Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

House Bill Noo 23?

Introduced by DIWA Party-list Representative Pepito M. Pico

EXPLANATORY NOTE

Based on the Philippine profile in the World Health Organization's Global Status Report on
Violence Prevention’, firearms account for an estimated 56% of homicides in the Philippines.
Gun violence is an endemic issue that must be tackled on multiple fronts and our primary statute
on firearms and ammunition, Republic Act No. 10591 needs to be reviewed and revised in
order to cope with the changing times and to be more effective tool not only to prevent the
firearms related crimes but also not to be abused by the authorities. This bill seeks to bring
R.A. 10591 in line with more stringent standards of gun regulation, while also clarifying certain
provisions that have led to unreasonable applications of the law with regard to loose bullets.

The primary method by which R.A. 10591 regulates firearms is through licenses. While the
numbers of unlicensed firearms is a continual problem, the existence of a licensing procedure
itself is not an effective protection against criminality if this procedure is not as rigorous as
possible, if it is not a screening process that makes use of as much information as possible in
order to reasonably determine the suitability of an applicant. While no licensing procedure can
be made infallible, there is certainly room for it to be made more rigorous: as it stands, there is
nothing in the statute that requires clearance from the National Bureau of Investigation (note
that the database of the N.B.I. is distinct from that of the Philippine National Police at this
time); neither is there any requirement for the other members of the household to consent to,
or even know about, the potential presence of a lethal weapon in their residence; nor is there
anything to prevent someone subject of a Protection Order under the Anti-Violence Against
Women and Their Children Act from acquiring a license to possess a firearm. Moreover, as the
law currently stands, one who has previously had his or her license revoked is not barred from
acquiring a new license. As such, the current standards for licensing are clearly inadequate.

More rigor is also required with regard to the regulation of the purchase, sale, and general
business of firearms. Social Media sites, particularly Facebook, have become hotbeds for gun

: http://www.who.int/violence_injury_prevention/violence/status_report/2014/en/
# http://www. philstar.com/headlines/2015/11/25/1525687/dotc-suspends-order-nbi-clearance-drivers-license

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sales? and it must be made clear in the statute that all transactions concerning firearms require
a license to deal on the part of the seller, and a license on the part of the buyer. A waiting period
between purchase and delivery of a firearm has also been adapted by several countries, in order
to allow for a cooling off period that should decrease impulsive crimes and suicides involving
firearms.

As the Supreme Court has stated, “possession of firearms by the citizens in the Philippines is
the exception, not the rule. The right to bear arms is a mere statutory privilege, not a
constitutional right.’ Due to the nature of that privilege, and the capacity for destruction and
disruption inherent in firearms themselves, it behooves the State to ensure, for the public good,
that such a privilege is strictly regulated.

PEPITO M. PICO
Representative, DIWA Party-list

* http://www.motherjones.com/politics/2016/07/dallas-police-shooter-bought-ak-47-facebook
*G.R. No. 157036, June 9, 2004, Chavez v. Hon. Romulo.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No, 8937

Introduced by DIWA Party-list Representative Pepito M. Pico
AN ACT RATIONALIZING FIREARMS POLICY AND AMENDING FOR THIS
PURPOSE REPUBLIC ACT NO. 10591

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

SECTION 1. Short Title. — This Act shall be known as the "Firearms and Bullets
Rationalization Act of 2016."

SECTION 2. Declaration of State Policy. — It is the policy of the State to maintain
peace and order and protect the people against violence. While the State also recognizes the
right of its qualified citizens to self-defense the inherent destructive power of firearms warrants
strict and clear regulations concerning the ownership, possession, carrying, manufacture,
dealing in and importation of firearms, ammunition, or parts thereof, in order to ensure that
none but the most qualified have access to such dangerous instruments, and to fulfill the State's
mandate to protect the life and health of its citizens.

SECTION 3. Strengthened License Requirements.— Section 4 of Republic Act No.
10591 is hereby amended as follows:

SEC. 3. Definition of Terms. — As used in this Act:
XXX

(4) 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;
PROVIDED THAT THE MERE POSSESSION OF AMMUNITION, WHEN NOT IN
QUANTITIES OR PACKAGED IN SUCH A MANNER AS WOULD LEAD ONE
TO BELIEVE THAT THEY ARE INTENDED TO BE SOLD, SHALL NOT OF
ITSELF CONSTITUTE ARMS SMUGGLING.

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XXX

SEC. 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.

THE APPLICANT MUST FILE AN APPLICATION TO POSSESS A
REGISTERED FIREARM WHICH SHALL ATTACH (1) A WRITTEN
CERTIFICATION FROM HIS/HER CURRENT PLACE OF EMPLOYMENT, IF
APPLICABLE, REGARDING ANY RECORD OF PAST DISCIPLINARY
INFRACTIONS; AND (2) WRITTEN AND NOTARIZED DOCUMENTS OF
CONSENT FROM ALL OTHER ADULT MEMBERS OF THE APPLICANT'S
HOUSEHOLD. THE APPLICATION SHALL ALSO STATE THE PERSONAL
CIRCUMSTANCES OF THE APPLICANT AND THE REASON WHY
OWNERSHIP OF THE FIREARM IS SOUGHT.

In addition, the applicant shall submit the following certifications 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; SAID TEST SHALL FACTOR IN THE
DISCIPLINARY RECORDS OF THE APPLICANT FROM HIS/HER PLACE OF
EMPLOYMENT, IF ANY.

(©) 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;

oe apices eal sRaadaprrepeat :

(E) The applicant must present a police clearance from the city or mut
police office;

ipality
(F) THE APPLICANT MUST PRESENT A VALID CLEARANCE FROM
‘THE NATIONAL BUREAU OF INVESTIGATION (NBD;
(G) The applicant has not been convicted AND is NOT 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;

(H) THE APPLICANT MUST NOT HAVE HAD A PREVIOUS LICENSE
REVOKED UNDER SEC. 39 PARAGRAPHS (A), (B), (G), OR (H);

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() THE APPLICANT MUST NOT HAVE HAD A PREVIOUS LICENSE
REVOKED DUE TO ANY OTHER LEGAL GROUND WITHIN THE PAST FIVE
(5) YEARS;

(@) THE APPLICANT MUST NOT HAVE A PENDING CASE FOR
VIOLATION OF SEC. 40 OF THIS ACT, OR MUST NOT HAVE BEEN FOUND
GUILTY OF A VIOLATION OF SEC. 40 OF THIS ACT WITHIN THE PAST FIVE
(5) YEARS;

(K) THE APPLICANT HAS NOT BEEN CONVICTED AND IS NOT
CURRENTLY AN ACCUSED IN A PENDING CRIMINAL CASE BEFORE ANY
COURT OF LAW FOR ACTS PENALIZED UNDER REPUBLIC ACT NO. 9165,
OTHERWISE KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS
ACT OF 2002; AND

(L) THE APPLICANT IS NOT SUBJECT OF A PROTECTION ORDER OR
A CASE FOR THE ISSUANCE OF A PROTECTIVE ORDER UNDER REPUBLIC
ACT NO. 9262.

For purposes of this Act, an acquittal or permanent dismissal of a criminal case
OR THE JUDICIAL REMOVAL OF A PROTECTION ORDER before the courts of
Jaw 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.

PROVIDED THAT THE MERE POSSESSION OF AMMUNITION, WHEN
NOT IN QUANTITIES OR PACKAGED IN SUCH A MANNER AS WOULD LEAD
ONE TO BELIEVE THAT THEY ARE INTENDED TO BE SOLD, OR AS
ACTUALLY PART OF A DEVICE MEANT TO HARM, SHALL NOT BE
GROUNDS FOR ANY PENALTY OR PROSECUTION UNDER THIS ACT.

XXX

SEC. 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, WHETHER TRANSACTING PHYSICALLY, REMOTELY, OR
ONLINE, shall make an application to:

SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. ~ (A)
NO PERSON MAY POSSESS OR PURCHASE A FIREARM OR AMMUNITION
UNLESS IN POSSESSION OF A VALID LICENSE UNDER THIS ACT.

(B) Firearms and ammunition may only be acquired or purchased from
authorized dealers, importers or local manufacturers. THESE SELLERS MUST
REQUIRE THE PRESENTATION OF THE LICENSE OF THE BUYER, AND

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MUST RETAIN A COPY OF THAT LICENSE IN THEIR RECORDS, WHICH
RECORDS SHALL BE AVAILABLE FOR INSPECTION BY LAW
ENFORCEMENT AGENCIES DURING BUSINESS HOURS; FINALLY A
FIREARM MAY ONLY BE DELIVERED TO A LICENSED CITIZEN THREE (3)
WORKING DAYS AFTER PURCHASE, PURCHASE MEANING THE
TRANSFER OF MONEY OR VALUABLE CONSIDERATION. THE
EXCEPTIONS IS WHEN THE TRANSACION INVOLVES A TRADE-IN OF ONE
FIREARM FOR ANOTHER OF A SIMILAR TYPE.

(C) A LICENSED CITIZEN MAY ONLY TRANSFER OR SELL A
FIREARM OR AMMUNITION TO AN AUTHORIZED DEALER, IMPORTER,
LOCAL MANUFACTURER, OR A LICENSED JURIDICAL ENTITY, NOT TO
ANOTHER LICENSED CITIZEN.

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 4 Separability Clause. — If any provision, or part hereof, is held invalid or

unconstitutional, the remainder of the law or the provision not otherwise affected shall remain

valid and subsisting.

SECTION 5. Repealing Clause. — Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule or regulation contrary to or
inconsistent with, the provisions of this Act is hereby repealed, modified, or amended

accordingly.

SECTION 6. Effectivity Clause. ~ This Act shall take effect thirty (30) days after its
publication in the Official Gazette or at least two (2) newspapers of general circulation.

Approved,

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