PRELIM NOTES

LAWS ON FIREARM AND EXPLOSIVES

 Act No. 2711, March 10, 1917 (Revised Administrative Code/RAC)

 P.D. No. 1866, June 26, 1983 - Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or
Disposition of Firearms, Ammunition or Explosives, and Imposing Stiffer Penalties for Certain Violations Thereof and for
Relevant Purposes.
 R.A. No. 8294, June 6, 1997 - Act amending the provisions of Presidential Decree No 1866
 R.A. No. 10591, May 29, 2013 - AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

REPUBLIC ACT NO. 10591: Definition of Terms

 Accessories - refers to parts of a firearm which may enhance or increase the operational efficiency or accuracy of a firearm but
will not constitute any of the major or minor internal parts thereof such as, but not limited to, laser scope, telescopic sight and
sound suppressor or silencer.

 Ammunition - refers to a complete unfired unit consisting of a bullet, gunpowder, cartridge case and primer or loaded shell for
use in any firearm.

 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 event.

 Arms Smuggling - refers to the import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts and
components and ammunition, from or across the territory of one country to that of another country which has not been
authorized in accordance with domestic law in either or both country/countries.

 Authority to Import - refers to a document issued by the Chief of the PNP authorizing the importation of firearms, or their
parts, ammunition and other components.

 Authorized Dealer - refers to any person, legal entity, corporation, partnership or business entity duly licensed by the Firearms
and Explosive Office of the PNP to engage in the business of buying and selling ammunition, firearms or part thereof, at
wholesale or retail basis.

 Authorized Importer - refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO of the
PNP to engage in the business of importing ammunition and firearms, or parts thereof into the territory of the Republic of the
Philippines for purposes of sale or distribution under the provisions of this Act.

 Authorized Manufacturer - refers to any person, legal entity, corporation, or partnership duly licensed by the FEO of the PNP
to engage in the business of manufacturing firearms, and ammunition or parts thereof for purposes of sale or distribution.

 Confiscated Firearm - refers to a firearm that is taken into custody by the PNP, National Bureau of Investigation (NBI),
Philippine Drug Enforcement Agency (PDEA), and all other law enforcement agencies by reason of their mandate and must be
necessarily reported or turned over to the PEO of the PNP.

 Demilitarized Firearm - refers to a firearm deliberately made incapable of performing its main purpose of firing a projectile.

 Firearms Information Management System - refers to the compilation of all data and information on firearms ownership and
disposition for record purposes.

 Forfeited Firearm - refers to a firearm that is subject to forfeiture by reason of court order as accessory penalty or for the
disposition by the FEO of the PNP of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with
existing rules and regulations

 Gun Club - refers to an organization duly registered with and accredited in good standing by the FEO of the PNP which is
established for the purpose of propagating responsible and safe gun ownership, proper appreciation and use of firearms by its
members, for the purpose of sports and shooting competition, self-defense and collection purposes.

 Gunsmith - refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to
engage in the business of repairing firearms and other weapons or constructing or assembling firearms and weapons from
finished or manufactured parts thereof on a per order basis and not in commercial quantities or of making minor parts for the
purpose of repairing or assembling said firearms or weapons.

 Imitation Firearm - refers to 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.

 Licensed Citizen - refers to any Filipino who complies with the qualifications set forth in this Act and duly issued with a license
to possess or to carry firearms outside of the residence in accordance with this Act.
 Licensed, juridical entity - refers to corporations, organizations, businesses including security agencies and local government
units (LGUs) which are licensed to own and possess firearms in accordance with this Act.

 Loose Firearm - refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been lost or stolen,
illegally manufactured firearms, registered firearms in the possession of an individual other than the licensee and those with
revoked licenses in accordance with the rules and regulations.

 Residence - refers to the place or places of abode of the licensed citizen as indicated in his/her license.

 Shooting Range - refers to a facility established for the purpose of firearms training and skills development, firearm testing, as
well as for sports and competition shooting either for the exclusive use of its members or open to the general public, duly
registered with and accredited in good standing by the FEO of the PNP.

 Sports Shooting Competition - refers to a defensive, precision or practical sport shooting competition duly authorized by the
FEO of the PNP.

 Tampered, obliterated or altered firearm - refers to any firearm whose serial number or other identification or ballistics
characteristics have been intentionally tampered with, obliterated or altered without authority or in order to conceal its source,
identity or ownership

 Thermal Weapon Sight - refers to a battery operated, uncooled thermal imaging device which amplifies available thermal
signatures so that the viewed scene becomes clear to the operator which is used to locate and engage targets during daylight and
from low light to total darkness and operates in adverse conditions such as light rain, light snow, and dry smoke or in
conjunction with other optical and red dot sights.

KINDS OF FIREARM LICENSES

1. Regular License (RL) - issued to private individuals for his personal firearm, and to security agencies/company guard forces for
firearm to be used by their security guards.

2. Special Permit - Issued to government officials and employees for privately owned firearms.

3. Long Regular License (LRL) - Issued to private firms, establishments, or corporations for firearms to be used and being used by
their employees, excluding security guards.

4. Short Regular License (SRL) - Issued to private employee who was issued by his employer a firearm covered by LRL

5. Long Certificate of Registration (LCR) - refers to licenses issued to government agencies or offices or government-owned or -
controlled corporations for firearms to be used by their officials and employees who are qualified to possess firearms as provider in
this Act, excluding security guards. (R.A. No. 10591)

6. Short Certificate of Registration (LCR) - refers to a certificate issued by the FEO of the PNP for a government official or
employee who was issued by his/her employer department, agency or government-owned or -controlled corporation a firearm covered
by the long certificate of registration. (R.A. No. 10591)

CARRY AND TRANSPORT OF FIREARMS

 Transport Permit - Permit to transport firearm refers to a written authority issued to a licensed citizen or entity by the Chief of
the PNP or by a PNP Regional Director which entitles such person or entity to transport a particular firearm from and to a
specific location within the duration and purpose in the authority. (R.A. No. 10591)

 Transport Permits for Gun Club Members - A written issued to FED accredited gun club members for the purpose of
transporting unloaded firearms and ammunition from residence to firing ranges and vice-versa. A maximum duration of 90 days
is granted to gun club members.

 Hunting Permits - A written authority issued to individuals for the purpose of transporting unloaded firearms and ammunition
to hunt in legal hunting grounds. The individuals are required to coordinate the local PNP unit or barangay of their activity prior
to issuance of a permit.

 Permit to Carry Firearm outside Residence (PTCFOR) - refers to a written authority issued to a licensed citizen by the Chief
of the PNP which entitles such person to carry his/her registered or lawfully issued firearm outside of the residence for the
duration and purpose specified in the authority. (R.A. No. 10591)

 Duty Detail Order - refers to a document issued by the juridical entity or employer wherein the details of the disposition of
firearm is spelled-out, thus indicating the name of the employee, the firearm information, the specific duration and location of
posting or assignment and the authorized bonded firearm custodian for the juridical entity to whom such firearm is turned over
after the lapse of the order. (R.A. No. 10591)
 Mission Order - Is a written directive or order issued by a competent authority to persons who are under his supervision and
control for a definite purpose or objective during a specified period and place as therein mentioned.

OWNERSHIP AND POSSESSION OF FIREARMS

Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms:

 The applicant must be a Filipino citizen, at least twenty-one (21) years old and has gainful work, occupation or business or has
filed an Income Tax Return (ITR) for the preceding year as proof of income, profession, business or occupation.

 In addition, the applicant shall submit the following certification issued by appropriate authorities attesting the following:

a. The applicant has not been convicted of any crime involving moral turpitude:

b. The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or psychiatrist;

c. The applicant has passed the drug test conducted by an accredited and authorized drug testing laboratory or clinic;

d. The applicant has passed a gun safety seminar which is administered by the PNP or a registered and authorized gun club;

e. The applicant has filed in writing the application to possess a registered firearm which shall state the personal
circumstances of the applicant;

f. The applicant must present a police clearance from the city or municipality police office; and

g. The applicant has not been convicted or is currently an accused in a pending criminal case before any court of law for a
crime that is punishable with a penalty of more than two (2) years.

 Carrying of Firearms Outside of Residence or Place of Business

 A permit to carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly authorized
representative to any qualified person whose life is under actual threat or his/her life is in imminent danger due to the nature
of his/her profession, occupation or business.

 The following professionals are considered to be in imminent danger due to the nature of their profession, occupation or
business:

a) Members of the Philippine Bar; f) Physicians and Nurses;

b) Certified Public Accountants; g) Engineers; and

c) Accredited Media Practitioners; h) Businessmen, who by the nature of their business or

undertaking,
d) Cashiers, Bank Tellers;
i) are exposed to high risk of being targets of criminal
e) Priests, Ministers, Rabbi, Imams; elements.

REGISTRATION AND LICENSING

Authority to issue license - The Chief of the PNP, through the FEO of the PNP, shall issue licenses to qualified individuals and to
cause the registration of firearms.

LICENSES ISSUED TO INDIVIDUALS

TYPE 1 maximum of two (2) registered firearms;
TYPE 2 maximum of five (5) registered firearms;
TYPE 3 maximum of ten (10) registered firearms;
TYPE 4 maximum of fifteen (15) registered firearms; and
TYPE 5 allows a citizen, who is a certified gun collector, to own and possess more than fifteen (15) registered
firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures for the safekeeping of
firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements.

FIREARMS THAT MAY BE REGISTERED

Only small arms may be registered by licensed citizens or licensed juridical entities for ownership, possession and concealed carry.
A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law enforcement agencies
authorized by the President in the performance of their duties:

Provided, That private individuals who already have licenses to possess Class-A light weapons upon the effectivity of this Act shall
not be deprived of the privilege to continue possessing the same and renewing the licenses therefor, for the sole reason that these
firearms are Class “A” light weapons, and shall be required to comply with other applicable provisions of this Act.

Registration of Firearms - The licensed citizen or licensed juridical entity shall register his/her/its firearms so purchased with the FEO
of the PNP in accordance with the type of license such licensed citizen or licensed juridical entity possesses. A certificate of
registration of the firearm shall be issued upon payment of reasonable fees.

Renewal of Licenses and Registration - All types of licenses to possess a firearm shall be renewed every two (2) years. Failure to
renew the license on or before the date of its expiration shall cause the revocation of the license and of the registration of the firearm/s
under said licensee.

The registration of the firearm shall be renewed every four (4) years. Failure to renew the registration of the firearm on or before the
date of expiration shall cause the revocation of the license of the firearm. The said firearm shall be confiscated or forfeited in favor of
the government after due process.
The failure to renew a license or registration within the periods stated above on two (2) occasions shall cause the holder of the firearm
to be perpetually disqualified from applying for any firearm license. The application for the renewal of the license or registration may
be submitted to the FEO of the PNP, within six (6) months before the date of the expiration of such license or registration.

Unlawful Acquisition, or Possession of Firearms and Ammunition - The unlawful acquisition, possession of firearms and ammunition
shall be penalized as follows:
a. The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a
small arm;
b. The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or Class-A light
weapons are unlawfully acquired or possessed by any person;
c. The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess
a Class-A light weapon;
d. The penalty of reclusion perpetua shall be imposed upon any person who shall, unlawfully acquire or possess a Class-B light
weapon;
e. The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this section shall be imposed upon any person
who shall unlawfully possess any firearm under any or combination of the following conditions:
1. Loaded with ammunition or inserted with a loaded magazine;
2. Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal weapon sight (TWS)
and the like;
3. Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
4. Accompanied with an extra barrel; and
5. Converted to be capable of firing full automatic bursts.
f. The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess a
major part of a small arm;
g. The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess
ammunition for a small arm or Class-A light weapon. If the violation of this paragraph is committed by the same person charged
with the unlawful acquisition or possession of a small arm, the former violation shall be absorbed by the latter
h. The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a
major part of a Class-A light weapon;
i. The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess
ammunition for a Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the
unlawful acquisition or possession of a Class-A light weapon, the former violation shall be absorbed by the latter;
j. The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess
a major part of a Class-B light weapon; and
k. The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess
ammunition for a Class-B light weapon. If the violation of this paragraph is committed by the same person charged with the
unlawful acquisition or possession of a Class-B light weapon, the former violation shall be absorbed by the latter.

Absence of Permit to Carry Outside of Residence - The penalty of prision correccional and a fine of Ten thousand pesos (P10,000.00)
shall be imposed upon any person who is licensed to own a firearm but who shall carry the registered firearm outside his/her residence
without any legal authority therefor.

REPUBLIC ACT NO. 11766, May 06, 2022

AN ACT FIXING THE VALIDITY PERIOD OF THE LICENSE TO OWN AND POSSESS, REGISTRATION, AND PERMIT TO
CARRY FIREARMS OUTSIDE OF RESIDENCE OR PLACE OF BUSINESS, AMENDING FOR THE PURPOSE SECTIONS 7
AND 19 OF REPUBLIC ACT NO. 10591, OTHERWISE KNOWN AS THE "COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT
Section 7. Carrying of Firearms Outside of Residence or Place of Business. - A permit to carry firearms outside of residence shall be
signed by the Chief of the PNP or duly authorized representative to any qualified person whose life is under actual threat or is in
imminent danger due to the nature of the person's profession, occupation or business:

Provided, That such permit shall be valid for two (2) years from the date of the approval of the application, unless sooner revoked or
suspended.

The following persons are considered to be in imminent danger due to the nature of their profession, occupation or business, and
hence are exempted from the requirement of a threat assessment certificate:

a) Members of the Philippine Bar; i) Elected incumbent and former officials; and
b) Certified Public Accountants; j) Active and retired military and law enforcement personnel.
c) Accredited Media Practitioners;
d) Cashiers, Bank Tellers;
e) Priests, Ministers, Rabbi, Imams;
f) Physicians and Nurses;
g) Engineers;
h) Businessmen who, by the nature of their business or
undertaking, are exposed to high risk of being targets of
criminal elements;
Section 19. Renewal of Licenses and Registration. - All licenses to possess a firearm, regardless of type or classification, shall be
renewed every five (5) years or ten (10) years, at the option of the licensee, which shall be reckoned from the birthdate of the said
licensee, unless sooner revoked or suspended. Failure to renew the license on or before the date of its expiration shall cause the
revocation of the license and of the registration of the firearm or firearms under said licensee.

The registration of the firearm shall be renewed every five (5) years or ten (10) years, at the option of the licensee, which shall be
reckoned from the birthdate of the said licensee, unless sooner revoked or suspended. Failure to renew the registration of the firearm
on or before the date of expiration shall cause the revocation of the license of the firearm. The said firearm shall be confiscated or
forfeited in favor of the government after due process.

The failure to renew a license or registration within the periods stated above on two (2) occasions shall cause the perpetual
disqualification of the holder of the firearm from applying for any firearm license.

The application for the renewal of the license or registration may be submitted to the FEO of the PNP within six (6) months before the
date of the expiration of such license or registration.

1. Reclusion Perpetua - imprisonment for at least thirty [30] years after which the convict becomes eligible for pardon. It also
carries with it accessory penalties, namely: perpetual special disqualification, etc.
2. Reclusion Temporal - 12 years and 1 day to 20 years
3. Prision Mayor and Temporary Disqualification - 6 years and 1 day to 12 years
4. Prision correccional, suspension, and destierro - 6 months and 1 day to 6 years
5. Arresto Mayor - 1 month and 1 day to 6 months
6. Arresto Menor - 1 day to 30 days
7. Bond to keep the peace — The bond to keep the peace shall be required to cover such period of time as the court may
determine.