Revoke Letter of Instruction No. 1264, s. 1982 - Airsoft Sport Philippines


Revoke Letter of Instruction No. 1264, s. 1982 - Airsoft Sport Philippines
The Issue
Hello Airsoft Buddy,
Since the Implementing Rules and Regulations of Republic Act No. 10591 on the 7th of December 2013, any airsoft gun is not considered a firearm anymore for the Philippine law unless you commit a crime with it. The definition of the firearm is as follows.
3.22 Firearm – refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement. For purposes of the law, the barrel, frame or receiver is considered a firearm;
There is also a definition of a replica gun and the use of it.
3.34 Imitation Firearm – refers to a replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm;
Section 35. Use of an Imitation Firearm
An imitation firearm used in the commission of a crime shall be considered a real firearm as defined in this IRR and the person who committed the crime shall be punished in accordance with this IRR: Provided, That injuries caused on the occasion of the conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall not be punishable under this IRR.
In simple words, for as long as it is used safely for our sport, our imitation airsoft guns are excluded from the Republic Act No. 10591.
Now let's assume you want to buy an airsoft gun online abroad or take it with you from abroad.
3.6 Authority to Import – refers to a document issued by the Chief of the Philippine National Police (Chief, PNP) authorizing the importation of firearms, or their parts, ammunition and other components;
But this is where the Philippine law is not providing because anyone who tries to get an import document will get a statement from the PNP that the Chief of the Philippine National Police cannot authorize the import of an imitation airsoft gun since it is not a gun we import according to Philippine law.
So why do Philippine customs confiscate airsoft guns still while the law does not prohibit the ownership, local sale without even registration? There is one possible reason left and that is the Letter of Instruction No. 1264, s. 1982 signed by the late President FERDINAND E. MARCOS, in a time there was barely airsoft at all.
What does this Letter of Instruction No. 1264, s. 1982 say.
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 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.
So the Philippine National Police is directed to confiscate all toy firearms at customs while at the same time since Republic Act No. 10591 is implemented in 2013, our airsoft guns are not anymore considered a gun for the Philippine law.
So why this petition?
We want the Letter of Instruction No. 1264, s. 1982 revoked by President Rodrigo Roa Duterte so that customs have no legal reasons anymore to confiscate airsoft guns when bought online or brought with us in a concealed package.
It is now 2018, 36 years after the late President FERDINAND E. MARCOS signed that letter of instruction which is currently totally obsolete considering the new Republic Act No. 10591 and the way airsoft sport has developed within the Philippines.
Once this Letter of Instruction No. 1264, s. 1982 is revoked, Filipino airsoft teams can also bring their airsoft guns to abroad in case of a competition, which is now almost impossible because of the huge grey zone this part is in, it's just not clear.
In my opinion, it is easy to see the difference between a real gun and an airsoft gun by any customs officer so it would not create any issues so far.
May I all count on your support,
Wim

705
The Issue
Hello Airsoft Buddy,
Since the Implementing Rules and Regulations of Republic Act No. 10591 on the 7th of December 2013, any airsoft gun is not considered a firearm anymore for the Philippine law unless you commit a crime with it. The definition of the firearm is as follows.
3.22 Firearm – refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement. For purposes of the law, the barrel, frame or receiver is considered a firearm;
There is also a definition of a replica gun and the use of it.
3.34 Imitation Firearm – refers to a replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm;
Section 35. Use of an Imitation Firearm
An imitation firearm used in the commission of a crime shall be considered a real firearm as defined in this IRR and the person who committed the crime shall be punished in accordance with this IRR: Provided, That injuries caused on the occasion of the conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall not be punishable under this IRR.
In simple words, for as long as it is used safely for our sport, our imitation airsoft guns are excluded from the Republic Act No. 10591.
Now let's assume you want to buy an airsoft gun online abroad or take it with you from abroad.
3.6 Authority to Import – refers to a document issued by the Chief of the Philippine National Police (Chief, PNP) authorizing the importation of firearms, or their parts, ammunition and other components;
But this is where the Philippine law is not providing because anyone who tries to get an import document will get a statement from the PNP that the Chief of the Philippine National Police cannot authorize the import of an imitation airsoft gun since it is not a gun we import according to Philippine law.
So why do Philippine customs confiscate airsoft guns still while the law does not prohibit the ownership, local sale without even registration? There is one possible reason left and that is the Letter of Instruction No. 1264, s. 1982 signed by the late President FERDINAND E. MARCOS, in a time there was barely airsoft at all.
What does this Letter of Instruction No. 1264, s. 1982 say.
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 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.
So the Philippine National Police is directed to confiscate all toy firearms at customs while at the same time since Republic Act No. 10591 is implemented in 2013, our airsoft guns are not anymore considered a gun for the Philippine law.
So why this petition?
We want the Letter of Instruction No. 1264, s. 1982 revoked by President Rodrigo Roa Duterte so that customs have no legal reasons anymore to confiscate airsoft guns when bought online or brought with us in a concealed package.
It is now 2018, 36 years after the late President FERDINAND E. MARCOS signed that letter of instruction which is currently totally obsolete considering the new Republic Act No. 10591 and the way airsoft sport has developed within the Philippines.
Once this Letter of Instruction No. 1264, s. 1982 is revoked, Filipino airsoft teams can also bring their airsoft guns to abroad in case of a competition, which is now almost impossible because of the huge grey zone this part is in, it's just not clear.
In my opinion, it is easy to see the difference between a real gun and an airsoft gun by any customs officer so it would not create any issues so far.
May I all count on your support,
Wim

705
The Decision Makers
Petition created on September 18, 2018