Title 3

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 14

TITLE 1II "If the violation of this Sec.

is in furtherance of or incident
to, or in connection with the crime of rebellion or
CRIMES AGAINST PUBLIC ORDER insurrection, sedition, or attempted coup d'etat, such
violation shall be absorbed as an element of the crime of
rebellion, or insurrection, sedition, or attempted coup
d'etat.
Illegal Possession of Firearms
"The same penalty shall be imposed upon the owner,
president, manager, director or other responsible officer
Republic Act No. 8294 June 6, 1997 of any public or private firm, company, corporation or
entity, who shall willfully or knowingly allow any of the
AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL firearms owned by such firm, company, corporation or
DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING entity to be used by any person or persons found guilty of
THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, violating the provisions of the preceding paragraphs or
MANUFACTURE, DEALING IN, ACQUISITION OR willfully or knowingly allow any of them to use unlicensed
DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES firearms or firearms without any legal authority to be
OR INSTRUMENTS USED IN THE MANUFACTURE OF carried outside of their residence in the course of their
FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING employment.
STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF,
AND FOR RELEVANT PURPOSES." "The penalty of arresto mayor shall be imposed upon any
person who shall carry any licensed firearm outside his
Section 1. Sec. 1 Presidential Decree No. 1866, as residence without legal authority therefor."
amended, is hereby further amended to read as follows:
Section 2. Sec. 3 of Presidential Decree No. 1866, as
"Sec. 1. Unlawful manufacture, sale, acquisition, amended, is hereby further amended to read as follows:
disposition or possession of firearms or ammunition or
instruments used or intended to be used in the "Sec. 3. Unlawful manufacture, sale, acquisition,
manufacture of firearms or ammunition. – The penalty of disposition or possession of explosives. – The penalty of
prision correccional in its maximum period and a fine of prision mayor in its maximum period to reclusion
not less than Fifteen thousand pesos (P15,000) shall be temporal and a fine of not less than Fifty thousand pesos
imposed upon any person who shall unlawfully (P50,000) shall be imposed upon any person who shall
manufacture, deal in, acquire, dispose, or possess any low unlawfully manufacture, assemble, deal in, acquire,
powered firearm, such as rimfire handgun, .380 or .32 and dispose or possess hand grenade(s), rifle grenade(s), and
other firearm of similar firepower, part of firearm, other explosives, including but not limited to 'pillbox,'
ammunition, or machinery, tool or instrument used or 'molotov cocktail bombs,' 'fire bombs,' or other incendiary
intended to be used in the manufacture of any firearm or devices capable of producing destructive effect on
ammunition: Provided, That no other crime was contiguous objects or causing injury or death to any
committed. person.

"The penalty of prision mayor in its minimum period and a "When a person commits any of the crimes defined in the
fine of Thirty thousand pesos (P30,000) shall be imposed Revised Penal Code or special laws with the use of the
if the firearm is classified as high powered firearm which aforementioned explosives, detonation agents or
includes those with bores bigger in diameter than .38 incendiary devices, which results in the death of any
caliber and 9 millimeter such as caliber .40, .41, .44, .45 person or persons, the use of such explosives, detonation
and also lesser calibered firearms but considered powerful agents or incendiary devices shall be considered as an
such as caliber .357 and caliber .22 center-fire magnum aggravating circumstance.
and other firearms with firing capability of full automatic
and by burst of two or three: Provided, however, That no "If the violation of this Sec. is in furtherance of, or incident
other crime was committed by the person arrested. to, or in connection with the crime of rebellion,
insurrection, sedition or attempted coup d'etat, such
"If homicide or murder is committed with the use of an violation shall be absorbed as an element of the crimes of
unlicensed firearm, such use of an unlicensed firearm shall rebellion, insurrection, sedition or attempted coup d'etat.
be considered as an aggravating circumstance.
"The same penalty shall be imposed upon the owner, AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON
president, manager, director or other responsible officer FIREARMS AND AMMUNITION AND PROVIDING PENALTIES
of any public or private firm, company, corporation or FOR VIOLATIONS THEREOF
entity, who shall willfully or knowingly allow any of the
explosives owned by such firm, company, corporation or ARTICLE I
entity, to be used by any person or persons found guilty of
violating the provisions of the preceding paragraphs." TITLE, DECLARATION OF POLICY AND
DEFINITION OF TERMS
Section 3. Sec. 5 of Presidential Decree No. 1866, as
amended, is hereby further amended to read as follows: SECTION 1. Short Title. – This Act shall be known as the
“Comprehensive Firearms and Ammunition Regulation
"Sec. 5. Tampering of firearm's serial number. – The Act”.
penalty of prision correccional shall be imposed upon any
person who shall unlawfully tamper, change, deface or SEC. 2. Declaration of State Policy. – It is the policy of the
erase the serial number of any firearm." State to maintain peace and order and protect the people
against violence. The State also recognizes the right of its
Section 4. Sec. 6 of Presidential Decree No. 1866, as qualified citizens to self-defense through, when it is the
amended, is hereby further amended to read as follows: reasonable means to repel the unlawful aggression under
the circumstances, the use of firearms. Towards this end,
"Sec. 6. Repacking or altering the composition of lawfully the State shall provide for a comprehensive law regulating
manufactured explosives. – The penalty of prision the ownership, possession, carrying, manufacture, dealing
correccional shall be imposed upon any person who shall in and importation of firearms, ammunition, or parts
unlawfully repack, alter or modify the composition of any thereof, in order to provide legal support to law
lawfully manufactured explosives." enforcement agencies in their campaign against crime,
stop the proliferation of illegal firearms or weapons and
Section 5. Coverage of the Term Unlicensed Firearm. – The the illegal manufacture of firearms or weapons,
term unlicensed firearm shall include: ammunition and parts thereof.

1) firearms with expired license; or SEC. 3. Definition of Terms. – As used in this Act:

2) unauthorized use of licensed firearm in the commission (a) Accessories refer to parts of a firearm which may
of the crime. enhance or increase the operational efficiency or accuracy
of a firearm but will not constitute any of the major or
xxx minor internal parts thereof such as, hut not limited to,
laser scope, telescopic sight and sound suppressor or
Approved: June 6, 1997. silencer.

(b) Ammunition refers to a complete unfixed unit


consisting of a bullet, gunpowder, cartridge case and
primer or loaded shell for use in any firearm.

(c) Antique firearm refers to any: (1) firearm which was


manufactured at least seventy-five (75) years prior to the
current date but not including replicas; (2) firearm which
is certified by the National Museum of the Philippines to
be curio or relic of museum interest; and (3) any other
firearm which derives a substantial part of its monetary
value from the fact that it is novel, rare, bizarre or because
of its association with some historical figure, period or
[REPUBLIC ACT NO. 10591] event.

(d) Arms smuggling refers to the import, export,


acquisition, sale, delivery, movement or transfer of
firearms, their parts and components and ammunition, projectile, which is discharged by means of expansive
from or across the territory of one country to that of force of gases from burning gunpowder or other form of
another country which has not been authorized in combustion or any similar instrument or implement. For
accordance with domestic law in either or both purposes of this Act, the barrel, frame or receiver is
country/countries. considered a firearm.

(e) Authority to import refers to a document issued by the (m) Firearms Information Management System
Chief of the Philippine National Police (PNP) authorizing (FIMS) refers to the compilation of all data and
the importation of firearms, or their parts, ammunition information on firearms ownership and disposition for
and other components. record purposes.

(f) Authorized dealer refers to any person, legal entity, (n) Forfeited firearm refers to a firearm that is subject to
corporation, partnership or business entity duly licensed forfeiture by reason of court order as accessory penalty or
by the Firearms and Explosive Office (FEO) of the PNP to for the disposition by the FEO of the PNP of firearms
engage in the business of buying and selling ammunition, considered as abandoned, surrendered, confiscated or
firearms or parte thereof, at wholesale or retail basis. revoked in compliance with existing rules and regulations.

(g) Authorized importer refers to any person, legal entity, (o) Gun club refers to an organization duly registered with
corporation, partnership or business duly licensed by the and accredited in good standing by the FEO of the PNP
FEO of the PNP to engage in the business of importing which is established for the purpose of propagating
ammunition and firearms, or parts thereof into the responsible and safe gun ownership, proper appreciation
territory of the Republic of the Philippines for purposes of and use of firearms by its members, for the purpose of
sale or distribution under the provisions of this Act. sports and shooting competition, self-defense and
collection purposes.
(h) Authorized manufacturer refers to any person, legal
entity, corporation, or partnership duly licensed by the (p) Gunsmith refers to any person, legal entity,
FEO of the PNP to engage in the business of manufacturing corporation, partnership or business duly licensed by the
firearms, and ammunition or parts thereof for purposes of FEO of the PNP to engage in the business of repairing
sale or distribution. firearms and other weapons or constructing or assembling
firearms and weapons from finished or manufactured
(i) Confiscated firearm refers to a firearm that is taken into parts thereof on a per order basis and not in commercial
custody by the PNP, National Bureau of Investigation quantities or of making minor parts for the purpose of
(NBI), Philippine Drug Enforcement Agency (PDEA), and all repairing or assembling said firearms or weapons.
other law enforcement agencies by reason of their
mandate and must be necessarily reported or turned over (q) Imitation firearm refers to a replica of a firearm, or
to the PEO of the PNP. other device that is so substantially similar in coloration
and overall appearance to an existing firearm as to lead a
(j) Demilitarized firearm refers to a firearm deliberately reasonable person to believe that such imitation firearm
made incapable of performing its main purpose of firing a is a real firearm.
projectile.
(r) Licensed citizen refers to any Filipino who complies
(k) Duty detail order refers to a document issued by the with the qualifications set forth in this Act and duly issued
juridical entity or employer wherein the details of the with a license to possess or to carry firearms outside of the
disposition of firearm is spelled-out, thus indicating the residence in accordance with this Act.
name of the employee, the firearm information, the
specific duration and location of posting or assignment (s) Licensed, juridical entity refers to corporations,
and the authorized bonded firearm custodian for the organizations, businesses including security agencies and
juridical entity to whom such firearm is turned over after local government units (LGUs) which are licensed to own
the lapse of the order. and possess firearms in accordance with this Act.

(l) Firearm refers to any handheld or portable weapon, (t) Light weapons are: Class-A Light weapons which refer
whether a small arm or light weapon, that expels or is to self-loading pistols, rifles and carbines, submachine
designed to expel a bullet, shot, slug, missile or any guns, assault rifles and light machine guns not exceeding
caliber 7.62MM which have fully automatic mode; and (bb) Shooting range refers to a facility established for the
Class-B Light weapons which refer to weapons designed purpose of firearms training and skills development,
for use by two (2) or more persons serving as a crew, or firearm testing, as well as for sports and competition
rifles and machine guns exceeding caliber 7.62MM such as shooting either for the exclusive use of its members or
heavy machine guns, handheld underbarrel and mounted open to the general public, duly registered with and
grenade launchers, portable anti-aircraft guns, portable accredited in good standing by the FEO of the PNP.
anti-tank guns, recoilless rifles, portable launchers of anti-
tank missile and rocket systems, portable launchers of (cc) Short certificate of registration refers to a certificate
anti-aircraft missile systems, and mortars of a caliber of issued by the FEO of the PNP for a government official or
less than 100MM. employee who was issued by his/her employer
department, agency or government-owned or -controlled
(u) Long certificate of registration refers to licenses issued corporation a firearm covered by the long certificate of
to government agencies or offices or government-owned registration.
or -controlled corporations for firearms to be used by their
officials and employees who are qualified to possess (dd) Small arms refer to firearms intended to be or
firearms as provider in this Act, excluding security guards. primarily designed for individual use or that which is
generally considered to mean a weapon intended to be
(v) Loose firearm refers to an unregistered firearm, an fired from the hand or shoulder, which are not capable of
obliterated or altered firearm, firearm which has been lost fully automatic bursts of discharge, such as:
or stolen, illegally manufactured firearms, registered
firearms in the possession of an individual other than the (1) Handgun which is a firearm intended to be fired from
licensee and those with revoked licenses in accordance the hand, which includes:
with the rules and regulations.
(i) A pistol which is a hand-operated firearm having a
(w) Major part or components of a firearm refers to the chamber integral with or permanently aligned with the
barrel, slide, frame, receiver, cylinder or the bolt bore which may be self-loading; and
assembly. The term also includes any part or kit designed
and intended for use in converting a semi-automatic burst (ii) Revolver which is a hand-operated firearm with a
to a full automatic firearm. revolving cylinder containing chambers for individual
cartridges.
(x) Minor parts of a firearm refers to the parts of the
firearm other than the major parts which are necessary to (2) Rifle which is a shoulder firearm or designed to be fired
effect and complete the action of expelling a projectile by from the shoulder that can discharge a bullet through a
way of combustion, except those classified as accessories. rifled barrel by different actions of loading, which may be
classified as lever, bolt, or self-loading; and
(y) Permit to carry firearm outside of residence refers to a
written authority issued to a licensed citizen by the Chief (3) Shotgun which is a weapon designed, made and
of the PNP which entitles such person to carry his/her intended to fire a number of ball shots or a single
registered or lawfully issued firearm outside of the projectile through a smooth bore by the action or energy
residence for the duration and purpose specified in the from burning gunpowder.
authority.
(ee) Sports shooting competition refers to a defensive,
(z) Permit to transport firearm refers to a written authority precision or practical sport shooting competition duly
issued to a licensed citizen or entity by the Chief of the authorized by the FEO of the PNP.
PNP or by a PNP Regional Director which entitles such
person or entity to transport a particular firearm from and (ff) Tampered, obliterated or altered firearm refers to any
to a specific location within the duration and purpose in firearm whose serial number or other identification or
the authority. ballistics characteristics have been intentionally tampered
with, obliterated or altered without authority or in order
(aa) Residence refers to the place or places of abode of the to conceal its source, identity or ownership.
licensed citizen as indicated in his/her license.
(gg) Thermal weapon sight refers to a battery operated,
uncooled thermal imaging device which amplifies
available thermal signatures so that the viewed scene qualify the accused thereof to qualify and acquire a
becomes clear to the operator which is used to locate and license.
engage targets during daylight and from low light to total
darkness and operates in adverse conditions such as light The applicant shall pay the reasonable licensing fees as
rain, light snow, and dry smoke or in conjunction with may be provided in the implementing rules and
other optical and red dot sights. regulations of this Act.

ARTICLE II An applicant who intends to possess a firearm owned by a


juridical entity shall submit his/her duty detail order to the
OWNERSHIP AND POSSESSION OF FIREARMS FEO of the PNP.

SEC. 4. Standards and Requisites for Issuance of and SEC. 5. Ownership of Firearms and Ammunition by a
Obtaining a License to Own and Possess Firearms. – In Juridical Entity. – A juridical person maintaining its own
order to qualify and acquire a license to own and possess security force may be issued a regular license to own and
a firearm or firearms and ammunition, the applicant must possess firearms and ammunition under the following
be a Filipino citizen, at least twenty-one (21) years old and conditions:
has gainful work, occupation or business or has filed an
Income Tax Return (ITR) for the preceding year as proof of (a) It must be Filipino-owned and duly registered with the
income, profession, business or occupation. Securities and Exchange Commission (SEC);

In addition, the applicant shall submit the following (b) It is current, operational and a continuing concern;
certification issued by appropriate authorities attesting
the following: (c) It has completed and submitted all its reportorial
requirements to the SEC; and
(a) The applicant has not been convicted of any crime
involving moral turpitude: (d) It has paid all its income taxes for the year, as duly
certified by the Bureau of Internal Revenue.
(b) The applicant has passed the psychiatric test
administered by a PNP-accredited psychologist or The application shall be made in the name of the juridical
psychiatrist; person represented by its President or any of its officers
mentioned below as duly authorized in a board resolution
(c) The applicant has passed the drug test conducted by to that effect: Provided, That the officer applying for the
an accredited and authorized drug testing laboratory or juridical entity, shall possess all the qualifications required
clinic; of a citizen applying for a license to possess firearms.

(d) The applicant has passed a gun safety seminar which is Other corporate officers eligible to represent the juridical
administered by the PNP or a registered and authorized person are: the vice president, treasurer, and board
gun club; secretary.

(e) The applicant has filed in writing the application to Security agencies and LGUs shall be included in this
possess a registered firearm which shall state the personal category of licensed holders but shall be subject to
circumstances of the applicant; additional requirements as may be required by the Chief
of the PNP.
(f) The applicant must present a police clearance from the
city or municipality police office; and SEC. 6. Ownership of Firearms by the National
Government. – All firearms owned by the National
(g) The applicant has not been convicted or is currently an Government shall be registered with the FEO of the PNP
accused in a pending criminal case before any court of law in the name of the Republic of the Philippines. Such
for a crime that is punishable with a penalty of more than registration shall be exempt from all duties and taxes that
two (2) years. may otherwise be levied on other authorized owners of
firearms. For reason of national security, firearms of the
For purposes of this Act, an acquittal or permanent Armed Forces of the Philippines (AFP), Coast Guard and
dismissal of a criminal case before the courts of law shall
other law enforcement agencies shall only be reported to Type 1 license – allows a citizen to own and possess a
the FEO of the PNP. maximum of two (2) registered firearms;

SEC. 7. Carrying of Firearms Outside of Residence or Place Type 2 license – allows a citizen to own and possess a
of Business. – A permit to carry firearms outside of maximum of five (5) registered firearms;
residence shall be issued by the Chief of the PNP or his/her
duly authorized representative to any qualified person Type 3 license – allows a citizen to own and possess a
whose life is under actual threat or his/her life is in maximum of ten (10) registered firearms;
imminent danger due to the nature of his/her profession,
occupation or business. Type 4 license – allows a citizen to own and possess a
maximum of fifteen (15) registered firearms; and
It shall be the burden of the applicant to prove that his/her
life is under actual threat by submitting a threat Type 5 license – allows a citizen, who is a certified gun
assessment certificate from the PNP. collector, to own and possess more than fifteen (15)
registered firearms.
For purposes of this Act, the following professionals are
considered to be in imminent danger due to the nature of For Types 1 to 5 licenses, a vault or a container secured by
their profession, occupation or business: lock and key or other security measures for the
safekeeping of firearms shall be required.
(a) Members of the Philippine Bar;
For Types 3 to 5 licenses, the citizen must comply with the
(b) Certified Public Accountants; inspection and bond requirements.

(c) Accredited Media Practitioners; SEC. 10. Firearms That May Be Registered. – Only small
arms may be registered by licensed citizens or licensed
(d) Cashiers, Bank Tellers; juridical entities for ownership, possession and concealed
carry. A light weapon shall be lawfully acquired or
(e) Priests, Ministers, Rabbi, Imams; possessed exclusively by the AFP, the PNP and other law
enforcement agencies authorized by the President in the
(f) Physicians and Nurses; performance of their duties: Provided, That private
individuals who already have licenses to possess Class-A
(g) Engineers; and light weapons upon the effectivity of this Act shall not be
deprived of the privilege to continue possessing the same
(h) Businessmen, who by the nature of their business or and renewing the licenses therefor, for the sole reason
undertaking, are exposed to high risk of being targets of that these firearms are Class “A” light weapons, and shall
criminal elements. be required to comply with other applicable provisions of
this Act.
ARTICLE III
SEC. 11. Registration of Firearms. – The licensed citizen or
REGISTRATION AND LICENSING licensed juridical entity shall register his/her/its firearms
so purchased with the FEO of the PNP in accordance with
SEC. 8. Authority to Issue License. – The Chief of the PNP, the type of license such licensed citizen or licensed
through the FEO of the PNP, shall issue licenses to juridical entity possesses. A certificate of registration of
qualified individuals and to cause the registration of the firearm shall be issued upon payment of reasonable
firearms. fees.

SEC. 9. Licenses Issued to Individuals. – Subject to the For purposes of this Act, registration refers to the
requirements set forth in this Act and payment of required application, approval, record-keeping and monitoring of
fees to be determined by the Chief of the PNP, a qualified firearms with the FEO of the PNP in accordance with the
individual may be issued the appropriate license under the type of license issued to any person under Section 9 of this
following categories; Act.
SEC. 12. License to Possess Ammunition Necessarily SEC. 14. Scope of License to Manufacture Firearms and
Included. – The licenses granted to qualified citizens or Ammunition. – The scope of the License to Manufacture
juridical entities as provided in Section 9 of this Act shall firearms and ammunition shall also include the following:
include the license to possess ammunition with a
maximum of fifty (50) rounds for each registered (a) The authority to manufacture and assemble firearms,
firearm: Provided; That the FEO of the PNP may allow ammunition, spare parts and accessories, ammunition
more ammunition to be possessed by licensed sports components, and reloading of ammunitions, within sites,
shooters. areas, and factories stated therein. The Secretary of the
DILG shall approve such license;
SEC. 13. Issuance of License to Manufacture or Deal In
Firearms and Ammunition. – Any person desiring to (b) The license to deal in or sell all the items covered by
manufacture or deal in firearms, parts of firearms or the License to Manufacture, such as parts, firearms or
ammunition thereof, or instruments and implements used ammunition and components;
or intended to be used in the manufacture of firearms,
parts of firearms or ammunition, shall make an application (c) The authority to subcontract the manufacturing of
to: parts and accessories necessary for the firearms which the
manufacturer is licensed to manufacture: Provided, That
(a) The Secretary of the Department of the Interior and the subcontractor of major parts or major components is
Local Government (DILG) in the case of an application for also licensed to manufacture firearms and ammunition;
a license to manufacture; and and

(b) The Chief of the PNP in the case of a license to deal in (d) The authority to import machinery, equipment, and
firearms and firearms parts, ammunition and gun repair. firearm parts and ammunition components for the
manufacture thereof. Firearm parts and ammunition
The applicant shall state the amount of capitalization for components to be imported shall, however, be limited to
manufacture or cost of the purchase and sale of said those authorized to be manufactured as reflected in the
articles intended to be transacted by such applicant; and approved License to Manufacture. The Import Permit shall
the types of firms, ammunition or implements which the be under the administration of the PNP.
applicant intends to manufacture or purchase and sell
under the license applied for; and such additional A licensed manufacturer of ammunition is also entitled to
information as may be especially requested by the import various reference firearms needed to test the
Secretary of the DILG or the Chief of the PNP. ammunition manufactured under the License to
Manufacture. A licensed manufacturer of firearms, on the
The Secretary of the DILG or the Chief of the PNP may other hand, is entitled to import various firearms for
approve or disapprove such application based on the reference, test and evaluation for manufacture of similar,
prescribed guidelines. In the case of approval, the types of firearms covered by the License to Manufacture.
Secretary of the DILG or the Chief of the PNP shall indicate
the amount of the bond to be executed by the applicant An export permit shall, however, be necessary to export
before the issuance of the license and the period of time manufactured parts or finished products of firearms and
by which said license shall be effective, unless sooner ammunition. The Export Permit of firearms and
revoked by their authority. ammunition shall be under the administration of the PNP.

Upon approval of the license to manufacture or otherwise SEC. 15. Registration of Locally Manufactured and
deal in firearms by the Secretary of the DILG or the Chief Imported Firearms. – Local manufacturers and importers
of the PNP as the case may be, the same shall be of firearms and major parts thereof shall register the same
transmitted to the FEO of the PNP which shall issue the as follows:
license in accordance with the approved terms and
conditions, upon the execution and delivery by the (a) For locally manufactured firearms and major parts
applicant of the required bond conditioned upon the thereof, the initial registration shall be done at the
faithful compliance on the part of the licensee to the laws manufacturing facility:Provided, That firearms intended
and regulations relative to the business licensed. for export shall no longer be subjected to ballistic
identification procedures; and
(b) For imported firearms and major parts thereof, the importer of firearms and ammunition during reasonable
registration shall be done upon arrival at the FEO of the hours.
PNP storage facility.
ARTICLE IV
SEC. 16. License and Scope of License to Deal. – The
License to Deal authorizes the purchase, sale and general ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
business in handling firearms and ammunition, major and DEMILITARIZED AND ANTIQUE FIREARMS
minor parts of firearms, accessories, spare parts,
components, and reloading machines, which shall be SEC. 21. Acquisition or Purchase and Sale of Firearms and
issued by the Chief of the PNP. Ammunition. – Firearms and ammunition may only be
acquired or purchased from authorized dealers, importers
SEC. 17. License and Scope of License for Gunsmiths. – The or local manufacturers and may be transferred or sold
license for gunsmiths shall allow the grantee to repair only from a licensed citizen or licensed juridical entity to
registered firearms. The license shall include another licensed citizen or licensed juridical
customization of firearms from finished or manufactured entity: Provided, That, during election periods, the sale
parts thereof on per order basis and not in commercial and registration of firearms and ammunition and the
quantities and making the minor parts thereof, i.e. pins, issuance of the corresponding licenses to citizens shall be
triggers, trigger bows, sights and the like only for the allowed on the condition that the transport or delivery
purpose of repairing the registered firearm. The license thereof shall strictly comply with the issuances,
for gunsmiths shall be issued by the Chief of the PNP. resolutions, rules and regulations promulgated by the
Commission on Elections.
SEC. 18. Firearms for Use in Sports and
Competitions. – A qualified individual shall apply for a SEC. 22. Deposit of Firearms by Persons Arriving
permit to transport his/her registered firearm/s from From Abroad. – A person arriving in the Philippines who is
his/her residence to the firing range/s and competition legally in possession of any firearm or ammunition in
sites as may be warranted. his/her country of origin and who has declared the
existence of the firearm upon embarkation and
SEC. 19. Renewal of Licenses and Registration. – All types disembarkation but whose firearm is not registered in the
of licenses to possess a firearm shall be renewed every Philippines in accordance with this Act shall deposit the
two (2) years. Failure to renew the license on or before the same upon written receipt with the Collector of Customs
date of its expiration shall cause the revocation of the for delivery to the FEO of the PNP for safekeeping, or for
license and of the registration of the firearm/s under said the issuance of a permit to transport if the person is a
licensee. competitor in a sports shooting competition. If the
importation of the same is allowed and the party in
The registration of the firearm shall be renewed every four question desires to obtain a domestic firearm license, the
(4) years. Failure to renew the registration of the firearm same should be undertaken in accordance with the
on or before the date of expiration shall cause the provisions of this Act. If no license is desired or leave to
revocation of the license of the firearm. The said firearm import is not granted, the firearm or ammunition in
shall be confiscated or forfeited in favor of the question shall remain in the custody of the FEO of the PNP
government after due process. until otherwise disposed of in-accordance with law.

The failure to renew a license or registration within the SEC. 23. Return of Firearms to Owner upon Departure from
periods stated above on two (2) occasions shall cause the the Philippines. – Upon the departure from the Philippines
holder of the firearm to be perpetually disqualified from of any person whose firearm or ammunition is in the
applying for any firearm license. The application for the custody of the FEO of the PNP, the same shall, upon timely
renewal of the license or registration may be submitted to request, be delivered to the person through the Collector
the FEO of the PNP, within six (6) months before the date of Customs. In the case of a participant in a local sports
of the expiration of such license or registration. shooting competition, the firearm must be presented to
the Collector of Customs before the same is allowed to be
SEC. 20. Inspection and Inventory. – The Chief of the PNP loaded on board the carrier on which the person is to
or his/her authorized representative shall require the board.
submission of reports, inspect or examine the inventory
and records of a licensed manufacturer, dealer or
SEC. 24. Safekeeping of Firearms and Ammunition. – Any (c) The penalty of prision mayor in its maximum period
licensee may deposit a registered firearm to the FEO of the shall be imposed upon any person who shall unlawfully
PNP, or any Police Regional Office for safekeeping. acquire or possess a Class-A light weapon;
Reasonable fees for storage shall be imposed.
(d) The penalty of reclusion perpetua shall be imposed
SEC. 25. Abandoned Firearms and Ammunition. – Any upon any person who shall, unlawfully acquire or possess
firearm or ammunition deposited in the custody of the a Class-B light weapon;
FEO of the PNP pursuant to the provisions of this Act, shall
be deemed to have been abandoned by the owner or (e) The penalty of one (1) degree higher than that
his/her authorized representative if he/she failed to provided in paragraphs (a) to (c) in this section shall be
reclaim the same within five (5) years or failed to advise imposed upon any person who shall unlawfully possess
the FEO of the PNP of the disposition to be made thereof. any firearm under any or combination of the following
Thereafter, the FEO of the PNP may dispose of the same conditions:
after compliance with established procedures.
(1) Loaded with ammunition or inserted with a loaded
SEC. 26. Death or Disability of Licensee. – Upon the death magazine;
or legal disability of the holder of a firearm license, it shall
be the duty of his/her next of kin, nearest relative, legal (2) Fitted or mounted with laser or any gadget used to
representative, or other person who shall knowingly come guide the shooter to hit the target such as thermal
into possession of such firearm or ammunition, to deliver weapon sight (TWS) and the like;
the same to the FEO of the PNP or Police Regional Office,
and such firearm or ammunition shall be retained by the (3) Fitted or mounted with sniper scopes, firearm muffler
police custodian pending the issuance of a license and its or firearm silencer;
registration in accordance, with this Act. The failure to
deliver the firearm or ammunition within six (6) months (4) Accompanied with an extra barrel; and
after the death or legal disability of the licensee shall
render the possessor liable for illegal possession of the (5) Converted to be capable of firing full automatic bursts.
firearm.
(f) The penalty of prision mayor in its minimum period
SEC. 27. Antique Firearm. – Any person who possesses an shall be imposed upon any person who shall unlawfully
antique firearm shall register the same and secure a acquire or possess a major part of a small arm;
collector’s license from the FEO of the PNP. Proper storage
of antique firearm shall be strictly imposed. (g) The penalty of prision mayor in its minimum period
Noncompliance of this provision shall be considered as shall be imposed upon any person who shall unlawfully
illegal possession of the firearm as penalized in this Act. acquire or possess ammunition for a small arm or Class-A
light weapon. If the violation of this paragraph is
ARTICLE V committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former
PENAL PROVISIONS violation shall be absorbed by the latter;

SEC. 28. Unlawful Acquisition, or Possession of Firearms (h) The penalty of prision mayor in its medium period shall
and Ammunition. – The unlawful acquisition, possession be imposed upon any person who shall unlawfully acquire
of firearms and ammunition shall be penalized as follows: or possess a major part of a Class-A light weapon;

(a) The penalty of prision mayor in its medium period shall (i) The penalty of prision mayor in its medium period shall
be imposed upon any person who shall unlawfully acquire be imposed upon any person who shall unlawfully acquire
or possess a small arm; or possess ammunition for a Class-A light weapon. If the
violation of this paragraph is committed by the same
(b) The penalty of reclusion temporal to reclusion person charged with the unlawful acquisition or
perpetua shall be imposed if three (3) or more small arms possession of a Class-A light weapon, the former violation
or Class-A light weapons are unlawfully acquired or shall be absorbed by the latter;
possessed by any person;
(j) The penalty of prision mayor in its maximum period authority to be carried outside of their residence in the
shall be imposed upon any person who shall unlawfully course of their employment.
acquire or possess a major part of a Class-B light weapon;
and SEC. 31. Absence of Permit to Carry Outside of Residence. –
The penalty of prision correccional and a fine of Ten
(k) The penalty of prision mayor in its maximum period thousand pesos (P10,000.00) shall be imposed upon any
shall be imposed upon any person who shall unlawfully person who is licensed to own a firearm but who shall
acquire or possess ammunition for a Class-B light weapon. carry the registered firearm outside his/her residence
If the violation of this paragraph is committed by the same without any legal authority therefor.
person charged with the unlawful acquisition or
possession of a Class-B light weapon, the former violation SEC. 32. Unlawful Manufacture, Importation, Sale or
shall be absorbed by the latter. Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be
SEC. 29. Use of Loose Firearm in the Commission of a Used in the Manufacture of Firearms, Ammunition or Parts
Crime. – The use of a loose firearm, when inherent in the Thereof. – The penalty of reclusion temporal to reclusion
commission of a crime punishable under the Revised Penal perpetua shall be imposed upon any person who shall
Code or other special laws, shall be considered as an unlawfully engage in the manufacture, importation, sale
aggravating circumstance: Provided,That if the crime or disposition of a firearm or ammunition, or a major part
committed with the use of a loose firearm is penalized by of a firearm or ammunition, or machinery, tool or
the law with a maximum penalty which is lower than that instrument used or intended to be used by the same
prescribed in the preceding section for illegal possession person in the manufacture of a firearm, ammunition, or a
of firearm, the penalty for illegal possession of firearm major part thereof.
shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed The possession of any machinery, tool or instrument used
with the use of a loose firearm is penalized by the law with directly in the manufacture of firearms, ammunition, or
a maximum penalty which is equal to that imposed under major parts thereof by any person whose business,
the preceding section for illegal possession of firearms, employment or activity does not lawfully deal with the
the penalty of prision mayor in its minimum period shall possession of such article, shall beprima facie evidence
be imposed in addition to the penalty for the crime that such article is intended to be used in the unlawful or
punishable under the Revised Penal Code or other special illegal manufacture of firearms, ammunition or parts
laws of which he/she is found guilty. thereof.

If the violation of this Act is in furtherance of, or incident The penalty of prision mayor in its minimum period
to, or in connection with the crime of rebellion of to prision mayor in its medium period shall be imposed
insurrection, or attemptedcoup d’ etat, such violation upon any laborer, worker or employee of a licensed
shall be absorbed as an element of the crime of rebellion firearms dealer who shall unlawfully take, sell or otherwise
or insurrection, or attempted coup d’ etat. dispose of parts of firearms or ammunition which the
company manufactures and sells, and other materials
If the crime is committed by the person without using the used by the company in the manufacture or sale of
loose firearm, the violation of this Act shall be considered firearms or ammunition. The buyer or possessor of such
as a distinct and separate offense. stolen part or material, who is aware that such part or
material was stolen, shall suffer the same penalty as the
SEC. 30. Liability of Juridical Person. – The penalty laborer, worker or employee.
of prision mayor in its minimum to prision mayor in its
medium period shall be imposed upon the owner, If the violation or offense is committed by a corporation,
president, manager, director or other responsible officer partnership, association or other juridical entity, the
of/any public or private firm, company, corporation or penalty provided for in this section shall be imposed upon
entity who shall willfully or knowingly allow any of the the directors, officers, employees or other officials or
firearms owned by such firm, company, corporation or persons therein who knowingly and willingly participated
entity to be used by any person or persons found guilty of in the unlawful act.
violating the provisions of the preceding section, or
willfully or knowingly allow any of them to use SEC. 33. Arms Smuggling. – The penalty of reclusion
unregistered firearm or firearms without any legal perpetua shall be imposed upon any person who shall
engage or participate in arms smuggling as defined in this SEC. 38. Liability for Planting Evidence. – The penalty
Act. of prision mayor in its maximum period shall be imposed
upon any person who shall willfully and maliciously insert;
SEC. 34. Tampering, Obliteration or Alteration of Firearms place, and/or attach, directly or indirectly, through any
Identification. – The penalty of prision overt or covert act, any firearm, or ammunition, or parts
correccional to prision mayor in its minimum period shall thereof in the person, house, effects, or in the immediate
be imposed upon any person who shall tamper, obliterate vicinity of an innocent individual for the purpose of
or alter without authority the barrel, slide, frame, receiver, implicating or incriminating the person, or imputing the
cylinder, or bolt assembly, including the name of the commission of any violation of the provisions of this Act to
maker, model, or serial number of any firearm, or who said individual. If the person found guilty under this
shall replace without authority the barrel, slide, frame, paragraph is a public officer or employee, such person
receiver, cylinder, or bolt assembly, including its individual shall suffer the penalty of reclusion perpetua.
or peculiar identifying characteristics essential in forensic
examination of a firearm or light weapon. SEC. 39. Grounds for Revocation, Cancellation or
Suspension of License or Permit. – The Chief of the PNP or
The PNP shall place this information, including its his/her authorized representative may revoke, cancel or
individual or peculiar identifying characteristics into the suspend a license or permit on the following grounds:
database of integrated firearms identification system of
the PNP Crime Laboratory for future use and identification (a) Commission of a crime or offense involving the firearm,
of a particular firearm. ammunition, of major parts thereof;

SEC. 35. Use of an Imitation Firearm. – An imitation (b) Conviction of a crime involving moral turpitude or any
firearm used in the commission of a crime shall be offense where the penalty carries an imprisonment of
considered a real firearm as defined in this Act and the more than six (6) years;
person who committed the crime shall be punished in
accordance with this Act: Provided, That injuries caused (c) Loss of the firearm, ammunition, or any parts thereof
on the occasion of the conduct of competitions, sports, through negligence;
games, or any recreation activities involving imitation
firearms shall not be punishable under this Act. (d) Carrying of the firearm, ammunition, or major parts
thereof outside of residence or workplace without, the
SEC. 36. In Custodia Legis. – During the pendency of any proper permit to carry the same;
case filed in violation of this Act, seized firearm,
ammunition, or parts thereof, machinery, tools or (e) Carrying of the firearm, ammunition, or major parts
instruments shall remain in the custody of the court. If the thereof in prohibited places;
court decides that it has no adequate means to safely keep
the same, the court shall issue an order to turn over to the (f) Dismissal for cause from the service in case of
PNP Crime Laboratory such firearm, ammunition, or parts government official and employee;
thereof, machinery, tools or instruments in its custody
during the pendency of the case and to produce the same (g) Commission of any of the acts penalized under
to the court when so ordered. No bond shall be admitted Republic Act No. 9165, otherwise known as the
for the release of the firearm, ammunition or parts “Comprehensive Dangerous Drugs Act of 2002”;
thereof, machinery, tool or instrument. Any violation of
this paragraph shall be punishable by prision mayor in its (h) Submission of falsified documents or
minimum period to prision mayor in its medium period. misrepresentation in the application to obtain a license or
permit;
SEC. 37. Confiscation and Forfeiture. – The imposition of
penalty for any violation of this Act shall carry with it the (i) Noncompliance of reportorial requirements; and
accessory penalty of confiscation and forfeiture of the
firearm, ammunition, or parts thereof, machinery, tool or (j) By virtue of a court order.
instrument in favor of the government which shall be
disposed of in accordance with law. SEC. 40. Failure to Notify Lost or Stolen Firearm or Light
Weapon. – A fine of Ten thousand pesos (P10,000.00)
shall be imposed upon any licensed firearm holder who
fails to report to the FEO of the PNP that the subject any delinquent payment accruing to the firearm subject
firearm has been lost or stolen within a period of thirty for registration. The PNP shall conduct an intensive
(30) days from the date of discovery. nationwide campaign to ensure that the general public is
properly informed of the provisions of this Act.
Likewise, a fine of Five thousand pesos (P5,000.00) shall
be imposed upon any person holding a valid firearm SEC. 44. Implementing Rules and Regulations. – Within
license who changes residence or office address other one hundred twenty (120) days from the effectivity of this
than that indicated in the license card and fails within a Act, the Chief of the PNP, after public hearings and
period of thirty (30) days from said transfer to notify the consultation with concerned sectors of society shall
FEO of the PNP of such change of address. formulate the necessary rules and regulations for the
effective implementation of this Act to be published in at
SEC. 41. Illegal Transfer/Registration of Firearms. – It shall least two (2) national newspapers of general circulation.
be unlawful to transfer possession of any firearm to any
person who has not yet obtained or secured the necessary SEC. 45. Repealing Clause. – This Act repeals Sections 1, 2,
license or permit thereof. 5 and 7 of Presidential Decree No. 1866, as amended, and
Section 6 of Republic Act No. 8294 and all other laws,
The penalty of prision correccional shall be imposed upon executive orders, letters of instruction, issuances,
any person who shall violate the provision of the circulars, administrative orders, rules or regulations that
preceding paragraph. In addition, he/she shall be are inconsistent herewith.
disqualified to apply for a license to possess other firearms
and all his/her existing firearms licenses whether for SEC. 46. Separability Clause. – If any provision of this Act
purposes of commerce or possession, shall be revoked. If or any part hereof is held invalid or unconstitutional, the
government-issued firearms, ammunition or major parts remainder of the law or the provision not otherwise
of firearms or light weapons are unlawfully disposed, sold affected shall remain valid and subsisting.
or transferred by any law enforcement agent or public
officer to private individuals, the penalty of reclusion SEC. 47. Effectivity. – This Act shall take effect after fifteen
temporal shall be imposed. (15) days from its publication in a newspaper of
nationwide circulation.
Any public officer or employee or any person who shall
facilitate the registration of a firearm through fraud, SALIENT FEATURES
deceit, misrepresentation or submission of falsified
documents shall suffer the penalty of prision correccional.
Among the salient features of the new firearms law is its
repeal of the sweeping “no other crime” clause under
ARTICLE VI
the Sec.1 of P.D. 1866 as amended by R.A. 8294. A person
FINAL PROVISIONS is not liable for violation of the old firearms law, (say,
illegal possession of firearm) if he also committed another
SEC. 42. Firearms Repository. – The FEO of the PNP shall crime (like violation of COMELEC gun ban or even a lighter
be the sole repository of all firearms records to include offense of Alarms and Scandals under the Revised Penal
imported and locally manufactured firearms and Code). Prior conviction in the “other crime” committed
ammunition. Within one (1) year upon approval of this will obliterate one’s otherwise separate liability under the
Act, all military and law enforcement agencies, firearms law. In the old law, what is punished is the “other
government agencies, LGUs and government-owned or - crime” regardless if the use or possession of firearms is
controlled corporations shall submit an inventory of all inherent or necessary in the commission of that “other
their firearms and ammunition to the PNP. crime”.
SEC. 43. Final Amnesty. – Persons in possession of
Under the new law, the rules are different. The penalty for
unregistered firearms and holders of expired license or
unregistered firearms shall register and renew the same violation of the new firearms law, particularly the use of
through the Final General Amnesty within six (6) months loose firearms(Loose firearm refers to an unregistered
from the promulgation of the implementing rules and firearm, an obliterated or altered firearm, firearm which
regulations of this Act. During the interim period of six (6) has been lost or stolen, illegally manufactured firearms,
months, no person applying for license shall be charged of registered firearms in the possession of an individual other
than the licensee and those with revoked licenses in occupation or business or has filed an income tax return
accordance with the rules and regulations) is not imposed for the preceding year as proof of income, profession,
only when the use of loose firearms is “inherent” in the business or occupation.
commission of the “other crime.” In such case, the use or
Repository of all firearms records: The PNP-FEO (Firearms
possession of loose firearms is merely considered as an
and Explosives Office), to include imported and locally
aggravating circumstance. Otherwise, the use or
manufactured firearms and ammunition.
possession of loose firearms and violation of other penal
law shall be treated as distinct crimes and will thus be Carrying of firearms outside residence or place of
punished separately. The new law expressly provides that business: The following are considered to be in imminent
“if the crime is committed without using the loose firearm, danger due to the nature of their profession, occupation
the violation of this Act [RA No. 10591] shall be considered or business: lawyers, CPAs, media practitioners, cashiers,
as a distinct and separate offense.” bank tellers, priests, ministers, rabbi, imams, physicians
and nurses, engineers and businessmen.
The new law further provides that if the crime committed
with the use of a loose firearm is penalized by the law with Formulation of implementing rules and regulations (IRR):
The PNP Chief formulates the IRR within 120 days after
a maximum penalty which is lower than that prescribed
effectivity of the law
for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed IN LIEU OF the Authority to import: A document issued by the Chief of the
penalty for the “other crime” charged. If the crime PNP authorizing the importation of firearms, or their
committed with the use of a loose firearm is penalized by parts, ammunition and other components.
the law with a maximum penalty which is equal to that
imposed under the preceding section for illegal possession Authorized dealer: Any person, legal entity, corporation,
of firearms, the penalty of prision mayor in its minimum partnership or business entity duly licensed by the FEO.
period shall be imposed IN ADDITION to the penalty for
the crime punishable under the Revised Penal Code or Authorized manufacturer: Any person, legal entity,
other special laws of which he/she is found guilty. corporation or partnership duly licensed by the FEO.

Confiscated firearm: A firearm that is taken into custody


Title: An Act Providing for a Comprehensive Law on by the PNP, National Bureau of Investigation, Philippine
Firearms and Ammunition and Providing Penalties for Drug Enforcement Agency (PDEA) and all
Violations Thereof; or the Comprehensive Firearms and other law enforcement agencies.
Ammunition Regulation Act
Passage by Congress: Feb. 4 and 5, by the Senate Confiscated firearm: A firearm that is seized by the PNP,
and House of Representatives, respectively NBI, PDEA and all other law enforcement agencies.

Approval by the President: May 29 ADVERTISEMENT Licensed juridical entity: Corporations,


Declaration of policy : Recognizes the right of qualified organizations, businesses, including security agencies and
citizens to self-defense through the use of firearms; local government units, which are licensed to own and
regulates ownership, possession, carrying, importation, possess firearms in accordance with this Act.
manufacture; stops proliferation of illegal firearms and
illegal manufacture, among other things. What may be licensed by qualified citizens or licensed
juridical entities: Only small arms.
Gun ownership by a juridical entity: SEC-registered
corporations, represented by the President or any officer How can one retain ownership of high-powered firearms?
based on a board resolution; local government units and Registration of unregistered firearms and renewal of
security agencies qualify as juridical entities subject to expired licenses, through a final general amnesty, without
additional requirements as may be required by the Chief making any delinquent payment and facing a
of the Philippine National Police. penalty. Private individuals who already have licenses to
possess Class A light weapons shall not be deprived of the
Who may get a license: Applicant must be a Filipino privilege to continue possessing the same and renewing
citizen, at least 21 years old and has gainful work, the license.
Possession of ammunition: License to possess up to 50
rounds for each registered firearm

How many licenses can be applied for?


Subject to the requirements set forth in this Act
and payment of required fees to be determined by the
Chief of the PNP, a qualified individual may be issued the
appropriate license under the following categories:
Type 1 license – maximum of 2 firearms
Type 2 license – maximum of 5
Type 3 license – maximum of 10
Type 4 license -maximum of 15
Type 5 license – allows a citizen, who is a certified gun
collector, to own and possess more than 15 firearms

Penal provisions: If the violation of this Act is in


furtherance of, or incident to, or in connection with the
crime of rebellion or insurrection, or attempted coup
d’etat, such violation shall be absorbed as an element of
the crime of rebellion or insurrection, or attempted coup
d’etat.

Final amnesty: Persons in possession of unregistered


firearms and holders of expired license or unregistered
firearms shall register and renew the same through the
final general amnesty within six months from the
promulgation of the implementing rules and regulations
of this Act. During the interim period of six months, no
person applying for license shall make a delinquent
payment accruing to the firearm subject for registration.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy