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

SENATE
s.No, 129

Introduced by Senator FRANKLIN M. DRILON

EXPLANATORY NOTE
Article 1, Section 5 of the Constitution ordains as a primordial
duty of the State the maintenance of peace and order, the protection of
life, liberty and property, and the promotion of the general welfare.

Thus, the State in the exercise of its police power may enact and
impose such reasonable measures that will prohibit all that is hurtful to
the comfort, safety and welfare of society and its subjects.

This Bill proposes to enact one such measure by specifically
providing the conditions under which a firearm may be carried in public.
While the proposed measure does not intend to prohibit the ownership
and possession of licensed firearms by the general public, it limits the
circumstances under which a private individual may take his firearm
outside of his residence. :

The proposed measure takes cognizance of the fact that the
firearms held or owned by the general public is for defense or self-
preservation purposes. However, the defense of the life, liberty and
property of the public is principally for the State to provide. To allow the
public, or a sector thereof, to take the law “into their own hands” — so to
speak — would serve to create the impression that the State is incapable
of providing its subjects the requisite protection of their safety and
welfare.

All the more alarming, however, is the increasing incidence of
crime in the country where the main weapon used to perpetrate the
misdeed is a firearm.

‘This Bill, therefore, seeks to limit the circumstances under which a
firearm may be carried by the holder thereof outside the confines of his
private domain.

For these reasons, passage of this proposed measure is most
earnestly and promptly requested.

FI 1 . ‘LON
Senator


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

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SENATE a oh eae
BY:

8: No.129 aiuis Lone

Introduced by Senator FRANKLIN M. DRILON

AN ACT
TO REGULATE THE CARRYING OF FIREARMS, PROVIDE
PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES

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 “Firearms
Regulation Act of 2010.”

SECTION 2. Declaration of Policy. - Pursuant to the Constitutional
declaration that the primordial duty to maintain peace and order, protect life,
liberty and property, and promote general welfare rests upon the State, it is
hereby declared as policy of the State that the carrying of firearms shall be
authorized only for those directly and primarily engaged in military, police and
law enforcement functions, and for those specifically authorized under this Act.

SECTION 3. Firearms. - For purposes of this Act, the term “firearms”
shall refer to any and all weapons, instruments, devices or materials such as,
but not be limited to, rifles, revolvers, muskets, carbines, shotguns, and all
other similar devices from which a bullet, ball, shotshell and other missiles or
projectiles may be discharged by means of gunpowder or other propellants:
Provided, That the barrel of any firearm shall be considered as a complete
firearm.

SECTION 4. Prohibited Carrying of Firearms. ~ In the absence of a valid
permit to carry firearms, it shall be unlawful for any person to carry the same,
even if licensed, anywhere outside his camp, station, residence, or sports
facility.

SECTION 5. Permit To Carry. - No permit to carry firearms shall be
issued to any person, except:

a. a regular member or officer of the Armed Forces of the Philippines
(AFP) and Philippine National Police (PNP);

b. a regular agent or officer of the National Bureau of Investigation (NBI),
the Criminal Investigation Service (CIS), the Narcotics Command
(NARCOM), the Intelligence Service of the AFP (ISAFP), the Sheriff's
Offices of the various courts, and other law enforcement agencies
created pursuant to law or executive order; and

c. a regular agent or personnel of a duly licensed private security agency
or the security forces of government agencies or government-owned or
controlled corporations, and only under the conditions prescribed in
the succeeding and related provisions of this Act.


Provided, however, That no permit to carry shall be issued to any
temporary or confidential agents or informers of the military, police or any law
enforcement agency.

SECTION 6. Conditions For Permit. - Any holder of a permit for a firearm,
issued pursuant to Section 5 of this Act, shall carry the firearm covered by or
pertaining to the said permit only when he/she is in the full uniform of his or
her position, rank, or employment in the military, police or such other law
enforcement agency, and only while he/she is in the actual performance of an
official duty and/or assignment directly related to or in connection with
his/her employment, including while he/she is commuting directly to and from
his work station or place of assignment with no unauthorized side trips and
while pursuing a person committing a crime or who has just committed a crime
in his/her presence.

A regular member and officer of the AFP, the PNP or such other law
enforcement agencies shall be presumed to be engaged in the actual
performance of his or her duty, assignment, or responsibility whenever or
wherever he or she is in the full uniform of his or her position or rank in the
said services or agencies. No such presumption shall exist, however, in all
cases when he/she is charged with any crime or offense other than the
violation of this Act.

SECTION 7. Security Agents and Public Officials. - It shall be unlawful for
any public official of whatever rank or position, whether elective or appointive,
to employ, avail of, or engage the services of security personnel who are not
regular enlisted men and women or commissioned officers of the AFP or the
PNP. Any such public official who may have need to employ, engage or secure
such security personnel, shall apply for the same with the unit or office of the
AFP or the PNP specifically established for this purpose; Provided, however,
‘That such designated unit or office of the military or police establishments
shall approve or grant such applications only in accordance with the rules and
regulations promulgated jointly by the Department of National Defense (DND)
and the Department of Interior and Local Government (DILG); Provided,
further, That all members or officers of the AFP or the PNP assigned to such
security duties pursuant to this Section shall do so only while properly attired
or in the full uniform of their service units thereat.

SECTION 8. Sports Equipment. - No permit to carry firearms shall be
issued to any person as a tool or equipment of any sport, game, sporting event
or competition, or sports-related activity unless the applicant for the same:

a. is a regular member in good standing of a duly licensed or
government accredited gun or shooting club, association, or society
(hereinafter called sports facility);

b. first executes and files a verified undertaking to keep and maintain
the firearm covered by the permit only in his or her residence, office or
sports facility of which he or she is a member for its safekeeping.

A permit issued under this Section shall not authorize its holder to carry
the firearm, covered by or pertaining to the said permit, in any other public
place nor to transport or otherwise convey the same to and from his or her
residence, office or sports facility unless it is unloaded or deactivated and kept
in the locked trunk or locked storage compartment of any motor vehicle.


SECTION 9. Smuggled and Ilegal Deadly Weapons. ~ No permit to
possess or carry shall be issued for any firearm which has been confiscated by
any proper authority or agency of the Government or which has been forfeited
in favor of the Government as an instrument of any crime or prohibited act. All
confiscated, forfeited, smuggled or illegally acquired firearms shall, within
fifteen (15) days of such confiscation, forfeiture, or seizure, be publicly
destroyed in the presence of the media and concerned non-governmental
organizations, except as follows:

a, any such firearm which is required in any hearing shall be securely
retained until after the final disposition of any proceeding related to
such hearing; or

b. any such firearm which is proven to be a recovery of a firearm
previously stolen, or otherwise unlawfully taken from a holder of a
permit to possess or carry or from a military, police or law
enforcement officer described in Section 5 hereof.

SECTION 10. Implementing Rules and Regulations. ~ ‘The Department of
National Defense and the Department of Interior and Local Government shall,
within thirty (30) days from the effectivity of this Act, jointly prescribe and
promulgate the rules and regulations for the uniform implementation of the
provisions of this Act.

SECTION 11. Penalty. - Any violation of this Act shall be punished by
imprisonment of not less than six (6) years and one (1) day nor more than ten
(10) years and a fine of not less than Pesos Twenty Thousand (P20,000.00) nor
more than Pesos One Hundred Thousand (P100,000.00)

SECTION 12. Violation by Public Official. - In addition to the penalty
prescribed in Section 11 of this Act, the penalty of perpetual and absolute
disqualification from any public office, elective or appointive, or dishonorable
discharge from the military or police service, as the case may be, and forfeiture
of all retirement privileges and benefits, shall be imposed on the violator if he
or she is a public official, whether in civilian, military, police or law
enforcement service.

SECTION 13. Separability Clause. - If for any reason, any section or
provision of this Act is held unconstitutional or invalid, other sections or
provisions not affected thereby shall remain valid and effective.

SECTION 14. Effectivity Clause, - This Act shall take effect after fifteen
(15) days following its publication in two (2) newspapers of general circulation.

Approved,