Licensed gun owners seek permission to carry firearms during election period

Licensed gun owners asked the Supreme Court to order the Commission on Elections (Comelec) to process and allow private citizens to carry guns during the election period.

In a 44-page special civil action for mandamus filed Monday, gun owners Eric Acosta, Nathaniel Dela Paz and Atty. Rodrigo Moreno told the high court that the Comelec violated the equal protection clause of the Constitution when it issued Comelec Resolution 10015 barring gun owners with permits to carry firearms outside residence (PTCFOR) to acquire exemption from the gun ban.

Under the Comelec Resolution 10015, all PTCFORs have been suspended.

The Comelec said that during the entire election period, which started on January 10, the public will be barred from bearing, carrying, or transport firearms or deadly weapons outside of their residence or place of business, and in all public places.

In addition, all permits to carry firearms will be suspended or put on hold, unless they are covered by a Certificate of Authority from the Comelec.

However, the same resolution granted exemptions not only to members of the Philippine National Police (PNP), Armed Forces of the Philippines (AFP) but also to judges, justices, prosecutors from the Department of Justice (DOJ) and the Office of the Ombudsman, all Cabinet Secretaries, Senators and Congressmen not running in the 2016 polls.

“Clearly then, the Comelec exempted these people due to the threat (real or imagined) against them. But by not exempting private citizens with PTCFORs, who are deemed by Republic Act 10591(Comprehensive Law on Firearms and Ammunition) to be facing the same threat, the Comelec is violating the Constitutional right to equal protection of ordinary citizens, by giving these government officials unwarranted special treatment,” petitioners said.

“Petitioners are thus asking the Supreme Court to issue a writ of mandamus to compel Comelec to grant private citizens with PTCFORs exemptions from the gun ban in all elections, and while the case is pending, to issue a writ of preliminary mandatory injunction to require Comelec to immediately accept applications for exemptions and issue the same to private citizens with PTCFORs, considering the continued threat to them,” they added.

Petitioners said their lives are also in danger which is why they are asking for an exemption.

“Indeed, petitioners stand to lose their lives, physical safety, and security if they cannot carry their firearms outside their residences due to the threat against them as recognized by RA 10591. Hence, not issuing a preliminary mandatory injunction would be to sanction Respondents’ violation of Petitioners’ constitutional right to equal protection of the laws,” the petition read.