SENATE
PORES OF THE SL

FIFTEENTH CONGRESS OF THE REPUBLIC) “
OF THE PHILIPPINES )
First Regular Session, ) 16 aW-3 NOS

on RD a

Introduced by Senator Miriam Defensor Santiago

EXPLANATORY NOTE
The proliferation of handguns has caused untoward incidents involving irresponsible
individuals who lack the knowledge and skills for their safe use, maintenance and storage.
This bill provides for and obligatory course of instruction on the safe use, maintenance
and storage of handguns as a requisite for an individual to acquire a license to possess a

handgun.”

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“This bill was originally filed during the Thirteenth Congress, First Regular Session.


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FIFTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES,

First Regular Session ) 19 WG-3 ANSI
“3 MNS

‘SENATE.
S.No.
ECEIVED BY. (k

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Introduced by Senator Miriam Defensor Santiago

AN ACT
REQUIRING AVAILABILITY OF HANDGUNS ONLY TO PERSONS WITH KNOWLEDGE
AND SKILL IN THEIR SAFE USE, MAINTENANCE AND STORAGE.
Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress Assembled:
SECTION 1. Short Title, - This Act shall be cited as “Requirement of Course of

Instruction in the Safe Use, Maintenance and Storage of Handguns Act”.

SECTION 2. Declaration of Policy. — It is the policy of the State to ensure that handguns
are available only to persons with demonstrated knowledge and skill in their safe use,

maintenance and storage.

SECTION 3. Definition of Terms. ~ For the purposes of this Act, the term:
(A) “Handgun” means any firearm designed to be fired by the use of a single hand, and
any combination of parts from which such a firearm can be assembled; and

(B) “Secretary” means the Secretary of Interior and Local Government or his delegate.

SECTION 4. Regulations for the Issuance of a Handgun Permit. - The Secretary shall
prescribe regulations providing for the issuance of a handgun permit to any individual who —
(A) Has successfully completed a course of instruction in the safe use, maintenance, and
storage of handguns, offered by a law enforcement agency under the Philippine
National Police or an entity designed by such an agency to offer the instruction;
(B) Has trained the age of twenty-one years;
(C)_Isnot otherwise prohibited by law from possessing a handgun; and

(D) Has not willfully violated any provision in this Act.



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SECTION 5. Prohibited Acts. — An individual who has not complied with the
requirements prescribed under Section 4 may not possess a handgun on or after the date final
regulations are prescribed pursuant to said Section, until the earlier of —

(A). The first day the individual does not own the handgun; or

(B) The end of the ninety-day period that begins with the final regulations are so

prescribed.

SECTION 6. Penalties. —
(A) In the case of an individual’s first violation of Section 5, the Secretary shall, after

notice and opportunity for a hearing, impose a civil fine of not more than Ten Thousand Pesos

(P10, 000.00) upon the individual
(B) Im the case of an individual’s second or subsequent violation of Section 5, the
Secretary shall, after notice and opportunity for a hearing — oor
(1) Impose a fine of not more than P50,000.00 upon the individual; and

(2) Seize the handgun.

SECTION 7. Notice and Hearing. ~

(A) The Secretary shall provide written notice to the individual of any action to be taken
under Section 6 with respect to the individual and promptly hold a hearing to review the action.

(B) After receiving an action taken under paragraph 6 with respect to an individual, the
Secretary shall provide written notice to the individual of any decision of the Secretary to affirm,
reverse or modify the action.

(C) Within sixty (60) days after an individual receives notice provided under
subparagraph 6 of a decision of the Secretary to affirm or modify an action taken with respect to
the individual, the individual may file a petition in the Metropolitan or Municipal Trial Court

where the individual resides for review of the action.

SECTION 8. Deadline for Issuance of Final Regulations. - Not later than one hundred
and eighty (180) days after the date of promulgation of this Act the Secretary shall prescribe final

regulations to carry out its provisions.



SECTION 9. Separability Clause. ~ If any provision or part hereof, is held invalid or
unconstitutional, the remainder of the law of the provision not otherwise affected shall remain

valid and subsisting.

SECTION 10. 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 repealed, modified, or amended accord

SECTION 11. Effectivity Clause, — Act shall take effect fifteen (15) days afier its

publication in at least two (2) newspaper of general circulation,

Approved,