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illegal possession of firearms

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1 Re: illegal possession of firearms on Thu Jun 17, 2010 2:05 pm

hope


Arresto Menor
Hello,

I want to ask regarding the procedures in illegal possesion of firearms. How can a person be sued for illegal possession of firearms? and who have the right to sue him?

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2 Re: illegal possession of firearms on Fri Jun 18, 2010 12:37 am

attyLLL


moderator
normally, a charge of illegal possession occurs when the accused is caught with the unlicensed firearm.

any person can initiate the complaint, but you will have to provide convincing proof that the firearm was actually brought on the person of the respondent. in addition, you will have to provide a certification from the pnp that the person does not have a license to carry firearms.


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3 Re: illegal possession of firearms on Mon Jun 21, 2010 1:01 pm

hope


Arresto Menor
Hi, AttyLLL!

What if I don't saw it personally but other person did. I just saw it in his Facebook account, there are 3 different guns the baby armalite, 9 MM, and the señorita and he was holding it. The venue was inside their house can I still sue him for illegal possesion of firearms since I blottered him last June 4, 2010. I am worried about the security of my children since ang naiiwan lang sa bahay our my kids (7 & 2 yrs old) at 2 yayas and we are neighbors.He have a motive already na kasi denimanda ko sya sa bounching checques na issue ng wife nya. Can I sue him for illegal possession of fire arms?

Thank you in advance for the response Smile

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4 Re: illegal possession of firearms on Tue Jun 22, 2010 12:23 am

attyLLL


moderator
hmmmm. you can file the complaint with the certification from the PNP that he is not licensed to possess such firearms, but what if they were a bunch of airsoft guns and how to prove when the picture was taken? a facebook pic is going to be a bit dicey. you can strengthen your case if your witness is able to issue an affidavit.

has he actually threatened you? won't this aggravate the situation?


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5 Re: illegal possession of firearms on Tue Jun 22, 2010 12:26 pm

hope


Arresto Menor
Hi, AttyLLL!

I know it is not a bunch of airsoft guns since there's a pistol case, a pistol bullet and the gun itself. I know airsoft bullet my husband have that and he is sure it's original .

Yes, he threatened me verbally only, can I still sue him even it's verbal only?

This person had cheated many people
and his wife issued lots of bounced cheques.
Can this also be presented as another evidence against them?

If he wasn't in the country anymore, since his job is in the cruise (He was pastry in the cruise)can the case be continued?

Thank you very much for your reply it really help me.I really learned a lot from you. Smile

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6 Re: illegal possession of firearms on Tue Jun 22, 2010 12:33 pm

hope


Arresto Menor
Hi, AttyLLL!

I think I wasn't able to answer your question regarding the pics. The pics in his facebook account has time and date on it but no year. And I save those pics on my pc.

Thank you very much again for the knowledge your imparting to me Smile

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7 Re: illegal possession of firearms on Wed Jun 23, 2010 11:09 pm

attyLLL


moderator
ok, you can file a complaint, but based on this evidence, I have my doubts it will be resolved in your favor. the bounced checks are not relevant to illegal possession of firearms.

for the verbal threat, you will have to file it first at the barangay.

yes, your complaint can continue even without his presence, up to the time a warrant of arrest is issued.


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8 Re: illegal possession of firearms on Tue Jul 06, 2010 11:16 pm

Dear Hope,

I have a suggestion. Why not approach any law enforcement agency (e.g. NBI or PNP) and lodge your complaint about that trigger-happy ala rambo cum chuck norris neighbor of yours? I think either the NBI or PNP will be very much willing to seize those firearms if after proper verification, your neighbor is not among the list of those with licensed firearms.
Accordingly, these law enforcers may conduct their own surveillance and if they later opt to apply for a search warrant, they could get you as their witness. Illegal possession of firearms is an example of the so-called "victimless crimes" as there is no particular offended party.



sifone

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9 Re: illegal possession of firearms on Tue Feb 22, 2011 6:18 am

gigang


Arresto Menor
paano po kung ang tao na may baril at nag paputok pa parang nagyayabang ba. Kasi I have my kapitbahay na ganun napasin ko lang lately na parang mayabang na siya at minsan nag iinopman sila sa katabi ay bigla nalang inilabas ang baril nya na kaliber 22 at pinaputok . Hindi ko nakita yon pero narinig ko ang putok ng baril akala ko kasi rebintador lang but after few days nalaman ko sa mga kainoman nya na nag paputok siya ng baril sa hindi alam na dahilan . Para saan po ba yong permit to carry? Kung licensed ang baril nya pwede ba makonpiska yon pag may violation siya. Hindi ko pa alam kung licensed yong baril nya kasi hindi ko pa na verify sa PNP dito sa amin. Is there another way na ma verify anglicense ng Gun maliban sa PNP?

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10 Re: illegal possession of firearms on Tue Feb 22, 2011 2:36 pm

attyLLL


moderator
only the pnp keeps records.


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11 Re: illegal possession of firearms on Wed Feb 23, 2011 4:15 pm

gigang


Arresto Menor
Then after na ma verify sa PNP na walang licensed yong baril do the PNp launch a search immediately or do I have to file a complain. Ayoko kasi mag file ng complain kasi baka ako pag initan at barilin ako he he.

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12 Re: illegal possession of firearms on Wed Feb 23, 2011 4:59 pm

attyLLL


moderator
of course a complaint has to be filed. if you can convince them to do their own investigation, so much better.


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13 Re: illegal possession of firearms on Fri Jul 29, 2011 10:59 am

TAKUSA


Arresto Menor
gigang wrote:paano po kung ang tao na may baril at nag paputok pa parang nagyayabang ba. Kasi I have my kapitbahay na ganun napasin ko lang lately na parang mayabang na siya at minsan nag iinopman sila sa katabi ay bigla nalang inilabas ang baril nya na kaliber 22 at pinaputok . Hindi ko nakita yon pero narinig ko ang putok ng baril akala ko kasi rebintador lang but after few days nalaman ko sa mga kainoman nya na nag paputok siya ng baril sa hindi alam na dahilan . Para saan po ba yong permit to carry? Kung licensed ang baril nya pwede ba makonpiska yon pag may violation siya. Hindi ko pa alam kung licensed yong baril nya kasi hindi ko pa na verify sa PNP dito sa amin. Is there another way na ma verify anglicense ng Gun maliban sa PNP?

Even if the person who own the firearms have ptcfor he has no right to show his gun to the public not even shoot it in his premise. So if you want the gun to be confiscated and the person will be arrested of course you have to file a complaint. It's in the P.D. 1866

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14 Warrant of Arrest on Tue Aug 02, 2011 12:38 pm

hope


Arresto Menor
Hi, Atty.!

Good morning Smile Atty. tanong ko lang po puede ba hulihin ng NBI yung isang tao kapag nagissue sya ng bounce check sa iba't ibang tao na total worth ay Php. 250,000 thousand po?

Thanks po Smile

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15 Re: illegal possession of firearms on Sat Jan 07, 2012 8:17 pm

richard20


Arresto Menor
Hello attorney, ask lang ako ng advise, we have a neighbor who is a foreigner, he got lots of guns in his compound, i mean not just 3 or 4, i heard it's 6 to 8pcs with complete ammunition, he had 2licenced guns under his previous girlfriend's name who is not residing there na, kc may kapalit na sya. We are very concerned because when he is not there,specially ang pagmeet natin sa new year, his workers had been using the guns to make noises. I am very concerned as well na what if malaman o makarinig ang mga NPA na marami syang guns, damay kaming mga taga baryo, delicado talaga. what can we do. he is boosting that he owns the brgy captain and the mayor and other politicians and magagawa nya lahat gusto nya maski illegal pa, he is giving money to them.

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16 Re: illegal possession of firearms on Sat Jan 14, 2012 12:17 am

attyLLL


moderator
the legal remedy is to file a complaint with the police


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17 Re: illegal possession of firearms on Mon Aug 13, 2012 8:39 pm

BIGGS


Arresto Menor
Good day Atty.

I have filed RA 9262 sa dati kong BF po. I caught him with a Girl under his bed. I grab the girl, drag her hair tapos sinapak ko. mejo nasaktan ko tlga ung babae. grabe po kase. I am 5 months pregnant and we had an agreement to meet that day so i could get money from him for my chekup. When I grab the hair of the girl sinakal ako ngb malakas ng dati kong BF, kinagat, sinapak, tinajakan chan ko, sinambunutan at nilabasan pa ako ng baril kase patuloy ang away namin non, this is not the first time na sinaktan ako ng dati kong BF. nakapagpamedico legal na din po ako, right now we are just waiting for the subpina para sa hearing. Pangalawang beses na to na nilabasan niya ako ng baril. lagi niya yang pangtakot saken. pati mga magulang ko dindamay niya. like nong papaunta yun nanay at kapatid ko at sinabi ko sakanya nagkasa siya ng baril. although hindi siya lumbas non pero palagi niya tong pantakot at nasbi niya pang di niya ako lulubayan pag nasira daw buhay niya/kung mag file kami ng kaso saknya. His even using his gun to show off with our friends. tapos bigla na lang yan magpapaputok at gagawing target ang pader ng eskwelahan sa harap ng bahay nila. I know and I have seen how he is incapable of using a gun kaya po sana I wish for his gun to confiscated. what could be our next step po? I'm scared that he may use it against us kase. thank you po. hoping to hear from you soon atty.

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