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SOME NOTABLE FEATURES OF THE COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION

ACT (RA 10591)

Introduction

On May 29, 2013, the President of the Philippines approved into law Republic Act No.
10591 otherwise known as the “Comprehensive Firearms and Ammunition Regulation Act.”
The law recognizes the right of its qualified citizens to self-defense through the use of firearms
and regulates 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.

The law did not entirely wipe off Presidential Decree No. 1866 as well as its amendatory law,
Republic Act No. 8294. Only Sections 1, 2, 5, and 7 of PD 1866 and Section 6 of RA 8294 were
repealed. This means that the provisions of these laws pertaining to explosives were retained
and, as such, the unlawful manufacture, sale, acquisition, disposition or possession of
explosives such as hand grenade, rifle grenade, and other explosives, continues to be
punishable under the old law.

Some Notable Features of the New Law

Some of the notable features of the new firearms law are: (1) it classified the firearms
according to power, and increased the penalties for offenses relative thereto; (2) it provides
separate and lighter penalties for offenses pertaining to ammunition; (3) it likewise provides a
separate and lighter penalties for offenses pertaining to major parts of firearms; (4) it defines
and punishes new offenses relating to firearms and ammunition; (5) it provides for qualifying
circumstances for the offense of possession or acquisition of firearms, and aggravating
circumstances for the use of loose firearms in the commission of a crime; (6) it regulates
ownership and possession of firearms and ammunition by qualified citizens; (7) it regulates
the registration and licensing of firearms; (8) it treats use of an imitation firearm in the
commission of a crime as a real firearm; and (9) subject to an exception, it limits the
registration of small arms only to licensed citizens or juridical entities for ownership, possession
and concealed carry.

Classification of firearms.

Under the new firearms law, firearms are classified into: (1) Small arms; (2) Class—A
Light Weapons; and (3) Class—B Light Weapons. Parenthetically, under the old law, firearms
are classified as low-powered and high-powered, in addition to explosives, and providing
single penalties for each.

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, and it includes a pistol and a revolver;
(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
or intended to fire a number of ball shots or a single projectile through a smooth bore by the
action or energy from burning gunpowder.

Class—A Light Weapons refer to self-loading pistols, rifles and carbines, submachine
guns, assault rifles and light machine guns not exceeding calibre 7.62MM which have fully
automatic mode.

Class—B Light Weapons refer to weapons designed for use by two (2) or more persons
serving as crew, or rifles and machine guns exceeding calibre 7.62MM such as heavy
machine guns, handheld underbarrel and mounted grenade launchers, portable anti-
aircraft guns, prortable anti-tank guns, recoilless rifles, portable launchers of anti-tank missiles
and rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a
calibre of less than 100MM.

Offenses Punished.

While the old law punished basically two (2) offenses relating to firearms and explosives,
without regard to the nature of the offense whether it be possession, disposition, acquisition,
manufacture or sale, the new law separated the offenses of acquisition or possession from
the offenses of manufacture, importation, or sale of firearms and ammunition and provides a
higher penalty to the latter.

The following are the offenses punished under the new law:

A—Offenses relating to acquisition or possession:

(1) Unlawful acquisition or possession of firearms;

(2) Unlawful acquisition or possession of ammunition;

(3) Unlawful acquisition or possession of major parts of a firearm;

(4) Buying or possession of stolen part or material from a company engaged in the
manufacture and sell of firearms and ammunition, when the buyer or possessor is aware that
such part or material was stolen (Sec. 32, par. 3);

It must be noted that the offense of unlawful possession or acquisition of ammunition of


Class—A Light Weapon punished under Sec. 28 (i) was repeated under paragraph (g),
which provide a lighter penalty therefor.

B—Offenses relating to manufacture, importation or sale:

(1) Unlawful manufacture, importation, sale or disposition of firearms, ammunition, major part
of a firearm or ammunition, or machinery, tool or instrument used or intended to be used in
the manufacture of a firearm, ammunition or major part thereof (Sec. 32);

(2) Arms smuggling (Sec. 33);

(3) Unlawful taking, sale or disposition by labourer, worker or employee of a licensed firearms
dealer 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
(Sec. 32);

It is worthy of note that 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. It is doubtful, however,
whether possession of such machinery, tool or instrument is punished by the first paragraph of
Section 32. What is punished by said paragraph is the unlawful manufacture, importation,
sale or disposition of machinery, tool or instrument. It hardly includes as punishable intent to
use machinery, tool or instruments intended to be used for the manufacture of firearms and
ammunitions.

C—Other related offenses:

(1) Carrying of firearms outside of residence without legal authority (Sec. 31);
(2) Tampering, Obliteration or Alteration of Firearms Identification (Sec. 34);

(3) Planting of firearms, ammunition or parts thereof as evidence (Sec. 38);

(4) Failure to notify lost or stolen firearm (Sec. 40);

(5) Illegal transfer or registration of firearm (Sec. 41); and

(6) Fraudulent facilitating the registration of a firearm by a public officer (Sec. 41, 2nd par.).

Qualifying or Aggravating Circumstances.

Circumstances relating to possession. — The offenses of acquisition or possession of


short arms and/or Class—A Light Weapons may be qualified by the possession of three or
more short arms or Class—A Light Weapons, in which case the penalty shall be reclusion
temporal to reclusion perpetua.

Illegal possession of short arms or Class—A Light Weapons may also be qualified by any
or combination of the following conditions namely:

(1) When the firearm is loaded with ammunition or inserted with a loaded magazine;

(2) When the firearm is 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) When it is fitted with sniper scopes, firearm muffler or firearm silencer;

(4) When it is accompanied with an extra barrel; and

(5) When it is converted to be capable of firing full automatic bursts.

In such cases, the penalty shall be one (1) degree higher than that provided for offense, and
the offense may be called Qualified Illegal Possession of Firearms.

Circumstances relating to use.—The use of a loose firearm, when inherent in the commission
of a crime punishable under the Revised Penal Code or other special laws, such as, for
example, murder or homicide, shall be considered as an aggravating circumstance.
However, if the crime committed is penalized by law with a maximum penalty lower than the
penalty for illegal possession of firearm, the penalty for the latter shall be imposed in lieu of
the penalty for the crime charged. On the other hand, if the penalties are equal, the penalty
of prision mayor in its minimum period shall be imposed in addition to the penalty imposed
against the offender for the crime committed (Sec. 29).

Notably, if the firearm used in the commission of a crime is licensed, the use of such firearm
shall not be considered as an aggravating circumstance. If there be any violation of the law,
it shall be treated as a distinct and separate offense (Sec. 29), as, for instance, carrying of
the firearm outside of residence without authority therefor.

Penalties.

The penalties for the various offenses punished by the law are as follows:

A. As to simple possession or acquisition of:

1. Small arms Prision mayor in its medium period.


2. Class—A light weapon Prision mayor in its maximum period.
3. Class—B light weapon Reclusion perpetua.
4. Major part of small arm Prision mayor in its minimum period.
5. Major part of Class—A light Prision mayor in its medium period.
weapon
6. Major part of Class—B light Prision mayor in its maximum period.
weapon
7. Ammunition of small arm Prision mayor in its minimum period.
8. Ammunition of Class—A light Prision mayor in its medium period.
weapon
9. Ammunition of Class—B light Prision mayor in its maximum period.
weapon

Note must be taken of the fact that possession or acquisition of ammunition of Class—
A light weapon was twice mentioned in the law, that is, Sec. 28(g) and Sec. 28(i). It is,
however, believed that the insertion of the words “Class—A light weapon” in par. (g) is a
clerical error.

Moreover, if the violation on possession or acquisition of ammunition is committed by


the same person charged with unlawful possession or acquisition of firearm, the possession of
ammunition is absorbed in the unlawful possession of the firearm.

B. As to qualified possession or acquisition of:

1. Three or more small arms or Reclusion temporal to Reclusion


Class—A light weapon perpetua.

C. As to manufacture, importation, sale or disposition of firearms, etc.:

1. Unlawful manufacture, Reclusion temporal to Reclusion


importation, sale or disposition of perpetua.
firearm, ammunition, or major part
of firearm or ammunition, or
machinery, tool or instrument
intended to be used for in the
manufacture of firearm, ammunition
or major part thereof
2. Unlawful taking, sale, or disposal Prision mayor in its minimum period
by labourer, worker, or employee of to prision mayor in its medium
licensed firearms dealer of parts of period.
firearms or ammunition which the
company manufactures and sells,
and other materials used by the
company in the manufacture and
sale of firearms and ammunition
3. Arms smuggling Reclusion perpetua.

D. As to other offenses:

1. Carrying of firearms outside of Prision correccional and fine of


residence without legal authority P10,000.00
2. The buyer or possessor of such Prision mayor in its minimum period
stolen part or material who is aware to prision mayor in its medium
of the fact of stealing period.
3. Tampering, obliterating or Altering Prision correccional to Prision mayor
of Firearms Identification in its minimum period.
4. Planting of evidence by ordinary Prision mayor in its maximum period.
person
5. Planting of evidence by public Reclusion perpetua.
officer
6. Failure to notify lost or stolen 10,000.00 pesos fine.
firearm or light weapon
7. Illegal transfer/registration of Prision correccional.
firearms
8. Facilitating registration of firearm Prision correccional.
through fraud, deceit or
misrepresentation or submission of
falsified documents

Other Matters.

The other notable features of the new law are the following:

1. Use of imitation firearm. An imitation firearm used in the commission of a crime shall be
considered a real firearm and the offender shall be punished in accordance with the
new law. An 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 (Sec.
3(q)).
2. Custodia legis. During the pendency of any case filed in violation of the Act, seized
firearm, ammunition, or parts thereof, machinery, tool or instruments shall remain in the
custody of the court (Sec. 36). This provision runs afoul with ordinary criminal procedure
in which object evidence shall remain under the custody of the prosecution until it is
offered in evidence after the termination of its presentation of testimonial evidence.

Registration of firearms.

Only small arms may be registered by licensed citizens or licensed juridical entities for
ownership, possession and concealed carry. However, private individuals who already have
licenses to possess Class—A light weapons upon the effectivity of the Act shall not be
deprived of the privilege to continue possessing the same and renewing the licenses therefor
(Sec. 10). The licensed citizen or juridical entity shall register his purchased firearms with the
Firearms and Explosive Office of the Philippine National Police (Sec. 11). The license granted
shall include the license to possess ammunition with a maximum of fifty (50) rounds for each
registered firearms (Sec. 12). Except a certified gun collector, the maximum number of
registered firearms a qualified citizen may own and possession is fifteen (15) (Sec. 9).

Qualifications for the issuance of firearms license.

In order to qualify and acquire a license to own firearms and ammunition, the
applicant must be: (1) Filipino citizen; (2) at least twenty-one (21) years old; and (3) has
gainful work, occupation or business or has filed an Income Tax Return (ITR) for the preceding
year.

In addition, the applicant shall submit various certifications from the appropriate
authorities (see Sec. 4).

Conditions for the issuance of permit to carry firearms.

A permit to carry firearms outside of residence shall be issued by the Chief of the PNP
or his duly authorized representative to any qualified person whose life is under actual threat
or his life is in imminent danger due to the nature of her profession, occupation of business.
The burden of proving actual threat lies with the applicant by submitting a threat assessment
certificate from the PNP.

For purposes of the 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) CPAs; (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.

NEW FIREARMS LAW (REPUBLIC ACT 10591)

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.
Among the salient features of the new firearms law is its repeal of the sweeping “no other
crime” clause under the Sec.1 of P.D. 1866 as amended by R.A. 8294. A person is not liable
for violation of the old firearms law, (say, illegal possession of firearm) if he also committed
another crime (like violation of COMELEC gun ban or even a lighter offense of Alarms and
Scandals under the Revised Penal Code). Prior conviction in the “other crime” committed
will obliterate one’s otherwise separate liability under the firearms law. In the old law, what is
punished is the “other crime” regardless if the use or possession of firearms is inherent or
necessary in the commission of that “other crime”.

Under the new law, the rules are different. The penalty for violation of the new firearms law,
particularly the use of loose firearms (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) is not imposed
only when the use of loose firearms is “inherent” in the commission of the “other crime.” In
such case, the use or possession of loose firearms is merely considered as an aggravating
circumstance. Otherwise, the use or possession of loose firearms and violation of other penal
law shall be treated as distinct crimes and will thus be punished separately. The new law
expressly provides that “if the crime is committed without using the loose firearm, the
violation of this Act [RA No. 10591] shall be considered as a distinct and separate offense.”

The new law further provides 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 for illegal
possession of firearm, the penalty for illegal possession of firearm shall be imposed IN LIEU OF
the penalty for the “other crime” charged. 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. (Please
refer to Section 29 of RA 10591)

[SALIENT POINTS OF REPUBLIC ACT NO. 10591]

This Act shall be known as the “Comprehensive Firearms and Ammunition Regulation Act“.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

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.
It is the policy of the state to maintain peace and order and protect the people against
violence. It 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. This law regulates 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.

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:

 The applicant has not been convicted of any crime involving moral turpitude:
 The applicant has passed the psychiatric test administered by a PNP-accredited
psychologist or psychiatrist;
 The applicant has passed the drug test conducted by an accredited and authorized
drug testing laboratory or clinic;
 The applicant has passed a gun safety seminar which is administered by the PNP or a
registered and authorized gun club;
 The applicant has filed in writing the application to possess a registered firearm which
shall state the personal circumstances of the applicant;
 The applicant must present a police clearance from the city or municipality police
office; and
 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.

The applicant shall pay the reasonable licensing fees as may be provided in the
implementing rules and regulations of this Act.

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

Only small arms may be registered by licensed citizens or licensed juridical entities for
ownership, possession and concealed carry. 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.
The licenses granted to qualified citizens or juridical entities as provided in 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.

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.

The unlawful acquisition, possession of firearms and ammunition shall be penalized.

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