THE Philippine National Police headed by General Benjamin C. Acorda Jr. reminded the public anew to refrain from carrying and transporting firearm replicas during this period of Barangay and Sangguniang Kabataan Elections (BSKE) as it is a violation of the Omnibus Election Code.

Under the Omnibus Election Code, the PNP said the penalties for carrying real guns are similar to those bearing replica guns, including toy guns, airguns, airsoft pistols and rifles, antique firearms and other gun imitations.

The Implementing Rules and Regulations of Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulations Act of 2013 describes an ‘imitation firearm’ as 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.

Officials said that in the past, gun replicas have been carried by some candidates and their men to instill fear among their rivals and their supporters.

There were also past incidents wherein gun replicas were used to commit robbery-holdups, grave threats or harass other people.

Thus, a law was passed making it unlawful for any person to produce, manufacture, sell, use, ship, transport, give or receive any toy look-alike or imitation firearm unless such firearm contains, or has affixed to it, a marking approved by the Secretary of Trade and Industry.

Section 35, Article IV of RA 10591 also said that an imitation firearm used in the commission of a crime shall be considered a real firearm as defined in the Act and the person who committed the crime shall be punished in accordance with the same law.

PNP Firearms and Explosives Office director Brigadier Gen. Roger Quezada reminded movie and television series producers to first secure proper permits from the PNP and the Commission on Elections if they are using gun replicas as props for their scenes since such imitation firearms are covered by the gun ban which will end on November 28.

Quezada said those who will be found to have violated the gun ban rule will be charged for violation of RA 10591 and the Omnibus Election Code, which carries a prison term of up to six years and a permanent disqualification from holding public office.

Since August 28, police have already arrested over 1,200 gun ban violators and seized more than 900 firearms.

More than 2,400 guns with expired licenses have also been deposited by their registered owners to the police force for safekeeping.

Acorda has ordered the strict enforcement of the nationwide prohibition on the unauthorized carrying of guns during the BSKE period as part of their effort to prevent the possibility these weapons may be used to commit violence.

Only members of the PNP, the Armed Forces and other law enforcement agencies in the official performance of duty and in prescribed uniform are allowed to carry their issued firearms in public.

However, ‘High-Risk Individuals’ (HRI) and other Qualified Individuals who have been issued a gun ban exemption or Certificate of Authority may carry their licensed guns provided that when bearing, carrying or transporting firearms, he/she must be in possession of the following:

Threat Assessment issued and certified by the PNP Directorate for Intelligence for the national level or the Regional Director of the PNP Police Regional Office for the local level; Endorsement and/or certification by the PNP chief stating that the applicant is considered as an HRI; valid, updated and current License to Own and Possess Firearm;

Valid, updated and current CFR which firearm is allowed under existing regulations as assessed and evaluated by the PNP; Valid, updated and current Permit-to-Carry-Firearm-Outside-of-Residence (PTCFOR) for privately-owned firearms, Letter Order (LO) or Mission Order (MO), as may be appropriate; and other applicable/pertinent firearms/licenses/registrations/permits.