Republic of the
Philippines
CONGRESS OF THE PHILIPPINES Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in
Metro Manila, on Monday, the twenty-third day of July, two thousand twelve.
REPUBLIC ACT No. 10591
AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON
FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled:
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, hut not limited to, laser scope,
telescopic sight and sound suppressor or silencer.
(b) Ammunition refers
to a complete unfixed unit consisting of a bullet, gunpowder, cartridge case and
primer or loaded shell for use in any firearm.
(c) Antique firearm
refers to any: (1) firearm which was manufactured at least seventy-five
(75) years prior to the current date but not including replicas; (2) firearm
which is certified by the National Museum of the Philippines to be curio or
relic of museum interest; and (3) any other firearm which derives a
substantial part of its monetary value from the fact that it is novel, rare,
bizarre or because of its association with some historical figure, period or
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
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 parte thereof, at wholesale or retail basis.
(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.1âwphi1
(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 PEO 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 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.
(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 provider in this Act, excluding security guards.
(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 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.
(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 or altered firearm refers to any firearm whose serial
number or other identification or ballistics characteristics have been
intentionally tampered with, obliterated or altered without authority or in
order to conceal its source, identity or ownership.
(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;
(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.
Section 6. Ownership of
Firearms by the National Government. – All firearms owned by the National
Government shall be registered with the 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 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.
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
(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 firms,
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 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:
(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 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.
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 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;
(d) The penalty of reclusion
perpetua shall be imposed upon any person who shall, unlawfully acquire
or possess a Class-B light weapon;
(e) The penalty of one
(1) degree higher than that provided in paragraphs (a) to (c) in this section
shall be imposed upon any person who shall unlawfully possess any firearm
under any or combination of the following conditions:
(1) Loaded with
ammunition or inserted with a loaded magazine;
(2) Fitted or mounted
with laser or any gadget used to guide the shooter to hit the target such as
thermal weapon sight (TWS) and the like;
(3) Fitted or mounted
with sniper scopes, firearm muffler or firearm silencer;
(4) Accompanied with
an extra barrel; and
(5) Converted to be
capable of firing full automatic bursts.
(f) The penalty of prision
mayor in its minimum period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a small arm;
(g) The penalty of
prision mayor in its minimum period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a small arm or Class-A
light weapon. If the violation of this paragraph is committed by the same
person charged with the unlawful acquisition or possession of a small arm,
the former violation shall be absorbed by the latter;
(h) The penalty of prision
mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-A light weapon;
(i) The penalty of prision
mayor in its medium period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-A light weapon. If the
violation of this paragraph is committed by the same person charged with the
unlawful acquisition or possession of a Class-A light weapon, the former
violation shall be absorbed by the latter;
(j) The penalty of prision
mayor in its maximum period shall be imposed upon any person who shall
unlawfully acquire or possess a major part of a Class-B light weapon; and
(k) The penalty of prision
mayor in its maximum period shall be imposed upon any person who shall
unlawfully acquire or possess ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the same person charged with the
unlawful acquisition or possession of a Class-B light weapon, the former
violation shall be absorbed by the latter.
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: 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 of 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.
Section 31. Absence of Permit
to Carry Outside of Residence. – The penalty of prision correccional and
a fine of Ten thousand pesos (
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 to 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.
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 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.
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 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 (
Likewise, a fine of Five thousand pesos (
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.
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.
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,
This Act which is a consolidation of Senate Bill
No. 3397 and House Bill No. 5484 was finally passed by the Senate and the
House of Representatives on February 4, 2013 and February 5, 2013,
respectively.
Approved: May 29, 2013
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines |
Friday, July 26, 2013
Republic Act 10591
Subscribe to:
Post Comments (Atom)
ELEMENTS OF VIOLATION IF NO PERMIT TO CARRY OUTSIDE OF RESIDENCE
ReplyDelete