for illegal and/or criminal purposes by unscrupulous individuals; • WHEREAS, in the interest of public safety and general welfare there is an imperative need to ban the importation, manufacture, distribution, sale and display of these types of toys; NOW, THEREFORE, I, FERDINAND E. MARCOS, do hereby order and direct the following: 1. Henceforth, the importation, manufacture, distribution, sale and display of toy firearms and explosives which, even if dissimilar to in some aspects, are replicas in appearance, measurements, color and parts as its genuine counterpart firearms and explosives, are prohibited. 2. The Ministers of Finance, Trade and Industry, Local Government and National Defense shall issue the necessary rules and regulations to implement these instructions. 3. The Philippine Constabulary/Integrated National Police is directed to confiscate all toy firearms and explosives such as described in paragraph 1 hereof, which are displayed or otherwise used for illegal or criminal purposes. Strict compliance herewith is enjoined. Done in the City of Manila, this 31st day of July, in the year of Our Lord, nineteen hundred and eighty-two. (SGD.) FERDINAND E. MARCOS PresidentWe then have to ask the question on which between a national law and a pnp circular will prevail. This is how I see it....PNP is just a department of the DOJ which is likewise under the Office of the President of the Philippines....so figure out. Please also notice the underlined statement at paragraph 3 how it contradicts the Circular. Anyway, whatever shortcomings this Circular had, we should not ignore this because should we get lucky with our move to have it nullified (related post downstairs , PNP Circular 8 will surely lord over airsoft.
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Post by Kageyama on Nov 8, 2006 14:49:06 GMT 8
I thought the LOI would be expered already considering, there is no more martial law and that Marcos is not in power.
How far a reach does that LOI I have. I must say I have encoutered it once or twice in the airport. Good thing... I have ways of dealing with matters like that. hehe.
PS: I'm not talking about that matter as it may put me in bad company.
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Post by gands on Nov 8, 2006 15:09:04 GMT 8
LOI 1264 still exist even if marcos is no longer in power because that law was never repealed, amended, or nullified by any other law. If you go to the Bureau of Customs, DTI or PNP sites, you will see that it is still being used to prohibit sale of replicas or its importation or manufacturing.
LOI 1264 was not created during the Martial Law but after. Martial Law was lifted September, 1981, LOI 1264 was created July 31, 1982. But Marcos must have forgotten that by the time LOI 1264 was created he no longer have martial law powers. Couild be the reason why he forgot to place penalty clause on the said law.
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Post by Kageyama on Nov 8, 2006 15:14:35 GMT 8
Oh well until then, Airsoft for the few, but showbiz for the masses. hehe.
One day, maybe not today or tomorrow, but one day, things should settle down and allow the airsoft community a legal nook in society.
Until then, more power to the cause and to good airsofters in general.
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Post by gands on Nov 8, 2006 15:47:02 GMT 8
Sometime in July 2006, two NSW-8 members and an EMC member questioned the constitutionality of LOI 1264 for violating the due process clause of the constitution. Article III of the Constitution SECTION 1. NO PERSON SHALL BE DEPRIVED OF LIFE LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW, NOR SHALL ANY PERSON BE DENIED THE EQUAL PROTECTION OF THE LAWS If you notice LOI 1264, other than the sanction of confiscation, this law imposes no other penalty. A penalty is very important because it is from where the courts of law can determine their jurisdiction over the offense committed. Without it therefore, a court can not determine if it has power to try a particular person. Without the courts, a person from whom his property is taken can not be given a chance to be heard or to defend himself. Hence, if your airsoft is confiscated there will be way that you can be heard in court. While it is true that the State can enforce it police powers to ensure the safety and welfare of its people, this power is not absolute and can not overwhelmed the constitutional right of the people to a due process. Due Process is all about giving the people to answer the charges against him / her. "Strike but hear ye first" this is the saying from which this doctrine can best be exemplified. Without the observance of due process, any law is highly susceptible to abuse by the enforcing authorities. Hence, the importance of the concept of due process Anyway, the petition which is formally filed as Petition for Declaratory Relief is now pending before the Regional Trial Court Branch 20 of Cebu City. The adversary here is the Republic of the Philippines and is represented by the Office of the Solicitor General, the government's attorney. They have yet to file their Answer to the Petition until November 20, 2006. God willing and we will win this case, this will be NSW-8's (and EMCs) contribution to the legalization of airsoft in the Philippines and if we are to count, we might one of the first airsoft club on earth that succesfully overturned a national law banning airsoft. Now who says we are just for 'porma'.
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Post by Kageyama on Nov 8, 2006 16:01:18 GMT 8
HOOYAH!
Airsoft will be fully legal one day! And on that day we can finally buy and sell without fear of cofiscation, unless that certain weapon is in violation of laws governing airsoft.
I do hope that day will come soon. I'm getting abit tired of having to go to strange tiny places in Manila to obtain parts and other militaria.
Oh well... at least we have friends in high places that can aid our cause.
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Post by Kageyama on Feb 21, 2007 0:16:02 GMT 8
NEW FINAL DRAFT OF AMENDED IMPLEMENTING RULES AND REGULATION
PNP CIRCULAR NO.8 Amended Rules and Regulations, Governing the Manufacture, Importation, Exportation, Sale, Possession, carrying of Airsoft Rifles/ Pistols and Operation of Airsoft Games and Airsoft Teams.
February 2007
I. References:
a. Amended rules and Regulations Governing the Manufacture, Sale, Possesssion and Carrying of Airsoft Rifle /Pistol dated 21 July 2006.
b. Implementing Rules and Regulations Governing the Manufacture, Sale, Possession and Carrying of Airsoft Rifles/ Pistols dated January 29, 1992.
c. Executive Order No. 256 entitled "Schedule of Fees dated December 21, 1995."
d. Standard Operating Procedure Number 13 entitled "Licensing of Firearms" dated March 16, 1999.
e. Memorandum Circular Number 99-009 entitled "Manufacture and Repair of Firearms" dated March 16, 1999.
f. Memorandum Circular Number 07 entitled "Recognition/Operation of Gun CLubs" dated June 15, 2005.
II. PURPOSE
This Circular prescribes the rules and regulations governing the manufacture, deal in, importation, exportation, sale, possession, and carriage of airsoft rifles/pistols and operation of airsoft teams and game sites.
III. SCOPE
This Circular shall apply to all natural and juridical persons who intend to manufacture and deal in the importation and sale of airsoft rifles/pistols which has been classified as a special type of airgun, and who desire to possess or carry the same. This Circular also sets the provision for the establishment and operation of airsoft teams and game sites.
IV. DEFINITION OF AIRSOFT RIFLE/ PISTOL
Airsoft Rifle/ Pistol herein used included battery operated spring and gas type powered rifles/pistols which dishcarge plastic or rubber pellets only as bullets or ammunition. This differs from replica as it does not file plastic or rubber pellet.
V. RESTRICTION
Airsoft Rifle/Pistol as herein classified as special type of airgun, shall be used in sporting activities as war game simulation only. All airsoft rifle/pistol shall not exceed 550 feet per second velocity using a .20 gram BB. Otherwise, an airsoft rifle/pistol exceeding the prescribed limit shall not be eligible for registration.
VI. MANUFACTURE AND SALE
All natural and juridical persons who intend to manufacture or sell airsoft rifle/pistol shall apply for a license to manufacture or license to deal airsoft rifles/pistols under the existing rules and regulations of the Philippine National Police thru Firearms and Explovies Division of the Civil Security Group as provided for under the provision of revised Memorandum Circula Number 99-009.
VII. MARKINGS
Upon the one-time registration with the Philippine National Police, a barcode sticker bearing a permanently assigned unique serial number shall be affixed on a conspicuous part of the airsoft rifle/pistol to be registered. Said barcode shall remain to be valid up to one year or until such time that all manufactured airsoft rifle/pistol shall have their own respective serial number. Otherwise all manufactured or imported Airsoft rifle/pistol without serial number will not be registered.
Duplication of serial number and/or falsification of barcode stickers shall be deemed a violation of this memorandum order which shall result in the revocation of any airsoft license or registration issued to the holder.
When not in use and during transport, airsoft rifles and pistols shall have muzzle caps in bright red or orange.
VIII. REGISTRATION
Any person who desires to possess airsoft rifle/pistol shall file his application in accordance with PNP SOP Number 13 entitled "Licensing of Firearms" except that minimum age shall be 18 years of age for airsoft rifle/pistol/ The one time registration for airsoft rifle/pistol shall be applied to airsoft rifle/pistol. In case of transfer of ownership to a qualified citizen, the required procedure in the transfer of regular air gun shall apply. A licensed airsoft rifle/pistol holder shall not transfer physical possession of his registered airsoft rifle/pistol until the application for license to possess airsoft rifle/pistol is approved by FED-CSG.
IX. TRANSPORT OF AIRSOFT RIFLE/ PISTOL
A Permit to Trasnport (PTT) airsoft rifle/pistol shall be required for the transfer of all airsoft rifles/pistols from the place of residence to any game or exhibition site. Application for a Permit to Transport (PTT) airsoft rifle/pistol shall be filed at the FED-CSG for Metro Manila applicants and the respective Provincial Police Office, City Police Office or at FESAGS Office for provincial applicants as the case may be.
The Permit To Transport airsoft shall cover a maximum of five (5) airsoft units whether rifles, pistols or a combination of both. The permit shall be valid nationwide for a period of one year, except in areas that may be defined and restricted.
While in transit all airsoft rifles/pistols shall be placed in secured bags or cases.
X. IMPORT AND EXPORT FOR AIRSOFT
Any person engaged or intending in the import and export of airsoft rifles/pistols shall first secure the corresponding import or export permit from the Philippine National Police through the FED-CSG prior to actual import and export of said items.
XI. AIRSOFT TEAMS
Airsoft teams who may seek accreditation with the FED-CSG. Each airsoft team shall have a minimum of ten (10) registered owners of airsoft rifle/pistol, a permanent address, a President, and shall abide by the Uniform Standard Code of COnduct, Safety and/or Rules of Engagement for Games for airsoft players which shall beapplicable and binding upon all during games.
XII. AIRSOFT GAME SITES
Prior to the use of a particular area as airsoft game site, the operator or the duly authorized person in charge of the proposed airsoft game site shall coordinate in writing with the Chief of Police who has the jurisdiction over the said area.
The conduct of any war game, simulation, shooting competition or exhibition of airsoft rifles/pistols shall only be allowed with prior clearance from the local Chief of Police.
XIII. MISCELLANEOUS PROVISIONS
Existing manufacturers or dealers and present holders of airsoft rifle/pistol shall have a grace period of six (6) months from date hereof to apply for manufacturer of dealers license and to present their air rifle/pistol to the Firearms Management Branch (FMB), Firearms and Explosives Division-Civil Security Group for testing and payment of the corresponding fees.
All licensed dealers of airsoft rifle/pistol shall secure the necessary permits prior to the conduct of airsoft rifle/pistol show exhibition.
XIV. RECISSION CLAUSE
All rules and regulations inconsistent herewith are hereby rescinded or modified accordingly.
XV. EFFECTIVITY
These rules and regulations shall take effect immediately.
OSCAR CALDERON Police Director General Chief, PNP
Notes: (As posted by Fallujah in the UAA Forum)
1. The PNP gave us everything we wanted except the dealers and sellers which they still require to be licensed. We will be having a final meeting this week regarding possible last minute changes on the dealers. A number of sellers have been informed. Others are welcome to attend.
2. One time registration fee per gun of P200. FPS limit of 550 at .20g bb.
3. Barcode registration valid for one year, until serial number is assigned (not clear?)
4. Accreditation of teams is optional.
5. No further licenses or permits are required for game sites.
6. No red cap required except while travelling.
7. permit to transport valid nationwide for 5 guns maximum, valid for one year.
8. Airsoft shows exhibitions allowed with prior permit.
9. extension of amnesty period for additional six (6) months.
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Post by charlie on Feb 24, 2007 16:51:26 GMT 8
now that's more like it.... =)
Thanks... Miko, Gands n Francis
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Post by jbanks on Mar 11, 2007 13:26:18 GMT 8
oh if this could only happen in Australia =(
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Post by francis on Mar 11, 2007 19:17:22 GMT 8
Make a lobby for it! Australia's got some of the best SF out there, airsoft would be a good motivation for future SF=)
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Post by jbanks on Mar 18, 2007 12:28:03 GMT 8
Amen to that, and the market here would just be gigantic! When I told my friends about airsoft my experience with you guys there tounges nearly fell out of there mouths! The closest thing we have here to airsoft is paintball which is uber expensive (like $60 for a few games) which really limits it off to most people. Airsoft is just so much more economical,,, and you dont have to worry about cleaing the paint off your back lol
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Post by gands on Mar 21, 2007 17:14:39 GMT 8
Hey James, You already have it started. What you lack is only the airsoft unit. A few more years and you'll have. Believe and you will get it.
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Post by gands on Aug 10, 2007 16:51:06 GMT 8
Update on Petition against LOI 1264
Court personnel advised me to default the government for failure to answer despite notice and their entry of appearance. The advise is very tempting but as far as I know there is no default against the gov't. I'd like to take the risk of defaulting them and get a favorable judgment but there's another remedy to this which i read from a far off website in Florida and this remedy has always been the first I had in mind ever since the SolGen failed to Answer the reply. This will yield the same result but in my opinion will take the shorter way out. I hope my Judgment on Pleadings and Memorandum in Support will work out just fine. This will be all for now.
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Post by gands on Aug 13, 2007 16:56:30 GMT 8
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Post by gands on Aug 22, 2007 12:35:03 GMT 8
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Post by gands on Aug 25, 2007 15:59:03 GMT 8
The set of “guidelines” hereinafter stated is a copy verbatim of the handout that was given to me when I secured a copy of the application for airsoft registration from FESAGSS Cebu City:
GUIDELINES IN THE CONDUCT OF AIRSOFT WARGAMES
a. Only registered airsoft rifles / pistols shall be used in airsoft wargames.
b. Airsoft war games should be done only at licensed playground or gamesites and must not be open to public view. Access to game sites must be limited to direct game participants, hosts and officials only;
c. All airsoft rifles/guns must be submitted / made available for inspection before the game;
d. Airsoft rifles / guns must be placed inside rifle / gun cases while in transit to and from the game site. Permit to Transport is required;
e. An Authority To Conduct Wargames / Competition must be secured first at FESAGSS Office before the conduct of any wargames or competition;
f. Attires / Uniforms must not resemble those official uniforms used by government forces/law enforcement agencies and must only be worn at the game sites;
g. The nearest police station must be informed prior to the conduct of the wargame / activity;
h. Safety and security must be of primary concern.
*all emphasis supplied Comments:
1. The use of the words shall and must in all of the above items makes the item mandatory which has to be complied with otherwise sanctions are imposed. The use of the these words defeats the nature of the document which is supposed to be just a guideline 2. On item “b”, there is the qualification of the prohibition that the gamesite or playground must not be open to public view x x x and that the same x x x must be limited to direct game participants, hosts and officials only x x x. There is however no definition on what a public view is making this particular item impossible to comply. On the other hand, there is no rationale or reason as to limitation of the gamesites to participants, hosts and officials only. A comparison with the Memorandum Circular No. 8 from the PNP would show that the above restrictions and limitations are not stated therein. Therefore, this item unwittingly expanded Section/Part XII (Airsoft Firing Range and Playground ) of the Circular.
3. Item “c” again made another qualification that the airsoft guns must be submitted / made available for inspection before the game. Again this requirement makes this “guideline” impossible to comply for the following reasons I can think of: who will make the inspection? Under what authority are they to conduct the inspection? What are the standards that will be followed in conducting the inspection?
4. Items “d”: Please read Flt Medic and Fallujah’s exchange of comments at UAAP I was enlightened to how the Permit to Transport may not be needed after all.
5. Item “g” states safety and security must be of primary concern. The question is How?
6. At any rate my general conclusion is that the provisions of the Circular and related laws are not consulted before this guideline was released. It would have been better if the pertinent provisions of the Circular was quoted to serve as guideline than create a different version which now looks quite ridiculous.
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Post by gands on Aug 30, 2007 15:37:43 GMT 8
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