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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Queson City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL nobs4d 344

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT

PENALIZING PARENTS OR GUARDIANS WHO FAIL TO SECURE THEIR FIREARMS.

FROM BEING ACCESSED BY CHILDREN

The Child and Youth Welfare Code, Article 3, Paragraph 7 and 8 provides:

(7) Every child has the right to full opportunities for safe and wholesome
recreation and activities . . .

(8) Every child has the right to protection against . . . improper influences,
hazards, and other conditions or circumstances prejudicial to his physical,
mental, emotional, social, and moral development;

The parents or guardian of a person of tender age have the responsibility to ensure his
safety, until he reaches the age of majority.

Firearms are regulated by a system of monitoring and licensing. However, they have
proliferated in homes and communities, making them easily accessible to a child.
Considering that a child has no discernment, his safety depends entirely on the conduct
of adults around him.

This bill penalizes the act of making firearms accessible to a child, in order to prevent a
child from injuring himself or others with a firearm.

Di pahr

LUIS F IND “LRAY’/ F/VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

8344
HOUSE BILL NO.

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT
PENALIZING PARENTS OR GUARDIANS WHO FAIL TO SECURE THEIR FIREARMS
FROM BEING ACCESSED BY CHILDREN

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

SECTION 1. Short Title. - This Act shall be known as the “Child Firearm Access
Prevention Act.”

SECTION 2. Declaration of Policy. - The State shall protect and promote the interests of
the child by providing him with a conducive and safe environment.

SECTION 3. Definition of Terms. —For purposes of this Act, the term:
(A) “Secure gun storage or safety device’ refers to a:
(1) Device that, when installed on a firearm, prevents the firearm from being
operated without first deactivating or removing the device;
(2) Device incorporated into the design of the firearm that prevents the operation of
the firearm by anyone not having access to the device; or
(3) Safe, gun safe, gun case, lock box, or other device that is designed to be or can
be used to store a firearm and that can be unlocked by means of a key, a
combination, or other similar means.
(B) “Minor’ refers to a person who has not yet attained the age of eighteen (18) years;
and
(C) “Director General” refers to the Director General of the Philippine National Police
(PNP), or to the head of the appropriate body tasked with the monitoring and
issuance of licenses for firearms.

SECTION 4. Punishable Acts. — Except as provided in Section 5, any person who-
(A) Keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm,
within any premise that is under the custody or control of that person; and


(B) Knows, or reasonably should know, that a minor is capable of gaining access to the
firearm without the permission of the parent or legal guardian of the minor,
shall, if a minor obtains access to the firearm and thereby causes death or bodily
injury to the minor or to any other person, or exhibits the firearm either in public place,
be imprisoned for not more than one (1) year, fined not more than One Hundred
Thousand Pesos (P100,000.00) or both.

SECTION 5. Exceptions. - Section 3 does not apply in the following cases:

(A) The person uses a secure gun storage or safety device for the firearm;

(B) The person is a peace officer, a member of the Armed Forces, or a member of the
Philippine National Police, with the license to carry and keep the firearm, and the
minor obtains the firearm during, or incidental to the performance of the official
duties of the person in that capacity;

(C) The minor obtains, or obtains and discharges, the firearm in a lawful act of
self-defense or defense of one (1) or more other persons; or

(D) The person has no reasonable expectation, based on objective facts and
circumstances, that a minor is likely to be present on the premises on which the
firearm is kept.

SECTION 6. Notice. — The Director General shall ensure that a copy of this Act appears
on the form required to be obtained by licensed dealer from a prospective transferee of a
firearm.

SECTION 7. Separability Clause. — If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law or the provision otherwise affected shall
remain valid and subsisting.

SECTION 8. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with the provision of this Act is hereby modified, or amended accordingly.

SECTION 9. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved,