Gun owners living with minors face liability for unsecured firearms under House bill

MANILA, Philippines — Gun owners who live with minors would have to lock their firearms in tamper-resistant safes or face civil liability and the loss of their licenses, under a House bill filed in response to the deadly school shooting in Tacloban City.

House Bill 10058, or the Child Safety Against Gun Violence Act, was filed on July 14 by Akbayan representatives Chel Diokno, Percival Cendaña, and Dadah Kiram Ismula, along with Rep. Kaka Bag-ao (Dinagat Islands). 

Under the measure, every licensed firearm holder residing with a minor must store all guns unloaded and locked inside a safe, secured by a combination, biometric, or similar tamper-resistant mechanism. 

The ammunition must also be kept separately and out of the child's reach. 

According to the bill, a trigger lock, cable lock, or ordinary lock box would not count as compliance, in households where a minor lives.

Additionally, those who possess higher-tier licenses (Type 2 or higher), or those licensed to keep more than one firearm, must have safes bolted to a wall or floor. 

Gun owners would also be barred from recording safe combinations, passcodes, or keys in any way accessible to a minor.

The bill requires Philippine National Police's Firearms and Explosives Office to verify compliance during its periodic inspections and license renewal for any owner known to have a minor in the household. 

The requirements would be on top of the existing safe storage rules under Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulation Act.

Presumed liable

Parents and guardians would be presumed civilly liable, "jointly and severally with the minor," for the child's unauthorized possession of a gun and for any death, injury, or damage the child causes with it.

The bill also states that a licensed owner who "negligently allows a minor access to a firearm, or who knowingly lends, sells, or gives a gun or ammunition to anyone below 21," would face suspension or revocation of their license and registration by the police's firearms office. Criminal charges are also possible. 

Meanwhile, those who "induce" or "facilitate" a person below 21 to carry or use a firearm would be criminally liable, with the penalty imposed in its maximum period if the offender is the child's parent or guardian.

Shooting range and gun club operators who knowingly let a minor enter their premises, fire a weapon, or take custody of a range-owned gun would also be held liable for any resulting death, injury, or damage.

After Tacloban

The bill is a direct response to the June 22 shooting at San Jose National High School in Tacloban City, Leyte, where two students, aged 14 and 15, opened fire on their classmates, killing three and wounding several others. 

The suspects used a .38 caliber revolver and a 9mm semi-automatic pistol, one of which was registered to a suspect's aunt, a non-commissioned police officer. 

The two had reportedly planned the attack in advance and talked about it online.

"We owe it to our children, teachers, and families to make our schools safe places for learning and opportunity. We must never allow violence to become part of the school experience," Diokno said in a statement Thursday.

The bill's explanatory note said existing gun laws are "not tailored to specifically address" the reality of minors gaining access to firearms and learning to use them, especially in households where adults are licensed owners.