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PIA Press Release
2007/02/23

Comelec 7 allows guns in private vehicles as long as not in plain public view

Cebu City (23 February) -- Individuals owning firearms may carry their guns inside their personal vehicles as long as the weapons are not in plain view to the public as the election gun ban period is in effect.

Commission on Elections (Comelec-7) regional election attorney Lionel Marco Castillano in this morning’s launching of Bee Forum: ‘Comelec Hour’ at the Casino Español bared private vehicles are considered an extension of an individual’s private house.

The election gun ban that took effect last January 14 prohibits the carrying of firearms only in public places and those who violate the law will be apprehended and be meted with corresponding penalties as stipulated under the Omnibus Election Code, Castillano said.

Even licensed firearms are not exempted from the election gun ban, according to Castillano.

Castillano however, said firearms inside private vehicles but displayed in plain view for everybody to see may warrant probable cause to further police search while the gun owner can be charged with the election gun ban.

In order to enforce the gun ban, police checkpoints are set up which has also added a sense of security to the public commuters with the rampant problem of hold-up in passenger jeepneys, Castillano added.

Although with the election gun ban in effect, the Philippine National Police (PNP) as the deputized agency of the Comelec to enforce the gun ban must inform the latter on the designated checkpoints being established, said the regional election attorney.

An exemption of the gun ban is only allowed to persons whose lives are in imminent danger or there is a real threat to his life while the granting of exemption lies in the discretion of the Comelec body in Manila, this is learned.

Castillano further said under the law, only two to a maximum of five firearms may be exempted from the gun ban but in exceptional circumstances, an exemption beyond the allowed number may be granted as in the case of boxing champ Manny Pacquiao. Pacquiao is said to have 20 guns that have been granted an exemption from the gun ban.

When asked how many incumbent officials in Cebu have requested and have been exempted from the gun ban, Castillano replied that he has no personal knowledge but admitted there were inquiries from politicians.

Comelec regional offices however, are not given a copy of the list of exemption from the gun ban by their main headquarters.

Castillano declared there are three ways to file an exemption from the gun ban namely through personal filing, through an authorized representative and through mail.

The election gun ban aims to prevent bloodshed during the poll period as the political campaign season heats up. (PIA-Cebu/FCR) [top]

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