Stiffer penalties for firearms smuggling sought

From the Philippine News Agency (Mar 29): Stiffer penalties for firearms smuggling sought

After the arrest of a US senator who was charged with arms trafficking who claims he has links to separatist groups in the Philippines, a neophyte solon on Saturday urged his colleagues to support his measure, the 'Anti-Firearms Smuggling Act of 2013'.

California State Senator Leland Yee was arrested by Federal Bureau of Investigation (FBI) agents for arms smuggling. He is the author of the gun control legislation filed before the US Senate.

Cavite Rep. Roy Loyola said his bill imposes stiffer penalties ranging from twelve (12)years to twenty (20) years, and even up to life imprisonment, with fines of P1-million to P5-million if found guilty of firearms smuggling.

“Smuggling of firearms is a dangerous but profitable criminal enterprise. It not only threatens public safety and national security but also endangers and oftentimes, results in loss of lives of innocent persons,” said Loyola, author of House Bill 2696.

He said the possession of smuggled firearms, more often than not, emboldens the person in possession of the firearm to commit more serious offenses such as, but not limited to, murder, homicide, rebellion, piracy, kidnapping and armed robbery.

Initial investigation shows that Senator Yee claims helping the agent get weapons worth 0,000 to .5 million, including shoulder-fired missiles, and explained the entire process of acquiring them from a Philippine military captain and separatist groups to bringing them to the US, according to an affidavit by FBI agent Emmanuel Pascua.

The admission can be found in the FBI criminal complaint that names 25 other defendants, including Raymond Chow, a one-time gang leader with ties to San Francisco’s Chinatown known as “Shrimp Boy,” and Keith Jackson, Yee’s campaign aide. The affidavit accuses Yee of conspiracy to deal firearms without a license and to illegally import firearms.

The Philippines, Loyola lamented, is rated second in terms of the number of firearms that are smuggled into Japan. The country, he added, is a producer and trans-shipper of smuggled firearms and is also a final destination of smuggled firearms.

“The growing illicit trade can be attributed to the lack of anti-firearms laws in the country, our long coastline and the great demand for them by criminal syndicates, Muslim secessionists and other militant groups. The firearms and ammunitions used by the Abu Sayaff are believed to have been smuggled into the Philippines via the southern backdoor,” he pointed out.

HB 2696 defines firearms smuggling as the act of any person who, through the use of fraudulent machinations, shall import or bring into, or export from the Philippines, or assist in so doing, any firearm or parts thereof, explosive or ammunition or machine, implements, equipment or tools for the manufacture of firearms.

“It shall also likewise refer to the act of any person who, contrary to law, shall receive, conceal, buy, sell or in any manner facilitate the transportation, concealment or sale of said firearms or parts thereof, explosive or ammunition or machine, implements or explosives after importation, knowing the same to have been imported contrary to law,” Loyola said in his explanatory notes.

The measure clearly provides for the definition of acts constituting the crime of firearms smuggling and the corresponding penalties.

The measure, likewise clearly provides for the grounds wherein the penalty of reclusion perpetua (life imprisonment) when, among other circumstances, the offender is a government official or employee, a pilot, master, agent, owner, consignee, or any person in charge of a vessel or aircraft who knowingly and intentionally carries smuggled firearms, ammunitions or explosives, and any person who belongs to a syndicate, or to the illegal dealers or manufacturers, among other provisions.

In addition to the penalties provided, any government official or employee shall, upon conviction, be dismissed from office and perpetually disqualified to hold public office.

Any criminal action arising from any violation of the proposed statute shall be filed with the Regional Trial Court of the place where the offense was committed and the court first taking cognizance of the case shall exercise jurisdiction to the exclusion of other courts.

“Possession, importation or exportation of any firearm or parts thereof, explosive, ammunition or machines, implements, equipment or tools for the manufacture of firearms, ammunition or explosive without the necessary license to possess, manufacture or to import or export them shall be prima facie evidence of firearms smuggling.

Furthermore, the measure promptly provides that government establish and implement measures for the prevention of firearms smuggling.

The agencies mandated to implement programs are the Department of Foreign Affairs for the proper monitoring of manufactured firearms in their respective foreign posts and explore means to further enhance its assistance in eliminating smuggled firearms through closer networking with government agencies, among others.

Also primarily involved are the Philippine National Police which shall adopt a system of monitoring the approximate number of firearms circulating in the country and adopt, among other responsibilities under the Act in the investigation and information gathering and evaluation of smuggling incidence.

And last, but not least, the Department of Justice which shall initiate the filing of complaints involving smuggled firearms and ensure the effective prosecution of guilty parties.

http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=630596