FIFTEENTH CONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

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SENATE
S.No.

apeEED BY

Introduced by Senator Miriam Defensor Santiago

EXPLANATORY NOTE.

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

(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 conductof 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.'

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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 _ ) con
OF THE PHILIPPINES )
First Regular Session )
a)
SEN,
sno 4894 . .
5 OEE Re

Introduced by Senator Miriam Defensor Santiago

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.

and

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

, @) Safe, gun safe, gun case, lock box, or other device that is designed to be or can

be ised 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;


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(© “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, o 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;

(© 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, which 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.

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SECTION 7. Separability Clause, - If any provision ot 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,