Senate Bill No. 2045: Gun Replicas Regulation Act

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An Act Regulating the Manufacture and Sale of Gun Replicas Providing Penalties Thereof and for Other Purposes Filed on February 4, 2008 by Villar, Manny

From http: http://www.senate.gov.ph/lis/bill_res.aspx?congress=14&q=SBN-2045

14th Congress
Senate Bill No. 2045
GUN REPLICAS REGULATION ACT
Filed on February 4, 2008 by Villar, Manny

Long title:

AN ACT REGULATING THE MANUFACTURE AND SALE OF GUN REPLICAS PROVIDING PENALTIES THEREOF AND FOR OTHER PURPOSES.

Scope:

National

Legislative status:

Pending in the Committee (2/4/2008)

Text of the SBN-2045 PDF file:

FOURTEENTH CONGRESS OF THE
REPUBLIC OF THE.PHILIPPINES
First Regular Session
Senate Bill No. 2045
INTRODUCED BY SEN. MANNY VILLAR

EXPLANATORY NOTE

The 1987 Philippine Constitution ordained that the maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy.

Under Republic Act No. 7349 or the Consumer Code of the Philippines, it provides that Filipinos must be protected against hazards to health and safety as well as protection against deceptive, unconscionable and unfair sales act and practices.

However, the proliferation of dangerous almost real-life gun replicas and toy guns are posing hazards to lives, safety and security'of the people. While these replicas or look-alike guns are meant as playthings for entertainment, our security is somehow compromised and endangered since they are often used by some unscrupulous groups and individuals in perpetrating criminal acts such as hold-ups, kidnapping and similar felonies.
As such, this proposed measure seeks to regulate the manufacture and sale of gun replicas and toy guns which serve as a tool or paraphernalia for lawless elements of the society in the commission of crimes.

Immediate approval of this bill is hereby earnestly sought.

Manny Villar

FOURTEENTH CONGRESS OF THE
REPUBLIC OF THE PHILIPPINES
First Regular Session
Senate Bill No. 2045
INTRODUCED BY SEN. MANNY VILLAR

AN ACT REGULATING THE MANUFACTURE AND SALES OF GUN REPLICAS, PROVIDING PENALTIES THEREOF AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Gun Replicas Regulation Act".

SEC. 2. Declaration of Policy. - It is hereby declared as policy of the State to protect the general welfare of the people by regulating the manufacture and sale of gun replicas.

SEC. 3. Definition of Terms. - For purposes of this Act, a gun replica is any imitation or look-alike of any original gun or firearm which was manufactured, designed and produced since 1898, including, but not limited to toy guns, water guns, air soft guns, and similar guns firing non-metallic projectiles.

SEC. 4. Regulation of Gun Replicas. - It shall be unlawful for any person to produce, manufacture, sell, use, ship, transport, give or receive any gun replica unless such item contains, or has affixed to it a marking approved by the Department of Trade and Industry, as provided in Section 5 hereof.

SEC. 5. Distinctive Marking for Gun Replicas; Exception; Waiver,' Adjustment and Changes. - Except as provided in the immediately succeeding paragraph, each gun replica shall have as an integral part, permanently affixed, a blaze orange plug inserted in the barrel of such item. Such plug shall be recessed no more than six (6) millimeters from the muzzle end of the barrel of such replica. The Department of Trade and Industry may provide for an alternative marking or device for any gun replica not capable of being marked and may waive the requirement of any such marking or device for any such item that will be used for sports, theatrical, movie or the television industry. The Department is likewise authorized to make adjustments and changes in the marking system provided for by this Section, after consultation with interested and concerned individuals or groups.

SEC. 6. Study of Criminal Misuse of Gun Replicas. -The Philippine National Police is authorized and directed to conduct a technical evaluation of the marking systems provided for in this Act to determine their effectiveness in police combat situations. The Chief of the Philippine National Police shall begin the study within three months after the effectivity of this Act. The Philippine National Police is likewise authorized and directed to conduct a study of the criminal misuse of gun replicas including the analysis and statistics of police reports on such incidences and shall make a report of the incidences relative to marked and unmarked replicas.

SEC. 7. Penalties. - Any person or entity found to have violated the provisions of this Act shall be liable to a fine of not less than One Hundred Thousand Pesos (P100,000.00) or an imprisonment of not less than six (6) months, or both at the discretion of the court. All unmarked gun replicas shall be confiscated in favor of the government.

SEC. 8. lmplernenting Rules and Regulations. - The Department of Trade and Industry, in coordination with the Philippine National Police and other concerned government agencies, shall promulgate the necessary implementing rules and regulations within ninety days after the approval of this Act.

SEC. 9. Separability Clause. - If any provision, or part hereof, is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SEC. 10. Repealing Clause. - All laws, decrees, orders, rules and regulations or part thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 11. Effectivity. - This Act shall take effect 15 days after its complete publication in at least two (2) newspapers of general circulation.

Approved,
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