Notes Cri 202
Notes Cri 202
BASIC TERMINOLOGIES
BALLISTICS - is defined as the science of motion of projectiles.
Technically: It refers to the “science of firearms identification which involves the scientific examination of ballistics exhibits such as:
fired bullets; fired shells; firearms; and other allied matters, use in perpetrating the crime.
Legally: it is the microscopic examination of fired cartridge cases and bullets together with the recording and presentation of by
means of photography of what is revealed by the microscope.
FORENSIC - as applied to ballistics or to any other subject, suggests a relationship to a court of justice and legal proceedings.
FORUM - Latin word which means “marketplace” – where people gather for “public disputation” and “public discussion”.
In 1920 Col. Calvin H. Goddard (Father of the Modern Ballistics) pioneered the introduction of this science in criminology courses in the
different Universities in the United States.
Ballistics Theory
Ballistics is the scientific study of the propulsion and motion of projectiles such as bullets, artillery shells, rockets and guided missiles.
Also includes the study of the destructive action of such projectiles.
The drag of a projectile moving head on is now usually divided into three parts:
1.bow resistance - due to air pressure at the head of the projectile;
2.skin friction - caused by the friction of air moving along the middle portion of the body; and
3.base drag - due to the under-pressure and disturbance of the air behind the base.
BRANCHES OF BALLISTICS
Internal/Interior Ballistics
Transition/Intermediate Ballistics
External/Exterior Ballistics
Terminal Ballistics
Forensic Ballistics
Internal/Interior Ballistics- is that branch of ballistics which treats of the motion of projectile while still inside the firearm
(chamber/barrel) which extends from the breech to the muzzle.
Force/Pressure developed = Velocity of the bullet (from the chamber to the muzzle) = Rotation of the bullet (left/right)= Engraving of
the cylindrical surface of the bullet(impression of lands and grooves).
The British engineer Benjamin Robins conducted many experiments in interior ballistics. His findings justly entitle him to be called the father
of modern gunnery.
Transitional Ballistics- Transitional ballistics, also known as INTERMEDIATE BALLISTICS, is the study of a projectile's behavior from the
time it leaves the muzzle until the pressure behind the projectile is equalized, so it lies between internal ballistics and external ballistics.
External/Exterior Ballistics- treats of the attributes or movement of the projectile after leaving the gun muzzle. It is extended from the muzzle
of the gun to the target or any attributes to the motion of the projectile while it is in flight and before reaching the target.
Niccolò Tartaglia;
Italian mathematician,in a published work on gunnery, claimed that no part of the path of a projectile could be a straight line and that the
greater the velocity of the projectile the flatter its path. Tartaglia invented the gunner's quadrant used to determine the elevation of
the muzzle of a gun.
Galileo;
proved that in a vacuum a projectile describes a parabolic arc.
Benjamin Robins;
Englishman invented the Ballistics Pendulum, an instrument use to measure the muzzle velocity of any firearm and who was one of the
first to state sound ballistics theories in his new principles of Gunnery in 1742. He became the Father of modern gunnery.
Alfred Lee Loomis;
Invented another instrument use to measure bullet’s speed is the Chronograph
Further, exterior (external) ballistics refers to the attributes and movements of the bullet after it has left the gun muzzle. It includes:
a) Muzzle Blast - Is the noise created at the muzzle point of the gun.
b) Muzzle energy - Energy generated at the muzzle point measured in foot-pound.
c) Trajectory - Refers to the parabola-like flight of the projectile from the time it leaves the muzzle until it hits the target. It is also described as
the actual curve path taken by a bullet during its.
d) Range - It refers to the imaginary straight distance between the muzzle of the gun and the target.
i. Accurate Range- the distance within which the shooter or gunner has control of his shots.
ii. Effective Range - the distance within which the bullet is lethal.
iii. Maximum Range- the distance that a projectile can be propelled from a firearm.
iv. Maximum Effective Range- is the farthest possible distance that a bullet could travel.
e) Velocity - Refers to the rate of speed of the bullet (during its flight) per unit of time usually express is feet per second (ft/sec.)
f) Pull of Gravity - It is the downward reaction of the bullet towards the earth surface due to its weight.
g) Air Resistance - Refers to the force of the air encounter by the bullet in its flight.
h) Penetration - depth of entry on target.
Terminal Ballistics- is that branch of Ballistics which deals with the effects of the impact of the projectile on the target. Refers to the effects of the
impact of the projectile on the target. It extends from its initial contact towards the depths of penetration on the target. Penetration of the bullet is of
prime interest.
a) Terminal Accuracy - It refers to the size of the bullet grouping on the target.
This is so because of some resistance and interventions that make the bullet change its momentum to perform other motions rather than
straight and hit the target partially or totally sideways instead of head on. Due to this effect, keyhole shot instead of spherical entrance
wound might be created.
b) Terminal Energy - Is the energy or force of the projectile when it strikes the target same as striking energy.
The energy of the projectile is affected by three factors such as; gunpowder content, since the more the gunpowder, the more the energy
will be produced. Another is the length of the barrel, as the barrel of the firearm becomes longer it provides and confined a solid mass of
expanded gas pushing the bullet down the muzzle. The third factor is the additional force imparted by the air to accelerate the bullet’s
velocity if its direction goes with the direction of the bullet upon leaving the muzzle point of a gun.
c) Terminal Velocity - Is the speed of the bullet upon striking the target.
This is governed by four factors such as; same with terminal energy, gunpowder content, barrel length plus type and shape of the bullet
SHOTS BALLISTICS
(It deals with the attributes and properties of shots and pellets)
This refers to the study of shots from smooth bore firearms like shotguns and muskets.
Shotgun - a smooth bore, fired multiple pellets and also it can fire a single slug.
Chilled Shot – shotgun pellets made from lead especially hardened by the addition of a slight amount of antimony.
Shotgun shell or shell - a single unit of ammunition for shotgun, with either pellets or slug as a projectile.
Shots or pellets as projectiles is of two classes based on its size;
Buck shot for the larger one
Drop shot or bird shot for the smaller.
Gauge - it refers to the caliber of shotgun , it is a number of lead pellets or balls of the given bore diameter required to make up one pound
weight.
Choke- is the degree of constriction on the end portion of the shotgun barrel for the purpose of controlling the spread of the shots/pellets after
leaving the barrel. That is the diameter near the muzzle end is slightly smaller than the diameter of the bore of the rest of the barrel.
True cylinder - is refers to a barrel without choke. That is when the diameter of the barrel is the same throughout the bore. Dram Equivalent is
the measurement or the amount of gunpowder in a shot shell.
Cylinder – equal bore diameter all through out the barrel (term sometimes as True Cylinder)
Paradox – contains rifling at the bore a few inch from the muzzle point of the barrel.
CHOKE - When the diameter of a barrel of a shotgun is the same throughout the bore, it is called true cylinder.
The bore of the gun is sometimes constricted near the muzzle end. That is, the diameter near the muzzle end is slightly smaller than the
diameter of the bore of the rest of the barrel. The barrel is said to be choked. The amount of spread in the shot is controlled by the choke.
Kinds Of Shotgun
Action Type
1. Auto-loading or Semi-automatic – these are the same as auto-loading rifles in that the recoil action reloads the gun from the magazine
without any effort on the part of the shooter.
2. Slide or Pump Action – operates as the same manner as slide action rifles, by means of sliding the lever under the barrel.
3. Hinged or Break Open Type – a hinged or break open action shotgun requires the manual insertion of the shells in the chamber by
releasing some sort of catch for the gun hinges to open at the breech allowing the cartridges to be loaded.
Featured Type
1. Single Barreled Shotgun – it is loaded with a single shotgun cartridge, closed, fired and then deloaded by the shooter.
2. Double Barreled Shotgun – it has two barrels arranged either side by side or one on top of the other. Each barrel may have its own
trigger.
Combination Gun is a type of break action shotgun which it consist of two barrels that is an over and under design with one
shotgun barrel and one rifle barrel.
Cape Guns a shotgun that has side by side variation or construction of barrel.
3. Triple Barreled Shotgun - usually two shotgun barrels of the same gauge and a rifle barrel. The most common arrangement was a side
by side shotgun with the rifle barrel below and centered. (Drilling)
Drilling Gun is class of break action guns which contain three barrels, usually two shotgun barrels of the same gauge and a rifle
barrel.
4. Four barreled shotgun - which usually have two smooth bore and two rifle barrel. (Vierling)
5. Sawn-Off Shotgun – it has a custom design and the barrel is usually shortened to conceal the action.
Globally, shotguns are generally not as heavily regulated as rifles or handguns, likely because they lack the range of rifles and are not easily
concealable as handguns are; thus, they are perceived as a lesser threat by legislative authorities. The one exception is a sawed-off shotgun, especially
a Lupara, as it is more easily concealed than a normal shotgun.
Daniel Myron Le Fever is credited with the invention of hammerless shotgun and introduced the first hammerless shotgun in 1878.
Winchester was credited as the inventor of the earliest successful repeating shotgun being the lever-action Winchester M1887 in 1887 at the behest of
the Winchester Repeating Arms Company.
Rodolfo Cosmi produced the first working prototype of his semi-automatic shotgun in 1925, which had an 8 round magazine located in the stock.
Here are the following gauges of the common shotgun and their equivalent in the measurement of the bore in the barrel:
GAUGES BORE DIAMETER
4 .935
8 .835
10 .775
12 .729
16 .662
20 .615
28 .550
.410 not a true gauge .410
The unit of measurement used in shotgun is expressed in Gauge. This is determined by the number of solid lead balls of pure lead, each with
diameter of the barrel that can be prepared from one pound of lead. As applied to shotgun, Gauge indicates the bore diameter which is equal to the
diameter of the lead ball whose weight in pound is equal to the reciprocal gauge index. Example – 12 gauge indicate the bore diameter which is equal
to each lead ball weighing 1/12 of a pound.
WOUND BALLISTICS
It is the study of the effects of projectile to human body.
The damage of the tissue around the bullet’s path produced by a shock wave when the bullet travels through the body of the victim is known as
TISSUE QUAKE.
Three Basic Kinds of GSW Distinguished by the Proximity of the Weapon
1. Contact – gun muzzle pressed against, or within an inch or two, of the body.
2. Close discharge – 6 inches to 2 ft.
3. Distant Discharge – over 2 ft. or 3 ft.
Description of the wound of entrance is based on the distance of the body from the fired gun
1. Contact fire. This is burst due to the explosion of the powder which produces the heated and expanded gases. There is burning of the tissues
because it is within the flame zone; singeing of the hair; and particles of gunpowder in and around the wound of entrance; skin is separated
from the underlying tissues in the affected area and the blasted tissues are cherry red in color because of the presence of carbon monoxide;
pressure of the bullet will caused caving-in or excavation of tissues and the contusion collar is seen around the wound of entrance. The size
of the wound is rather small.
2. Near contact up to six inches distance. There is bursting of tissues, burning and blackening of the skin as in contact fire but the particles of
gunpowder are present inside as well as around the wound of entrance. The shape of the wound maybe lacerated or slit-like and the size is
larger than the diameter of the missile. The excavation of tissues due to the pressure of the penetrating bullet slug but it can be severe as in
contact fire.
3. Distance above six inches up to 24 inches. The size of the wound gradually approximates the size of the missile. The farther the target, the
lesser the burning or blackening of tissues, gun powder tattooing, singeing of the hair and excavation of tissues and lesser until they
disappear beyond the 24 inches distance.
1. Contact wound – the muzzle point is directly touching the target when the gun is fired.
2. Close Range – when the gun is fired, the muzzle point is near closely at the target.
3. Distant – there is vast range or gap between the muzzle and the target and brings great problems to
the analyst in determining the approximate muzzle to target distance.
Infrared photography - will usually reveal even the most minute traces of powder residue
.
TEST FOR THE PRESENCE OF GUNPOWDER RESIDUE
1. Paraffin Test or Dermal Nitrate Test is an oldest test in existence and was designed to check for the residue on the hands. The hands were
coated with paraffin or wax, and then the paraffin was tested with DIPHENYLAMINE,
2. Griess Test - Peter Griess (1858) designed the test to assist with the measurement of distances and angles. The examiner presses a photographic
paper onto the surfaces near the target, then sprays the paper with Sodium Rhodizonate.
3. Harrison Gilroy Test is the test that does not check for nitrate at all, but for antimony, barium, and lead using the same paper color change
indicator.
4. Marshall and Tiwari Test are used to determine the firearm’s distance, both tests are for the nitrates.
5. Walker Test a chemical test for the presence of nitrates in unburned or partially burned propellants. This test gives the prober valuable
information about the range which the weapon was fired.
FORENSIC BALLISTICS
Refers to the product of the application of the ballistics to law.
Forensic - As applied to ballistics or to any other subject, suggests a relationship to a court of justice and legal proceedings.
Forum (LATIN) - meaning a “market place” where people gathered for public disputation or public discussion.
Forensic Ballistics is defined as the study of the motion of the projectile as applied to law or simply the science of firearm identification by means of
the ammunition fired through them.
Ballistic fingerprinting - is the identification of the gun that fired a bullet from an analysis of the unique marks that every gun makes on the bullet
and on the shell, that a firearm, being harder than a bullet and cartridge case, every time you fire a cartridge on it, its Signature and Thumb
mark (Fingerprint) leaves on its fired bullets and cartridge cases.
Firearms Identification is discipline mainly concerned with determining whether a bullet or cartridge case was fired by a particular weapon.
2.Technical Examinations of Ballistics Exhibits – the job performed by the firearm examiners in the laboratory.
a) Marking of the evidence firearm
b) Test firing of evidence firearms
c) Photomicrography under the bullet comparison microscope
d) Preparation of comparative charts
e) Making of reports on the findings and observations
3.Legal Proceedings/Court Trial – the Ballistics Report of the firearm examiner and the Ballistics Exhibits such as; firearms, fired bullets, fired
cartridge cases and allied matters are presented during the trial of the case in a court of justice.
Origin of Firearm
In the 13th Century, the development of firearms followed the invention of gunpowder in Western Europe. It was Berthold Schwartz and Roger
Bacon are both credited with gunpowder invention. Most reference books credit Roger Bacon, English monk and Scientist with the invention of
gunpowder in 1248, and Berthold Schwartz, a German monk, with the application of gunpowder to the propelling of a missile in the early 1300s.
This powder is what we now call “Black Powder”.
It is also often stated that gunpowder was first invented by the Chinese, and its use as a propellant long before its advantages became recognized in
Europe. It may also assume the Arabs with their advanced knowledge of chemistry at that time.
In 1247, One of the earliest recorded uses of firearms in a war far was that of an attack on Seville, Spain. In 1346, Cannons used by King Edward II
of England at Crecy. Cannons were first use at the Battle of Crecy but it wasn't until 1300 that the first basic gun was developed.
In 1335, Mohammad II of turkey in his famous conquest of Constantinople. First firearms were inefficient, large, and heavy and were not capable of
being carried by an individual soldier; hence, the development of cannons preceded that of small arms weapons by almost 50 years.
In 1350, the first "hand cannon" allowed for portability. Ballistics dates back to the famous French artist Leonardo da Vince (1500 A.D.) as can be
gleaned in his sketch of steam-powered cannon through the hand cannons and primitive muskets like the matchlock, wheel-lock, and flintlock
firearms. To increase the reliability of lighting gunpowder, flint replaced matches in 1517. Reverend Alexander John Forsyth of Scotland invented the
first primer powder in 1805.
The man never satisfies himself. He is always trying to improve himself and his surrounding. He created some rule crude or primitive weapons which
were subsequently developed into sophisticated firearms of modern times. Firearms are a type of weapon. They are designed to kill or wound and so
are less likely to have legitimate purposes. Thus, unlike knives and clubs which do have more varied purposes, firearms are always considered
weapons. "Firearm" - means a barreled weapon from which any shot, bullet, or projectile can be discharged and that is capable of causing serious
bodily injury or death to a person.
Origin of Firearms
1247 – Earliest recorded firearms in warfare was an attack in Seville, Spain.
1346 – History showed that cannons were used by King Edward III of England in Crecy.
1453 – Mohammed II of Turkey used cannons in his famous conquest of Constantinople.
Horace Smith – Founded the great firm Smith and Wesson and pioneered the making of the breech loading rifles.
Daniel B. Wesson – An associate or partner of Smith in revolver making.
John M. Browning – Wizard of the modern firearms and pioneered the breech loading shot rifle.
John T. Thompson – pioneered the making of Thompson Submachine Gun (SMG) 1920
Gordon Ingram – designed the Prototype Ingram sub-machinegun during the late 1940.
David “Carbine” Williams – Maker of the first known” Carbine”
Alexander “John” Forsyth – Father of the “percussion ignition”
Elisha King Root – Designed the machinery for making Colt firearms
Eliphalet Remington – One of the first rifle makers
John Mahlon Marlin – Founder of Marlin Firearms Company
James Wolfe Ripley – Stimulated the development of the Model 1855 rifle musket
Samuel Colt (1814-1862) – produced the first practical revolver
Henry Derringer – an American gunsmith. He is best known for inventing and giving his name to the derringer pistol and soon to the whole class
of firearms including rifles and pistols.
John C. Garand – He designed and invented “Garand Rifle: a Semi-Automatic US Rifle, Caliber .30 M1, the world’s first self- loading rifle
usedduring both WWII and Korean war.
Richard J. Gatling – developed the hand-wranked machinegun. A development of the Duver Gatling type of machinegun
Oliver F. Winchester – One of the earliest rifles and pistols makers
Eugene Stoner – Chief Engineer and one of the top designers of AR15/M16 Armalite Rifle
George Lugger – he designed the 9mm Parabellum Cartridge
Uziel Gal – invented the Uzi submachine gun, in the 1950s and used by the Israeli army for the first time during its Sinai Campaign in 1956.
Mikhail Kalashnikov – invented the AK 47 Cal.30.
ArmaLite – The home of manufacturing company becomes almost a generic term. It happens with the colt produced M16, which has been
designed and develop at Armalite. The Armalite business was form by Charles Dorchester and George Sullivan in 1950.
Fedor Tokarev- Designed the service pistol of the Soviet forces.
Glock – established in 1996 and owned by Engineer Gaston Glock of Deutsch-Wagram, Austria.
Arms Corporation of the Philippines (Armscor) – Founded in 1952 - owned by the Squires Bingham Co. Inc, by Don Celso Tuason. Don
Tuason's oldest son Demetrio "Bolo" Tuason is the president and CEO of the company.
Daniel Myron LeFever – Credited with the invention of hammerless shotgun and introduced the first hammerless shotgun in 1878. This gun was
cocked with the external cocking levers on the side of the breech. He patents the first truly automatic hammerless shotgun in 1883.
Rodolfo Cosmi – He produced the first working prototype of semi-automatic shotgun in 1925, which had an 8 round magazine located in the
stock. While it reloaded automatically after each shot like a semi-automatic it had a break action to load the first shell.
Hiram Percy Maxim - inventor of the Maxim Silencer.
FIREARMS
Legal Definition of Firearm based on Sec 877 Revised Administrative Code
Firearms or arms as herein used, includes rifles, muskets, carbines, shotgun, pistol, revolvers, and all other deadly weapons, to which a bullet, ball,
shot, shell, or other missiles maybe discharge by means of gun powder or other explosives. This term also includes air rifle, except such of being of
small caliber and limited range used as toys. The barrel of every firearm shall be considered a complete firearm for all purposes based on Sec 877
Revised Administrative Code
Legal Definition of Firearm based on Republic Act No. 10591, an “Act Providing for a Comprehensive Law on Firearms and Ammunition and
Providing Penalties for Violations thereof” was signed into law on May 29, 2013.
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.
(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
(v) Loose firearm refers to an (1. unregistered firearm), an (2. obliterated or altered firearm), firearm which has been (3. lost or stolen), (4. illegally
manufactured firearms), registered firearms (5. in the possession of an individual other than the licensee) and those with (6. 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.
SEC. 9. R.A. 10591 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 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.
SEC. 10. R.A. 10591 Firearms That May Be Registered. – Only small arms may be registered by licensed citizens
Small Arms – refer to firearms intended to be 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:
Handgun is a firearm intended to be fired from the hand, which includes:
a) Pistol – is a hand-operated firearm having a chamber integral with or permanently aligned with the bore which may be self-loading;
b) Revolver – is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges.
Rifle – 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
Shotgun – is a firearm 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.
CLASSIFICATION OF FIREARMS
(According to Interior Barrel Construction)
1) Smooth Bore Firearms - Firearms that have no rifling (lands and grooves) inside their gun barrel.
2) Rifled Bore Firearms - Firearms that have rifling inside their gun barrel.
(According to Power)
1) High Powered- includes whose with bores of bigger in diameter including but not limited to cal. .40, .44, .45 and also lesser cal but considered
high powered such as cal. 357 and .22 magnum and other firearms with firing capability of fully automatic and by burst of two or three.
2) Low Powered- includes lesser in diameter such as rim-fire handgun, including but not limited to cal. .380 or cal. .32 and other firearms of
similar firepower.
(Firing Mechanism)
Single Action is a weapon in which pressure upon the trigger releases the hammer that must be manually cocked.
Double Action is a type in which pressure upon the trigger both cocks and releases the hammer. Actually this gun can be operated both through
(1.) cocking the hammer first and squeeze the trigger or directly (2.)squeeze the trigger to cock the hammer.
Double-Action-Only (DAO) is a firearm which the trigger system cocks and releases the hammer to fire the gun after each shot. This type
sometimes called hammerless firearm
CLASSIFICATION OF FIREARMS
1) Artillery - Refers to those type of firearms that propels projectile with more than one inch diameter.
Cannon -as the first European firearm.
Howitzer -is the cannon used to deliver shells along a parabolic trajectory.
Bazooka - refers to a lightweight rocket launcher and the first artillery weapon to use rockets as offensive missiles.
Gustav Gun -the largest gun ever used in combat by the German during the siege at Sevestapol in April 1942.
2) Small Arms - Are firearms that propels projectile with less than one inch diameter and it can be handled, moved and operated by one man.
A. Machine guns - Machine gun is a type of firearm that is primarily designed for military use. A type of weapon which fires or designed to
fire automatically or semi-automatically.
Sub Machine Gun (grease gun) - Is a light, portable form of machine gun, utilizing a pistol size ammunition, having a shoulder stock
that may or may not be folded and designed to be fired with both hands.
B. Shoulder Arms are those types of firearms that were normally fired from the shoulder.
Rifles- A shoulder weapon designed to fire a projectile with more accuracy through a long rifled bore barrel, usually more than 22
inches. It has usually a muzzle velocity of 2,500 feet per second and a range of 3,000 feet.
Carbine - A short barrel rifle, with its barrel rifle, measuring not longer than 22 inches. It fires a single projectile though a rifle-bore
either semi-automatic or fully automatic, for every press of the trigger.
Muskets - is an ancient smoothbore and muzzle loading military shoulder arms designed to fire a shots or a single round lead ball.
Shotgun - A smooth bore and a breech loading shoulder arms designed to fire a number of lead pellets or a shots in one charge.
a.Cylinder – equal diameter
b.Choke – reducing diameter
c.Paradox – contains rifling a few inch from the muzzle point.
C. Handguns - those type of firearms that are designed or intended to be fired using one hand.
Pistol - In early firearm history, all handguns are generally called as pistols. There were three classes of pistols in the period. The
single shot pistol, the semi automatic and the revolving pistols now known as the revolver.
Revolver - Revolver is a type of firearm designed to position cartridge into position for firing with the aid of a rotating cylinder
serving as its chamber.
Kinds of Revolver (based on their construction or mechanism)
1. Revolver with the barrel firmly fixed to the frame and the revolving cylinder may swing out to the side for the purpose of
loading or extraction of the spent shell.
2. Revolver with the barrel hinged to the frame and the revolving cylinder may be broken (break action)to load by releasing
the barrel latch.
3. Revolver with the barrel firmly fixed to the frame and the revolving cylinder may be removed by taking out the cylinder
pin on which it rotates.
8. Tools - are those devices which resembles a gun designed but are generally used for construction of furniture.
9. Traps - refers to gun used for trapping animals that are fired to woods.
AMMUNITION
Legal Definition:
Ammunition refers to loaded shell for rifles, muskets, carbine, shotgun, revolvers and pistols from which a ball, shot shell or other missiles maybe
fired by means of gun powder or other explosive. The term also includes ammunition for air rifles as mentioned elsewhere in the code. (Chapter
VII, Sec.290 of NIRC as well as Sec 877 RAC)
Section 3 RA 10591 (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.
Classification of Ammunition
According to its effect
1. Penetrators - pierce targets using a single bullet,
2. High explosives - burst before hitting their target, fragmenting into thousands of penetrating pieces or becoming a high-speed jet of molten
metal
3. Carrier projectiles - break open near the target to deliver leaflets, radar-deceiving materials, or submunitions (small ammunition).
According to Shape
a)Straight- where the whole body that extends from the point just above the extracting groove ‘til outside the mouth have the same in diameter. This
is the majority used in handgun.
b)Tapered type - used in rifle and machine gun ammunition. This type is called because the body measurement is gradually narrowed from bottom
to top.
c)Bottleneck or also called necked type since this type possesses neck that is apparently similar to bottle’s neck that holds the bullet in place.
Shotgun Ammunition
Shotgun Shell. Refers to a single unit of ammunition for shotgun. It consists of a tubular case, (either paper, plastic, or metal) with a metallic base,
containing the primer, powder or propellant, wads, and shots of pellets.
Parts of a Shotgun Shell
1.Tubular case – case usually made up of paper, plastic or metal
2.Metal base - containing primer, powder or propellant
3.Wads – base wad, over-powder wad, filler wad, closing wad
Over-powder and filler wad - serve to seal the gun bore to prevent the gas pressure from leaking around the shot charge. The wads are very
important because they serve to identify the gauge and type of ammunition used. Among the wads, the closing wad has printed on its
outside face, letters and figures which give all or part of the following information:(.Name of manufacturer, Brand name of shell,
Amount of powder, Amount of shot, and Size of shot)
4. Shots charge or pellets – term in shotgun projectile.
Buckshot. These are comparatively large lead balls formed in molds, without hardeners alloyed with the lead.
Drop shot. These are smaller lead balls which is formed by pouring molten lead alloy through perforated pans of selected sizes located
at the top of a shot tower.
BULLETS
“Boullette” (French word of a Bullet) - meaning a small ball.
This term is generally used when we are referring to projectile fired from any small arms, which has a variety of form, especially during the earlier
history. In a more technical sense, bullet refers to a metallic or non-metallic cylindrical ball propelled from a firearm it is sometimes called as shots
or slugs.
General Types of Bullets
Lead Type – is a type of a bullet that is basically composed of lead metal. Its used was due to its density; having a good weight is a small size
and easy for casting.
Jacketed Type – Is a type of bullet consisting of the regular lead core, coated with a copper alloy in order to prevent lead fouling of the barrel
and is generally used in pistols and other high power guns
CARTRIDGE CASE
Cartridge Case - is the metallic or non-metallic tabular container usually of brass (70% copper and 30% zinc) designed to unite the bullet,
primer and the gunpowder into one unit. It is also known as shell or casing.
Functions of the Cartridge Case
1. It locates the bullet properly relative to the bore of the firearm.
2. It is used to carry the means of ignition.
3. It provides gas seals at the breech against an unwanted escape of propellant gas upon firing.
4. Serves as waterproof container for the propellant or powder charge.
5. Acts as the insulator between the propellant and the hot walls of the chamber in a rapid firing of firearms.
Alexander John Forsyth – a Scotch Presbyterian minister, chemist and a hunter and a well-authority to firearm who is credited for being the first to
conceive the idea of using detonating compound for igniting powder charges in a small arms by “percussion” and in 1807 he obtained a patent for
this idea.
Department. Berdan primer cup contains only the priming mixture, with two vents or flash hole and placed upon at the top of both sides
of the primer cup.
B. The Boxer on the other hand, was developed by Col. Edward M. Boxer of the Royal Laboratory at Woolwich Arsenal in the year 1866. It
contains only one vent or flash hole and centered on the top of the primer cup.
C. Battery Cup Type – usually used for shotgun shell, which is simply a variation of the Boxer type.
GUNPOWDER
Gunpowder (also called as propellant or Power Charge) is that mixture of chemicals of various compositions designed to propel the projectile by
means of its expansive force of gas when burned. Deflagration is the process of rapid and confined burning of the propellant.
Roger Bacon – an English monk and scientist, credited for the invention of gunpowder in 1248.
Berthold Schwartz (real name CONSTANTINE ANKLITZEN) – A German monk, recognized for the application of gunpowder to the propelling of
a bullet in the early 1300.
Classification of Gunpowder
A. Black powder – first gunpowder to be discovered by Roger Bacon and Berthold Schwartz, the English and the German monks respectively, is the
oldest among the propellant with the following characteristics.
Characteristics of a Black powder
1.It consists of irregular grains, which depending on the manufacturing process.
2.Have either dull or shiny black surface.
3.When fired, it produces large volume of grayish or white smoke and considerable residue left in the barrel. In burning, it gives off a large
amount of gas.
4.Quick flash
Composition of Black Powder:
a.Potassium Nitrate/ Saltpeter……………………………. 75%
b.Charcoal……………………………………………….. 15%
c.Sulphur…………………………………………………. 10%
B. Semi-Smokeless Powder – in the late 1890’s and early 1900’s semi-smokeless powder began to be used as a substitute for black powder. It is
essentially a powder having some of the ingredients of black powder and some of smokeless powder.
Characteristics of Semi-Smokeless Powder
1.Medium rate flash with less smoke than the black powder.
2.The residue does not harden and cake in the barrel to some undesirable extent as with black powder.
3.Composed of black irregular grains, usually duller in appearance than black powder grains.
Composition of Semi-Smokeless Powder
a. Sulphur
b. Potassium nitrate
c. Charcoal
d. Nitrocellulose
C. Smokeless Powder – the most powerful among the propellant. This type of powder commonly use now in modern small arms ammunition.
Nitrocellulose and Nitroglycerine as the major ingredients, mixed with one or more minor ingredients such as centralite, Vaseline esters, inorganic
salts and etc.
Characteristics of Smokeless Powder
1.Relatively slow burning with little smoke with minute residue in the barrel.
2.It is a true chemical compound
3.Smokeless powder grains have perfectly definite shape such as; small squares, flakes, sticks, spheres, pellets or perforated cylindrical grains.
4.Manufactured principally from nitrated cotton which is called “NITROCELLULOSE”
Composition of Smokeless Powder
a. Nitrocellulose…………………………………………. 60 parts
b. Nitroglycerine………………………………………… 35 parts
c. Vaseline…………………………………………………. 5 parts
ingredient of smokeless powder in 1846. He also promoted its use as a blasting explosive.
Paul Vieille – a French engineer working on behalf of the French government, invented a good smokeless powder for rifles in 1884 which is called
POUDRE B, made from gelatinized guncotton mixed with ether and alcohol.
Alfred Nobel – developed a smokeless gunpowder called BALLISTITE in GREAT BRITAIN in 1887.
Sir Frederick Abel and James Dewar – responsible for the modification of ballistite which eventually became known as CORDITE.
Hudson Maxim – obtained a patent for smokeless powder in USA in 1890.
Classification of Explosive
a) Low Explosive - an explosive with a velocity of detonation less than 1,000 meters per second e.g. black powder and smokeless powder.
b) High Explosive - an explosive with a velocity of detonation more than 1,000 meters per second e.g. dynamite and RDX
c) Primary high explosive - a high explosive that is easily detonated by heat or shock or friction e.g. primers. (lead azide, lead Styphnate)
d) Secondary High explosive - relatively insensitive to heat, shock or friction. It has to be detonated by a primary explosive e.g. Dynamite,
TNT (trinitrotoluene) PETN (pentaerythritol) and RDX (cyclotrimethylenetrinitramine) and tetryl.
d. Lapping – This is the polishing operation in which lead plug closely fitting the inside of the barrel is drawn back and forth on a rod carrying
with it a polishing compound. This operation polishes both the land and groove areas of the barrel and remove many of the larger
imperfections resulting from the cutting operations.
e. Chambering Process – This is the final step in making gun barrel. Chambering or cutting away of the breech end of the barrel where the
cartridge or shotgun shell is to fit.
Breechface Manufacture
Another stage of firearm manufacturing which is very important in identifying the firearm is the finishing operations on the breechface of the
weapon. This is that portion of the firearm from which the cartridge case and the primer are forced backwards when a cartridge is fired in the
chamber. As this occurs, the base of the cartridge case will be imprinted with the tool markings on the breechface of the firearm. This happens
because the base of the cartridge case is softer than the breechface of the firearm. “Therefore, when the soft surface comes in contact with a hard
surface under tremendous pressure, it is the soft surface that is left or engraved with the toolmark from the hard surface.
g) Depth of the Grooves - the groove’s depth if measured on a radius of the bore. Grooves are usually few thousandths of an inch deep, which
equal to the height of the lands.
Types of Rifling
1) Steyer Type - is the type of rifling having four (4) lands and grooves, right twist and the width of the lands grooves. (4 RG=L)
2) Carbine Type - rifling having (4) lands and grooves, right twist, the width of the grooves is two (2) times the width of the lands (4RG2X).
3) Smith and Wesson - rifling having (5) lands and grooves, right hand twist , the width of the land and grooves are equal. (5RG=L)
4) Colt - type of rifling having six (6) lands and grooves, left twist, the width of the grooves is twice (2) the width of the lands. (6LG2X)
5) Browning - type of rifling having (6) lands and grooves, right hand twist, the width of the grooves is twice the width of the lands. (6RG2X)
6) Webley - Rifling having seven (7) lands and grooves, right hand twist, the width of the groove is three time larger than the boarder of the lands.
(7RG3X)
7) Winchester - Rifling having six (6) lands and grooves, right hand twist, the width of the grooves is three time larger the width of the lands.
Individual Characteristics - are meant for those characteristics which are being determined only after the firearm was already been manufactured.
They are the product of machine imperfections and some later due to the used of the firearms.
Two Types of Markings (Individual)
1) Impression type – those markings caused by direct pressure contact. (ex. Breechface mark)
2) Striated mark – those markings caused by sliding contact. (ex. Minute striations on the cylindrical surface of the bullet)
(if information was obtained through telephone call, note accurately the time the call was received before leaving).
b) Look for living person immediately at the place
(witness, victim, suspect if possible)
c) If an injured person is at the scene, arrange for medical attention, identification or removal. The scene should be disturbed only to the
extent necessary to have medical aid rendered to the injured or have a doctor examine a deceased victim. Each alteration should be accurately
recorded. It’s but proper to take photographs for recording purposes.
3. Collection of Evidences
Great care should be exercised when collecting physical evidences. Be sure that you “don’t MAC” the evidence.
M – mutilate the evidence
A – alter the very nature of the evidence
C – contaminate the evidence
HOW TO COLLECT FIREARM(S) AT THE SCENE OF THE CRIME
At the scene, the firearm should be picked up by the investigator using a handkerchief or small string or small wire inserted through the “trigger
guard” of the firearm.
1) Be sure that in picking up the suspected firearm, the muzzle point of the barrel is not pointed towards the person picking it up, nor it is
pointed to any one in the vicinity.
2) If it is a revolver and is in full cocked position, there’s always the danger of a little amount of” jarring” when picking up as the gun might
fire, causing additional shooting or accident. A piece of crumpled paper or carton may be placed just in front of the hammer after which
the trigger should be checked. This is done to prevent accidental or unnecessary firing.
1. Physical evidences like fired bullets, fired shells, firearms and allied items should be properly marked or labeled for future identification as they
are collected. This procedure is very important because:
a) The officer may be called to the witness stand several weeks, months or years after the commission of the crime to identify objects
collected at the scene.
b) The officer cannot completely rely on his memory because of several other cases in between.
c) Defense may require that the complete chain of possession or custody of the ballistics exhibits be established.
2. Identification is easily determined by means of a “mark” or label which has been placed on the physical evidence
The following steps are used when marking physical evidence or ballistics exhibits:
a) Use a distinctive mark such as initials of the recovering officer.
Do not use “X” for marking because “X” is a universal mark and that is hard or difficult to distinguish one “X” from other “X”.
b) Record the mark used and the position of the marks present on the object.
c) Record the serial number or other distinctive marks present on the object.
d) Mark the object itself, taking care not to damage or alter it.
e) Always mark the container in which the object is placed even the object itself is already marked.
f) When tags are used, mark corresponding entry in the tag and attach it securely to the object.
The field investigator can do this by the use of STYLUS, SCRIBER, SHARP KNIFE, or any pointed instrument. In cases wherein the nose or
anterior or anterior portion of the fired bullet is badly damaged or deformed, the markings should be placed at the base portion of the bullet.
Besides markings these main parts of the firearm, a “tag” may be made and filled up with the following entries:
1) Type of firearm – revolver, pistol, rifle, shotgun etc. 5) Date of recovery
2) Make or model of the firearm 6) Name of victim (if known)
3) Caliber of the firearm 7) Name of suspect (if known)
4) Serial number (most important) 8) Other features of value
BASIC PRINCIPLE:
1.Firearms identification is actually a refined tool mark identification.
2.The natural wear and tear of the tools is involved.
3.When a soft surface comes in contact with the hard surface, the soft surface is left with impressions or scratches from any irregularities
on the hard surface.
4.The fact that no two things are absolutely identical.
5.Principles of firearm identification states that “no two barrels of firearms are microscopically identical as the surface of their bore
possesses individual characteristics.
6.These scratches or striations vary from gun to gun and it can be said that “no two guns will leave the same scratches or impressions on a
fired bullets and shells.
TYPES OF PROBLEMS: There are seven (7) types of problem in Firearms Identification, namely:
Type 1 – Given a fired bullet: to determine the caliber and type of firearm from which it was fired.
Type 2 – Given a fired cartridge case: to determine the caliber and type of firearm from which it was fired.
Type 3 – Given a fired bullet and a suspected firearm: to determine whether or not the bullet was fired from a suspected firearm.
Type 4 – Given a fired cartridge case and a suspected firearm: to determine whether or not the cartridge case was fired from a suspected
firearm.
Type 5 – Given two or more fired bullets: to determine whether or not they were fired from one and the same firearm.
Type 6 – Given two or more fired cartridge cases: to determine whether or not they were fired from one and the same firearm.
Type 7 – Given a suspected firearm: To determine if the suspected firearm is serviceable.
TECHNIQUES OF EXAMINATION
1. Physical – Evidence bullets, cartridge cases and suspected firearm once submitted by the requesting party will be physically examined to
determine its markings or initials made by the investigator for identification purposes. If no identifying marks were found the
firearms examiner will, before anything, affix his own identifying markings or initials derived form the names of the requesting party,
victim or suspect in that order of priority.
Bullets of different class characteristics will be segregated from one another especially the determination of caliber, number of lands
and grooves, twist of rifling, etc. to facilitate its easy final microscopic examination.
Cartridge cases will also be segregated to determine the caliber, type and make of firearm from which they were fired. Misfired or
dud cartridges will also be taken into consideration. Although they may not have any ballistics probative value, yet, they may give a
clue to the solution of a crime.
2. Test Firing – The firearm is test fired before a bullet recovery box in order to obtain test bullets and test cartridge cases for comparison
with the evidence bullets and cartridge cases, respectively,. But before firing, the cartridge will be marked at the side of the case and
on the nose portion of the bullet with letter “T” (to represent test) followed by the last two digits of the serial number of the firearm
of the test to be made (eg) T-77-1, T-77-2, and T-77-3 in their order of firing to distinguish the number 1 test from the number 2 or 3
as the case may be.
3. Microscope Examination – After the recovery of the test bullets and cartridge case, they will be compared with the evidence cartridge
cases under the Bullet Comparison Microscope to determine whether or not the have the congruency of striations or the same
individual characteristics.
Under the microscope the two fired bullets or fired cartridge cases can be examined in a juxtaposition and whatever the observation and
findings obtained during the examination can be photograph for court presentation and also to give the court a better understanding and
good appreciation of how he came to that conclusion.
Every examiner, no matter how experienced or expert he may be, has had the experience of spending many hours in the attempt to get
the satisfactory and convincing matching in cases where there was every reason to believe that it was the gun that fired the evidence bullet
or shell. Obtain matching as many as possible, because convincing one’s self
FINDINGS/CONCLUSION
Findings are the bases of conclusion. A conclusion cannot be made without the findings. A good conclusion is always based on good
findings. In comparative examination of the evidence bullet that are found on the periphery running from the forward shoulder to the base
portion (these are surface of the barrel), are discernible with the test bullet or if they have the congruency, correspondence or intermarriage,
then the evidence bullet and the test bullet were fired from one and the same firearm.
Clip or magazine markings may also give visible markings. Like the ejector or extractor markings if considered single may not be a
basis for conclusion. This only serves as corroborative characteristics but certainly lacks legal significance. This is so because the case may
have these markings even if they were unloaded from the firearm without firing. As a rule, the point of the examination and comparison is
at the area of the primer proper where breechface markings together with the firing pin impression are located. Primers are softer metals
and receive more prominent striation than any other portion of the base.
Conclusion is the opinion gathered from the finding. This is the end result of the examination and should be taken seriously as it involves
the life and liberty of the suspect.
A. When the evidence and the test bullets or cartridge cases have the same individual characteristics, the competent examiner will
conclude that they were fired from one and the same suspected firearm.
B. If they have different individual characteristics, certainly, the evidence bullets or cases were not fired from the suspected firearm.
C. Where the evidence has no prominent or minor striations that the three tests, it calls for uncertainty and doubt for a positive or negative
conclusion. Only those evidence bullets or cases that have the same individual characteristics may be taken of photomicrograph for Court
presentation.
In the comparative microscopic examination of the evidence bullet/shell with the test fired bullet/shell a firearms examiner will
arrive at one of three the conclusions:
1.Identification signifies a match between two ammunition components (bullet, shell) or a match between an ammunition components and
firearm with respect to its class and individual characteristics.
2.Exclusion represents a non-match between the examined items of evidence either class or individual characteristics. The possibility of an
association between the items is excluded.
3.No Conclusion indicates that the ammunition components could neither be identified nor eliminated as having been fired by a particular
weapon based on the quantity and quality of microscopic markings.
*The examination of pellets is the hardest examination because of the absence of the land and groove marks. The usual findings include:
1) The gauge of the shotgun as determined by the presence of the wad which shows the gauge;
2) Kind of shot shells.
*If a hole is caused by a bullet, the findings should be: the hole could have been caused by the bullet. This is the Chemist’s job. If the
finding is insufficient, nothing is accomplished.
It is designed to permit the firearm examiner to differentiate two fired bullet or shell, by simultaneously observing their magnified image in
a single microscopic field. Fired bullet and shell are examined and compared in either INTERMARRIAGE (half of the same image of the
evidence bullet/shell and half of the same image of the test bullet/shell of the same direction,
the same magnification, and the same level or plane are merge into one image to look for the congruency of stations or the same markings)
and in JUXTAPOSITION (critical side by side comparison at the same time, direction, magnification, image
and level or plane to find the same feature, structure of striations to the specimens under observation).
During the 1920’s forensic science began to play a role in many major cases. Calvin Goddard became known as a major forensic scientist
during this time. His passion for ballistics and justice led to his most famous invention, the comparison microscope. As he made a name for
himself in this field, he is known as the “FATHER OF THE MODERN BALLISTICS”. He was called upon to solve many challenging
cases including the Sacco and Vanzetti Case and The St. Valentines Day Massacre.
B. Sterioscopic Microscope
It is generally used in the primary examinations of fired bullet and shells to determine the relative distribution of the
class characteristics or for orientation purposes. It does not have any other camera attachment and no photomicrograph can be taken for
court presentation. It can also be used in the closed-up examination of tampered serial numbers of firearms. • In the middle of 19th century,
Francis Herbert Wenham of London designed the first successful stereomicroscope. The first modern stereoscopic microscope was
introduced in the United States by Cycloptic.
C. Shadowgraph
It contains a series of microscopic lenses of different magnifications that can be used in examining fired bullets or fired shells to
determine the class characteristics and also for orientation purposes. This instrument contains a large circular ground glass, and a diameter
about 14 inches, wherein the observation and comparison of class characteristics is done similarly
with the bullet comparison microscope, it can take photomicrographs of the observations and comparisons made in the circular ground
glass.
In test firing suspected firearms, it is a standard procedure to use ammunition that are of the same caliber, make or brand and manufactured
in the same year as that of the evidence bullet or shell. The purpose of this is primarily to subject the suspected firearm to the same
conditions under which it was alleged to have been at the time of the commission of the crime.
Water is one means to obtain test bullets and shells because the microscopic marks on the cylindrical or peripheral surface of the bullets are
preserved for good use. The same is true with cotton. But in test firing in a water tank, one fires the gun in a vertical position which
sometimes causes water to be splashed into the face of the one firing the gun.
F. Helixometer
This is the type of instrument used in measuring “pitch of riflings” of firearms. This instrument is generally used in highly advanced
ballistics laboratories or commercial agencies.With this instrument, it is possible to measure the angle of twist in a rifled pistol or revolver
barrel. It is used in inserting the telescope and aligning it with the axis of the bore. The scope is mounted in a rotatable bearing, with a
graduated disc which permits reading circular measurements to three minutes of an arc. • This instrument was invented by John H. Fisher.
G. Caliper
This is an instrument used in making measurements such as bullet diameter, bore diameter, barrel length, and other important details.
H. Micrometer
Similar in use as calipers but it can only measure the diameter of bullet.
J. Onoscope
A small instrument sometimes used in examining the internal surface of the gun barrel. It has a tiny lamp at the terminal portion and this is
inserted inside the bore for internal examinations.
K. Taper Gauge
Used primarily for determining the bore diameter of firearms.
M. Chronograph
Used primarily for determining the speed of the bullet or the muzzle velocity of the bullet.
C. Brasscatcher – an automated cartridge case image analysis system. It incorporates the exacting forensic science software required
to extract the marking of signature from an expended cartridge case, similar in operation to Bulletproof. It has the ability to
automatically search the database of cartridge cases and rank in descending order the most likely hits.
D. Drugfire – developed by the Federal Bureau of Investigations and Mnemonic Systems Inc., is a new computerized technology
that will allow the Forensic Firearm Examiner to associate previously unrelated firearms involved in different cases. This is a
data-based driven multi-media system designed to increase the effectiveness of Forensic Firearm Examiner in searching open
case expended cartridge and bullet files. This system also integrates a forensic database, audio, video, digital imaging, and
telecommunications to aid the examiner in his quest to associate unrelated cases.
RELEVANT JURISPRUDENCE
Proclamation No. 1081 was the document that contained a formal proclamation of martial law in the Philippines by President Ferdinand
Marcos, as announced to the public on September 23, 1972. Marcos’s concrete response to these challenges. In its effort to legitimize the
military government and to undermine the use of firearms of both insurgents and secessionist movements, Marcos promulgated the
following state policies under the martial law regime
General Order No.06 - prohibition to use unlicensed firearms
General Order No.07 - authorizing uniformed personnel to carry firearms
General Order No.07-A - inclusion of other government agents to the authorization order
General Order No.22 - laid down the guideline on the classification of firearms
Presidential Decree 1866, Codifying the laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition, of
firearms, ammunition, or explosives or instruments used in the manufacture of firearms, ammunition or explosives, and imposing stiffer
penalties for certain violations. Police authorities can go after manufacturers of illegal firearms, curtail the proliferation and sale of illegal
firearms of ammunition in the market and address critical public safety concerns at that time.
Ferdinand Marcos signed Presidential Decree 1866 on June 29, 1983, providing for the general rules on possession, manufacture, and
trade of firearms and ammunition as well as the corresponding penalties for violations. Similarly, it also provides for the rules that govern
men and women in uniform as far as firearms possession and use are concerned. The existing law on firearms, PD 1866, states that a
civilian is allowed ownership of only one long arm and one short arm, this ruling was “relaxed” during the time of former President Estrada.
Despite the absence of implementing rules and regulation (IRR), the gun groups still view Executive Order 164 issued by President Estrada
in February 2000 as a general repeal not only of the one-long, one-shot rule but also a repeal of the ban regarding civilian ownership of
high caliber firearms.
In the Philippines, gun ownership remains a privilege. Hence, the state has within its power the authority to issue stringent measures on
civilian possession. The Revised Administrative Code (RAC) of 1917, particularly Section 877 to 906, provided the first legal definition
of a firearm and granted the Police Constabulary regulatory powers over it. This law provides that the barrel of any firearm shall be
considered a complete firearm. Moreover, Section 878 of RAC requires the license of firearms, Section 879 justifies the issuance of
service firearms to state security forces and deputized officers, Section 883 requires all individuals who wish to start a business of firearms
dealing must secure a license from the government, and Section 887 allows private individuals to possess firearms for self-protection.
National Emergency Memorandum Order No. 6, issued in 1990, requiring the re-registration of all civilian firearms, the inventory of all
government-issued firearms. The subsequent Executive Order 22 (1993) mandated the surrender of the licensing of all loose firearms and
the establishment of a central records unit.
The RA 7166, an act providing for synchronized national and local elections and for electoral reforms, authorizing appropriations therefor,
and for other purposes. Synchronized Election Law, passed in 1991 provided for the legal basis of a gun ban during the election period.
Executive Order 171 (2003) issued by Former President Arroyo, however, reversed the EO 164 ruling on the matter of gun caliber but was
silent on the number of guns that may be owned by civilians. Nevertheless, it was the PN that issued a cap of ten firearms per civilian. This
law prohibits paltiks from being licensed. The paltik is effectively a ghost gun; an unregistered weapon bearing no serial numbers.
Republic Act 8294. An act amending the provisions of presidential decree no. 1866, as amended, entitled “codifying the laws on
illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives or instruments used
in the manufacture of firearms, ammunition or explosives, and imposing stiffer penalties for certain violations thereof, and for relevant
purposes” Republic Act 8294, amended PD 1866 and was signed into law on June 6, 1997, and Republic Act 9516 (Illegal possession of
explosives), signed on December 22, 2007. RA 8294 increased the penalties for illegal possession of firearms, and included in the
definition of ünlicensed firearms” those with an expired license and/or those with a license but are used without authorization in the
commission of a crime. This law states that “illegal possession of firearms has a penalty of prision correctional in its maximum period and
fine of not less than fifteen thousand pesos (Php 15,000.00). Legally, guns cannot be brought outside the home without a permit to carry
(PTC) which issued only by the Chief PNP, except during the election period when issuance of the PTC rests with the Commission on
Election (COMELEC). The reality, however, paints a different picture, as penalties seem to pose little deterrence for illegal gun holders.
Republic Act (RA) No. 10591, otherwise known as “An Act Providing For A Comprehensive Law on Firearms and Ammunition and
Providing Penalties For Violations Thereof,” was signed into law by the President of the Philippines on May 29, 2013. 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. This law recognizes the right of its qualified citizens to self-defense when it is the reasonable means to repel the unlawful
aggression under the circumstances, the use of firearms, and only small arms may be registered by licensed citizens or licensed
juridical entities for ownership, possession, and concealed carry.
PENALTIES FOR UNLAWFUL ACTS UNDER THE NEW FIREARMS LAW OF THE PHILIPPINES
Reclusion Temporal to Reclusion Unlawful Acquisition, or Possession of three (3) or more small arms or Class-A light weapons
Perpetua
Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts
(that is, from 12 years and 1 day to
Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of
40 years)
Firearms, Ammunition or Parts Thereof.
Class-A Light weapons
Refers 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.
Reclusion Temporal Disposition, Sale or Transfer of government-issued firearms, ammunition or major parts of
(that is, from 12 years and 1 day to firearms or light weapons by any law enforcement agent or public officer to private
20 years) individuals.
Prision Mayor in its maximum Unlawful Acquisition, or Possession of Class-A light weapon
period Unlawful Acquisition, or Possession of a major part of a Class-B light weapon
(that is, from 10 years and 1 day to Unlawful Acquisition, or Possession of ammunition for a Class-B light weapon;
12 years) Planting Evidence – 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.
Prision Mayor in its minimum Acquisition or Possession of a major part of a small arm
period
(from 6 years and 1 day to 8 years Acquisition or Possession of an ammunition for a small arm or Class-A light weapon.
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.
Fine Only
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 period of thirty (30) days from said transfer to notify the FEO
of the PNP of such change of address.