RA No. 10591 Comprehensive Firearms and Ammunition Regulation Act

Download as pdf or txt
Download as pdf or txt
You are on page 1of 18

May 29, 2013

REPUBLIC ACT NO. 10591

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND


AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

ARTICLE I
Title, Declaration of Policy and Definition of Terms
SECTION 1. Short Title. — This Act shall be known as the
"Comprehensive Firearms and Ammunition Regulation Act".
SECTION 2. Declaration of State Policy. — It is the policy of the
State to maintain peace and order and protect the people against violence.
The State also recognizes the right of its qualified citizens to self-defense
through, when it is the reasonable means to repel the unlawful aggression
under the circumstances, the use of firearms. Towards this end, the State
shall provide for a comprehensive law regulating the ownership, possession,
carrying, manufacture, dealing in and importation of firearms, ammunition,
or parts thereof, in order to provide legal support to law enforcement
agencies in their campaign against crime, stop the proliferation of illegal
firearms or weapons and the illegal manufacture of firearms or weapons,
ammunition and parts thereof.
SECTION 3. Definition of Terms. — As used in this Act:
(a) Accessories refer 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.
(b) Ammunition refers to a complete unfired 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 event.
(d) 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
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
country/countries.
(e) Authority to import refers to a document issued by the Chief of
the Philippine National Police (PNP) authorizing the importation of
firearms, or their parts, ammunition and other components.
(f) Authorized dealer refers to any person, legal entity, corporation,
partnership or business entity duly licensed by the Firearms and
Explosive Office (FEO) of the PNP to engage in the business of
buying and selling ammunition, firearms or parts thereof, at
wholesale or retail basis. SCHIac

(g) 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.
(h) 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.
(i) 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 FEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made
incapable of performing its main purpose of firing a projectile.
(k) 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.
(l) Firearm refers to any handheld or portable weapon, whether a
small arm or light weapon, that expels or is designed to expel a
bullet, shot, slug, missile or any projectile, which is discharged by
means of expansive force of gases from burning gunpowder or
other form of combustion or any similar instrument or implement.
For purposes of this Act, the barrel, frame or receiver is
considered a firearm.
(m) Firearms Information Management System (FIMS) refers to the
compilation of all data and information on firearms ownership and
disposition for record purposes.
(n) Forfeited firearm refers to a firearm that is subject to forfeiture
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
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.
(o) 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.
(p) 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.
(q) 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.
(r) 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. TSEAaD

(s) 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.
(t) Light weapons are: Class-A Light weapons which refer to self-
loading pistols, rifles and carbines, submachine guns, assault
rifles and light machine guns not exceeding caliber 7.62MM which
have fully automatic mode; and Class-B Light weapons which
refer to weapons designed for use by two (2) or more persons
serving as a crew, or rifles and machine guns exceeding caliber
7.62MM such as heavy machine guns, handheld underbarrel and
mounted grenade launchers, portable anti-aircraft guns, portable
anti-tank guns, recoilless rifles, portable launchers of anti-tank
missile and rocket systems, portable launchers of anti-aircraft
missile systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration 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 provided
in this Act, excluding security guards.
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
(v) 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.
(w) Major part or components of a firearm refers to the barrel, slide,
frame, receiver, cylinder or the bolt assembly. The term also
includes any part or kit designed and intended for use in
converting a semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm other
than the major parts which are necessary to effect and complete
the action of expelling a projectile by way of combustion, except
those classified as accessories.
(y) Permit to carry firearm outside of residence 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.
(z) 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.
(aa) Residence refers to the place or places of abode of the licensed
citizen as indicated in his/her license.
(bb) 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.
(cc) Short certificate of registration 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.
(dd) Small arms refer to firearms intended to be or primarily
designed for individual use or that which is generally considered
to mean a weapon intended to be fired from the hand or
shoulder, which are not capable of fully automatic bursts of
discharge, such as:
(1) Handgun which is a firearm intended to be fired from the
hand, which includes:

(i) A pistol which is a hand-operated firearm having


CD Technologies Asia, Inc. © 2022 cdasiaonline.com
a chamber integral with or permanently aligned
with the bore which may be self-loading; and

(ii) Revolver which is a hand-operated firearm with a


revolving cylinder containing chambers for
individual cartridges.

(2) Rifle which is a shoulder firearm or designed to be fired


from the shoulder that can discharge a bullet through a
rifled barrel by different actions of loading, which may be
classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and intended
to fire a number of ball shots or a single projectile through
a smooth bore by the action or energy from burning
gunpowder. aDcTHE

(ee) Sports shooting competition refers to a defensive, precision or


practical sport shooting competition duly authorized by the FEO
of the PNP.
(ff) Tampered, obliterated o r 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.
(gg) 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.
ARTICLE II
Ownership and Possession of Firearms
SECTION 4. Standards and Requisites for Issuance of and Obtaining
a License to Own and Possess Firearms. — In order to qualify and acquire a
license to own and possess a firearm or firearms and ammunition, 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;
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
(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.
For purposes of this Act, an acquittal or permanent dismissal of a
criminal case before the courts of law shall qualify the accused thereof to
qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be
provided in the implementing rules and regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical
entity shall submit his/her duty detail order to the FEO of the PNP.
SECTION 5. Ownership of Firearms and Ammunition by a Juridical
Entity. — A juridical person maintaining its own security force may be issued
a regular license to own and possess firearms and ammunition under the
following conditions:
(a) It must be Filipino-owned and duly registered with the Securities
and Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements
to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified by
the Bureau of Internal Revenue.
The application shall be made in the name of the juridical person
represented by its President or any of its officers mentioned below as duly
authorized in a board resolution to that effect: Provided, That the officer
applying for the juridical entity shall possess all the qualifications required of
a citizen applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical person are:
the vice president, treasurer, and board secretary.
Security agencies and LGUs shall be included in this category of
licensed holders but shall be subject to additional requirements as may be
required by the Chief of the PNP. ICTaEH

SECTION 6. Ownership of Firearms by the National Government. —


All firearms owned by the National Government shall be registered with the
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
FEO of the PNP in the name of the Republic of the Philippines. Such
registration shall be exempt from all duties and taxes that may otherwise be
levied on other authorized owners of firearms. For reason of national
security, firearms of the Armed Forces of the Philippines (AFP), Coast Guard
and other law enforcement agencies shall only be reported to the FEO of the
PNP.
SECTION 7. 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.
It shall be the burden of the applicant to prove that his/her life is under
actual threat by submitting a threat assessment certificate from the PNP.
For purposes of this Act, 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;
(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or
undertaking, are exposed to high risk of being targets of criminal
elements.
ARTICLE III
Registration and Licensing
SECTION 8. 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.
SECTION 9. Licenses Issued to Individuals. — 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 — allows a citizen to own and possess a maximum of
two (2) registered firearms;
Type 2 license — allows a citizen to own and possess a maximum of
five (5) registered firearms;
Type 3 license — allows a citizen to own and possess a maximum of
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
ten (10) registered firearms;
Type 4 license — allows a citizen to own and possess a maximum of
fifteen (15) registered firearms; and
Type 5 license — 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. aCIHcD

SECTION 10. 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.
SECTION 11. 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.
For purposes of this Act, registration refers to the application, approval,
record-keeping and monitoring of firearms with the FEO of the PNP in
accordance with the type of license issued to any person under Section 9 of
this Act.
SECTION 12. License to Possess Ammunition Necessarily Included.
— The licenses granted to qualified citizens or juridical entities as provided
in Section 9 of this Act shall include the license to possess ammunition with a
maximum of fifty (50) rounds for each registered firearm: Provided, That the
FEO of the PNP may allow more ammunition to be possessed by licensed
sports shooters.
SECTION 13. Issuance of License to Manufacture or Deal in Firearms
and Ammunition. — Any person desiring to manufacture or deal in firearms,
parts of firearms or ammunition thereof, or instruments and implements
used or intended to be used in the manufacture of firearms, parts of firearms
or ammunition, shall make an application to:
(a) The Secretary of the Department of the Interior and Local
Government (DILG) in the case of an application for a license to
manufacture; and DAETHc

CD Technologies Asia, Inc. © 2022 cdasiaonline.com


(b) The Chief of the PNP in the case of a license to deal in firearms
and firearms parts, ammunition and gun repair.
The applicant shall state the amount of capitalization for manufacture
or cost of the purchase and sale of said articles intended to be transacted by
such applicant; and the types of arms, ammunition or implements which the
applicant intends to manufacture or purchase and sell under the license
applied for; and such additional information as may be especially requested
by the Secretary of the DILG or the Chief of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or
disapprove such application based on the prescribed guidelines. In the case
of approval, the Secretary of the DILG or the Chief of the PNP shall indicate
the amount of the bond to be executed by the applicant before the issuance
of the license and the period of time by which said license shall be effective,
unless sooner revoked by their authority.
Upon approval of the license to manufacture or otherwise deal in
firearms by the Secretary of the DILG or the Chief of the PNP as the case
may be, the same shall be transmitted to the FEO of the PNP which shall
issue the license in accordance with the approved terms and conditions,
upon the execution and delivery by the applicant of the required bond
conditioned upon the faithful compliance on the part of the licensee to the
laws and regulations relative to the business licensed.
SECTION 14. Scope of License to Manufacture Firearms and
Ammunition. — The scope of the License to Manufacture firearms and
ammunition shall also include the following:
(a) The authority to manufacture and assemble firearms,
ammunition, spare parts and accessories, ammunition
components, and reloading of ammunitions, within sites, areas,
and factories stated therein. The Secretary of the DILG shall
approve such license;
(b) The license to deal in or sell all the items covered by the License
to Manufacture, such as parts, firearms or ammunition and
components;
(c) The authority to subcontract the manufacturing of parts and
accessories necessary for the firearms which the manufacturer is
licensed to manufacture: Provided, That the subcontractor of
major parts or major components is also licensed to manufacture
firearms and ammunition; and
(d) The authority to import machinery, equipment, and firearm
parts and ammunition components for the manufacture thereof.
Firearm parts and ammunition components to be imported shall,
however, be limited to those authorized to be manufactured as
reflected in the approved License to Manufacture. The Import
Permit shall be under the administration of the PNP.
A licensed manufacturer of ammunition is also entitled to import
various reference firearms needed to test the ammunition manufactured
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
under the License to Manufacture. A licensed manufacturer of firearms, on
the other hand, is entitled to import various firearms for reference, test and
evaluation for manufacture of similar types of firearms covered by the
License to Manufacture.
An export permit shall, however, be necessary to export manufactured
parts or finished products of firearms and ammunition. The Export Permit of
firearms and ammunition shall be under the administration of the PNP.
SECTION 15. Registration of Locally Manufactured and Imported
Firearms. — Local manufacturers and importers of firearms and major parts
thereof shall register the same as follows: EDCTIa

(a)For locally manufactured firearms and major parts thereof, the initial
registration shall be done at the manufacturing facility: Provided,
That firearms intended for export shall no longer be subjected to
ballistic identification procedures; and
(b)For imported firearms and major parts thereof, the registration shall
be done upon arrival at the FEO of the PNP storage facility.
SECTION 16. License and Scope of License to Deal. — The License to
Deal authorizes the purchase, sale and general business in handling firearms
and ammunition, major and minor parts of firearms, accessories, spare parts,
components, and reloading machines, which shall be issued by the Chief of
the PNP.
SECTION 17. License and Scope of License for Gunsmiths. — The
license for gunsmiths shall allow the grantee to repair registered firearms.
The license shall include customization of firearms from finished or
manufactured parts thereof on per order basis and not in commercial
quantities and making the minor parts thereof, i.e., pins, triggers, trigger
bows, sights and the like only for the purpose of repairing the registered
firearm. The license for gunsmiths shall be issued by the Chief of the PNP.
SECTION 18. Firearms for Use in Sports and Competitions. — A
qualified individual shall apply for a permit to transport his/her registered
firearm/s from his/her residence to the firing range/s and competition sites
as may be warranted.
SECTION 19. 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
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
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.
SECTION 20. Inspection and Inventory. — The Chief of the PNP or
his/her authorized representative shall require the submission of reports,
inspect or examine the inventory and records of a licensed manufacturer,
dealer or importer of firearms and ammunition during reasonable hours.
ARTICLE IV
Acquisition, Deposit of Firearms, Abandoned, Demilitarized and Antique
Firearms
SECTION 21. Acquisition or Purchase and Sale of Firearms and
Ammunition. — Firearms and ammunition may only be acquired or
purchased from authorized dealers, importers or local manufacturers and
may be transferred or sold only from a licensed citizen or licensed juridical
entity to another licensed citizen or licensed juridical entity: Provided, That,
during election periods, the sale and registration of firearms and ammunition
and the issuance of the corresponding licenses to citizens shall be allowed
on the condition that the transport or delivery thereof shall strictly comply
with the issuances, resolutions, rules and regulations promulgated by the
Commission on Elections. CScTDE

SECTION 22. Deposit of Firearms by Persons Arriving from Abroad.


— A person arriving in the Philippines who is legally in possession of any
firearm or ammunition in his/her country of origin and who has declared the
existence of the firearm upon embarkation and disembarkation but whose
firearm is not registered in the Philippines in accordance with this Act shall
deposit the same upon written receipt with the Collector of Customs for
delivery to the FEO of the PNP for safekeeping, or for the issuance of a
permit to transport if the person is a competitor in a sports shooting
competition. If the importation of the same is allowed and the party in
question desires to obtain a domestic firearm license, the same should be
undertaken in accordance with the provisions of this Act. If no license is
desired or leave to import is not granted, the firearm or ammunition in
question shall remain in the custody of the FEO of the PNP until otherwise
disposed of in accordance with law.
SECTION 23. Return of Firearms to Owner upon Departure from the
Philippines. — Upon the departure from the Philippines of any person whose
firearm or ammunition is in the custody of the FEO of the PNP, the same
shall, upon timely request, be delivered to the person through the Collector
of Customs. In the case of a participant in a local sports shooting
competition, the firearm must be presented to the Collector of Customs
before the same is allowed to be loaded on board the carrier on which the
person is to board.
SECTION 24. Safekeeping of Firearms and Ammunition. — Any
licensee may deposit a registered firearm to the FEO of the PNP, or any
Police Regional Office for safekeeping. Reasonable fees for storage shall be
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
imposed.
SECTION 25. Abandoned Firearms and Ammunition. — Any firearm
or ammunition deposited in the custody of the FEO of the PNP pursuant to
the provisions of this Act, shall be deemed to have been abandoned by the
owner or his/her authorized representative if he/she failed to reclaim the
same within five (5) years or failed to advise the FEO of the PNP of the
disposition to be made thereof. Thereafter, the FEO of the PNP may dispose
of the same after compliance with established procedures.
SECTION 26. Death or Disability of Licensee. — Upon the death or
legal disability of the holder of a firearm license, it shall be the duty of
his/her next of kin, nearest relative, legal representative, or other person
who shall knowingly come into possession of such firearm or ammunition, to
deliver the same to the FEO of the PNP or Police Regional Office, and such
firearm or ammunition shall be retained by the police custodian pending the
issuance of a license and its registration in accordance with this Act. The
failure to deliver the firearm or ammunition within six (6) months after the
death or legal disability of the licensee shall render the possessor liable for
illegal possession of the firearm.
SECTION 27. Antique Firearm. — Any person who possesses an
antique firearm shall register the same and secure a collector's license from
the FEO of the PNP. Proper storage of antique firearm shall be strictly
imposed. Noncompliance of this provision shall be considered as illegal
possession of the firearm as penalized in this Act.
ARTICLE V
Penal Provisions
SECTION 28. 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;TEDaAc

(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:
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
(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.
SECTION 29. Use of Loose Firearm in the Commission of a Crime. —
The use of a loose firearm, when inherent in the commission of a crime
punishable under the Revised Penal Code or other special laws, shall be
considered as an aggravating circumstance: Provided, That if the crime
committed with the use of a loose firearm is penalized by the law with a
maximum penalty which is lower than that prescribed in the preceding
section for illegal possession of firearm, the penalty for illegal possession of
firearm shall be imposed in lieu of the penalty for the crime charged:
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
Provided, further, That if the crime committed with the use of a loose firearm
is penalized by the law with a maximum penalty which is equal to that
imposed under the preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be imposed in addition
to the penalty for the crime punishable under the Revised Penal Code or
other special laws of which he/she is found guilty.
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.
If the crime is committed by the person without using the loose firearm,
the violation of this Act shall be considered as a distinct and separate
offense.
SECTION 30. Liability of Juridical Person. — The penalty of prision
mayor in its minimum to prision mayor in its medium period shall be
imposed upon the owner, president, manager, director or other responsible
officer of any public or private firm, company, corporation or entity who shall
willfully or knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or persons found
guilty of violating the provisions of the preceding section, or willfully or
knowingly allow any of them to use unregistered firearm or firearms without
any legal authority to be carried outside of their residence in the course of
their employment. TSacID

SECTION 31. 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.
SECTION 32. Unlawful Manufacture, Importation, Sale or Disposition
of Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument
Used or Intended to be Used in the Manufacture of Firearms, Ammunition or
Parts Thereof. — The penalty of reclusion temporal t o reclusion perpetua
shall be imposed upon any person who shall unlawfully engage in the
manufacture, importation, sale or disposition of a firearm or ammunition, or
a major part of a firearm or ammunition, or machinery, tool or instrument
used or intended to be used by the same person in the manufacture of a
firearm, ammunition, or a major part thereof.
The possession of any machinery, tool or instrument used directly in
the manufacture of firearms, ammunition, or major parts thereof by any
person whose business, employment or activity does not lawfully deal with
the possession of such article, shall be prima facie evidence that such article
is intended to be used in the unlawful or illegal manufacture of firearms,
ammunition or parts thereof. HaECDI

The penalty of prision mayor in its minimum period to prision mayor in


its medium period shall be imposed upon any laborer, worker or employee of
a licensed firearms dealer who shall unlawfully take, sell or otherwise
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
dispose of parts of firearms or ammunition which the company manufactures
and sells, and other materials used by the company in the manufacture or
sale of firearms or ammunition. The buyer or possessor of such stolen part or
material, who is aware that such part or material was stolen, shall suffer the
same penalty as the laborer, worker or employee.
If the violation or offense is committed by a corporation, partnership,
association or other juridical entity, the penalty provided for in this section
shall be imposed upon the directors, officers, employees or other officials or
persons therein who knowingly and willingly participated in the unlawful act.
SECTION 33. Arms Smuggling. — The penalty of reclusion perpetua
shall be imposed upon any person who shall engage or participate in arms
smuggling as defined in this Act.
SECTION 34. Tampering, Obliteration or Alteration of Firearms
Identification. — The penalty of prision correccional to prision mayor in its
minimum period shall be imposed upon any person who shall tamper,
obliterate or alter without authority the barrel, slide, frame, receiver,
cylinder, or bolt assembly, including the name of the maker, model, or serial
number of any firearm, or who shall replace without authority the barrel,
slide, frame, receiver, cylinder, or bolt assembly, including its individual or
peculiar identifying characteristics essential in forensic examination of a
firearm or light weapon.
The PNP shall place this information, including its individual or peculiar
identifying characteristics into the database of integrated firearms
identification system of the PNP Crime Laboratory for future use and
identification of a particular firearm.
SECTION 35. Use of an Imitation Firearm. — An imitation firearm
used in the commission of a crime shall be considered a real firearm as
defined in this Act and the person who committed the crime shall be
punished in accordance with this Act: Provided, That injuries caused on the
occasion of the conduct of competitions, sports, games, or any recreation
activities involving imitation firearms shall not be punishable under this Act.
SECTION 36. In Custodia Legis. — During the pendency of any case
filed in violation of this Act, seized firearm, ammunition, or parts thereof,
machinery, tools or instruments shall remain in the custody of the court. If
the court decides that it has no adequate means to safely keep the same,
the court shall issue an order to turn over to the PNP Crime Laboratory such
firearm, ammunition, or parts thereof, machinery, tools or instruments in its
custody during the pendency of the case and to produce the same to the
court when so ordered. No bond shall be admitted for the release of the
firearm, ammunition or parts thereof, machinery, tool or instrument. Any
violation of this paragraph shall be punishable by prision mayor in its
minimum period to prision mayor in its medium period. HAICcD

SECTION 37. Confiscation and Forfeiture. — The imposition of


penalty for any violation of this Act shall carry with it the accessory penalty
of confiscation and forfeiture of the firearm, ammunition, or parts thereof,
machinery, tool or instrument in favor of the government which shall be
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
disposed of in accordance with law.
SECTION 38. Liability for Planting Evidence. — The penalty of prision
mayor in its maximum period shall be imposed upon any person who shall
willfully and maliciously insert, place, and/or attach, directly or indirectly,
through any overt or covert act, any firearm, or ammunition, or parts thereof
in the person, house, effects, or in the immediate vicinity of an innocent
individual for the purpose of implicating or incriminating the person, or
imputing the commission of any violation of the provisions of this Act to said
individual. If the person found guilty under this paragraph is a public officer
or employee, such person shall suffer the penalty of reclusion perpetua.
SECTION 39. Grounds for Revocation, Cancellation or Suspension of
License or Permit. — The Chief of the PNP or his/her authorized
representative may revoke, cancel or suspend a license or permit on the
following grounds:
(a) Commission of a crime or offense involving the firearm,
ammunition, of major parts thereof;
(b) Conviction of a crime involving moral turpitude or any offense
where the penalty carries an imprisonment of more than six (6)
years;
(c) Loss of the firearm, ammunition, or any parts thereof through
negligence;
(d) Carrying of the firearm, ammunition, or major parts thereof
outside of residence or workplace without the proper permit to
carry the same;
(e) Carrying of the firearm, ammunition, or major parts thereof in
prohibited places;
(f) Dismissal for cause from the service in case of government
official and employee;
(g) Commission of any of the acts penalized under Republic Act No.
9165, otherwise known as the "Comprehensive Dangerous Drugs
Act of 2002";
(h) Submission of falsified documents or misrepresentation in the
application to obtain a license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of a court order.
SECTION 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 firearm has been lost or stolen within a period of thirty (30)
days from the date of discovery.
Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed
upon any person holding a valid firearm license who changes residence or
office address other than that indicated in the license card and fails within a
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
period of thirty (30) days from said transfer to notify the FEO of the PNP of
such change of address.
SECTION 41. Illegal Transfer/Registration of Firearms. — It shall be
unlawful to transfer possession of any firearm to any person who has not yet
obtained or secured the necessary license or permit thereof. IHTASa

The penalty of prision correccional shall be imposed upon any person


who shall violate the provision of the preceding paragraph. In addition,
he/she shall be disqualified to apply for a license to possess other firearms
and all his/her existing firearms licenses whether for purposes of commerce
or possession, shall be revoked. If government-issued firearms, ammunition
or major parts of firearms or light weapons are unlawfully disposed, sold or
transferred by any law enforcement agent or public officer to private
individuals, the penalty of reclusion temporal shall be imposed.
Any public officer or employee or any person who shall facilitate the
registration of a firearm through fraud, deceit, misrepresentation or
submission of falsified documents shall suffer the penalty of prision
correccional.
ARTICLE VI
Final Provisions
SECTION 42. Firearms Repository. — The FEO of the PNP shall be
the sole repository of all firearms records to include imported and locally
manufactured firearms and ammunition. Within one (1) year upon approval
of this Act, all military and law enforcement agencies, government agencies,
LGUs and government-owned or -controlled corporations shall submit an
inventory of all their firearms and ammunition to the PNP.
SECTION 43. 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 (6) months from the promulgation of the implementing rules and
regulations of this Act. During the interim period of six (6) months, no person
applying for license shall be charged of any delinquent payment accruing to
the firearm subject for registration. The PNP shall conduct an intensive
nationwide campaign to ensure that the general public is properly informed
of the provisions of this Act.
SECTION 44. Implementing Rules and Regulations. — Within one
hundred twenty (120) days from the effectivity of this Act, the Chief of the
PNP, after public hearings and consultation with concerned sectors of
society, shall formulate the necessary rules and regulations for the effective
implementation of this Act to be published in at least two (2) national
newspapers of general circulation.
SECTION 45. Repealing Clause. — This Act repeals Sections 1, 2, 5
and 7 of Presidential Decree No. 1866, as amended, and Section 6 of
Republic Act No. 8294 and all other laws, executive orders, letters of
instruction, issuances, circulars, administrative orders, rules or regulations
that are inconsistent herewith.
CD Technologies Asia, Inc. © 2022 cdasiaonline.com
SECTION 46. Separability Clause. — If any provision of this Act or
any part hereof is held invalid or unconstitutional, the remainder of the law
or the provision not otherwise affected shall remain valid and subsisting.
SECTION 47. Effectivity. — This Act shall take effect after fifteen
(15) days from its publication in a newspaper of nationwide circulation.
Approved: May 29, 2013.

CD Technologies Asia, Inc. © 2022 cdasiaonline.com

You might also like