SEVENTEENTH CONGRESS OF THE. )

REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) .
18 MAR 12 P6 25
SENATE

RECEIViD Bp .
S.No. 1739 : -

Introduced by Senator Ralph G. Recto

AN ACT
AMENDING SECTIONS 4, 5, 6, 7, 8, 11, 12, 18, 19 AND 21 OF REPUBLIC ACT NO.
10591 OTHERWISE KNOWN AS “THE COMPREHENSIVE FIREARMS AND
AMMUNITION REGULATION ACT”

EXPLANATORY NOTE

Republic Act No. 10591 otherwise known as the “Comprehensive Firearms and
Ammunition Regulation Act” recognizes (a) the right of qualified private citizens to self-defense
through the use of licensed firearms; and, (b) the need to provide legal support to law
enforcement agencies in their campaign against crime, stop the proliferation of illegal firearms or
weapons and the illegal manufacture of firearms or weapons, ammunition and parts thereof.

The intention of RA 10591 is to account and register firearms in accordance with the
requirements of state laws and regulations. Included are provisions that regulate the
manufacture, import and export of firearms and its essential accessories. However, it appears that
certain provisions of the statute were, intentionally or unintentionally, too rigid and rendered it
unreasonably difficult for private citizens to own or use licensed firearms.

In as much as individual gun owners have responsibilities, they also have rights
recognized by the Act itself that should not be unreasonably deprived. Hence, this bill proposes
the rationalizing of certain provisions of the existing law so that individuals will not be unduly
deprived to legally own firearms and, consequently, to defend themselves, their loved ones and

their property.
In summary, the proposed measure seeks to achieve the following:

1 Rationalize the standards and requisites for issuance of and obtaining a License to
Own and Possess Firearms (LTOPF);

2. Expand the provision on the ownership of firearms and ammunition by a juridical
entity;

3. Clarify the ownership of firearms by the National Government of firearms;

4. Decentralize the issuance the approval and issuance of LTOPFs;

5. Further clarify the provision on registration of firearms;



10.

Broaden the provision on the license to possess ammunition;

Specify the validity of the permit to transport firearms for use in training, sports
and competitions;

Extend the validity of the permit to carry, LTOPF and registration of firearms;

Streamline the registration and renewal process; and,

Simplify the provisions on the sale and registration, transport and delivery of
firearms and sale of ammunition during election period.

Given the foregoing ends, the approval of this bill is earnestly sought.

RALPH GRE



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SEVENTEENTH CONGRESS OF THE ) Yexsf Ott rt
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) 18 mRI2 P62

SENATE
RECEIVED BI:
s.No._ 1739

Introduced by Senator Ralph G. Recto

AMENDIN'

10591 OTHERWISE KNOWN AS

AN ACT.
3 SECTIONS 4, 5

AMMUNITION REGULATION ACT”

6, 7, 8, 11, 12, 18, 19 AND 21 OF REPUBLIC ACT NO.
“THE COMPREHENSIVE FIREARMS AND

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

assembled:

SECTIO!

“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 REGISTERED
firearm, [or] firearms and ammunition, the applicant must be a Filipino
resident, OF SOUND MIND, 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, AND MUST BE SHOWN TO NOT BE
UNDER THE INFLUENCE OF PROHIBITED NARCOTICS.

THE APPLICATION, ALONG WITH THE REQUIRED
SUPPORTING DOCUMENTS AND CLEARANCES AS MAY BE
PROVIDED IN THE IMPLEMENTING RULES AND
REGULATIONS OF THIS ACT, SHALL BE SUBMITTED TO
THE FEO OR TO SUCH OTHER PNP OFFICES WHICH THE
CHIEF, PNP MAY DESIGNATE FOR THE PROCESSING
THEREOF; PROVIDED THAT, ONLY SUCH DOCUMENTS
AND CLEARANCES SUFFICIENT TO ESTABLISH THE
IDENTITY AND PROVE THE QUALIFICATION OF THE
APPLICANT SHALL BE REQUIRED; PROVIDED FURTHER
THAT, PERSONS CONVICTED BY FINAL JUDGEMENT OF A
CRIME INVOLVING MORAL TURPITUDE ARE NOT
QUALIFIED TO OWN AND POSSESS FIREARMS UNLESS
ABSOLUTELY PARDONED BY THE PRESIDENT; PROVIDED
FINALLY THAT, THE PENDENCY OF A CRIMINAL CASE
SHALL NOT SERVE AS A BAR FOR THE ISSUANCE OF
LICENSE TO OWN AND POSSESS FIREARMS AND
AMMUNITION, EXCEPT IN CASES WHERE THERE IS A
FINDING OF PROBABLE CAUSE FOR THE COMMISSION OF

1. Section 4 of Republic Act No. 10591 is hereby amended to read as follows:



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A CRIME AND THE COMMISSION OF SUCH CRIME
INVOLVES THE USE OF A FIREARM.

[ln addition, the applicant shall submit the following
certification 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;

(c) 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;

(©) The applicant has filed in writing the application to possess a
registered firearm which shall state the personal circumstances of the
applicant;

(f) The applicant must present a police clearance from the city or
municipality police office; and

(g) The applicant has not been convicted or is 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.

For purposes of this Act, an acquittal or permanent dismissal of a
criminal case before the courts of law 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.”

SEC. 2. Section 5 of Republic Act No. 10591 is hereby amended to read as follows:

“Sec. 5. Ownership of Firearms and Ammunition by a
Juridical Entity. — A juridical person maintaining its own security force,
SHOOTING RANGES ACCREDITED BY THE PNP, SCHOOLS
OFFERING MARKSMANSHIP TRAINING, MANUFACTURERS
NEEDING FIREARMS AND AMMUNITION FOR TESTING,
AND FACILITIES FOR RESEARCH AND DEVELOPMENT may
be issued a regular license to own and possess firearms and ammunition
under the following conditions:



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a) It must be Filipino-owned and duly registered with the
Securities and Exchange Commission (SEC);

b) It is current, operational and a continuing concer;

c) It has [completed and] submitted all [its] reportorial
s OF THE VARIOUS REGULATORY AGENCIES OF
THE GOVERNMENT INCLUDING BUT NOT LIMITED to the
SEC; and,

d) It has [paid all its income taxes for the year] NO TAX
LIABILITIES TO THE GOVERNMENT, as duly certified by the
Bureau of Internal Revenue.

THE APPLICATION OF JURIDICAL ENTITIES, WHICH
SHALL INCLUDE PRIVATE SECURITY AGENCIES AND LGUS
SUBJECT TO ADDITIONAL REQUIREMENTS AS MAY BE
REQUIRED BY THE CHIEF OF THE PNP, AND THE
REQUIRED DOCUMENTS AND CLEARANCES AS PROVIDED
IN THE IMPLEMENTING RULES AND REGULATIONS OF
THIS ACT SHALL BE SUBMITTED TO THE FEO OR TO SUCH
OTHER OFFICES WHICH THE CHIEF, PNP MAY DESIGNATE
FOR THE PROCESSING THEREOF; PROVIDED THAT, ONLY
SUCH DOCUMENTS AND CLEARANCES SUFFICIENT TO
ESTABLISH THE EXISTENCE AND PROVE THE
QUALIFICATIONS OF THE APPLICANT SHALL BE
REQUIRED.

The application shall be made in the name of the juridical person
represented by its President or any of its officers mentioned below as
duly authorized in a board resolution to that effect; Provided, That the
officer applying for the juridical entity, shall possess all of the
qualifications AND NONE OF THE DISQUALIFICATIONS required
of a citizen applying for a license to possess firearms.

Other corporate officers eligible to represent the juridical person
are: the vice president, treasurer, and [board] secretary.

Section 6 of Republic Act No. 10591 is hereby amended to read as follows:

“See. 6. Ownership of Firearms by the [National] Government.
~All firearms owned by the [National] DIFFERENT
DEPARTMENTS, BUREAUS, OFFICES, AGENCIES AND
INSTRUMENTALITIES OF THE GOVERNMENT, INCLUDING
LGUS AND GOCCS, shall be registered with the FEO of the PNP in
the name of the Republic of the Philippines. Such registration shall be
exempt from all [duties] FEES and [taxes] CHARGES that may
otherwise be [levied on other authorized owners of firearms}
COLLECTED FROM INDIVIDUALS AND PRIVATE
JURIDICAL ENTITIES PURSUANT TO THIS ACT. For reason of



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national security, firearms of the Armed Forces of the Philippines (AFP),
Coast Guard and other law enforcement agencies shall only be reported
to the FEO of the PNP.”

SEC. 4.

on 7 of Republic Act No, 10591 is hereby amended to read as follows:

“SEC. 7. Carrying of Firearms Outside of Residence or Place of
Business. — A permit to carry firearms outside of residence shall be issued by
the Chief of the PNP or his/her duly authorized representative to any
qualified person whose life is under actual threat or his/her life is in imminent
danger due to the nature of his/her profession, occupation or business.
PROVIDED, THAT SUCH PERMIT SHALL BE RENEWED EVERY
FOUR (4) YEARS RECKONED FROM THE BIRTHDATE OF THE
APPLICANT, UNLESS SOONER REVOKED OR SUSPENDED.

XXX

SEC. 5. Section 8 of Republic Act No. 10591 is hereby amended to read as follows:

“See 8. Authority to Issue License. — [The Chief of the PNP,
through the FEO of the PNP, shall issue licenses to qualified individuals
and to cause the registration of firearms.] UNLESS OTHERWISE
DESIGNATED BY THE CHIEF OF THE PNP TO SOME OTHER
PNP OFFICE, THE AUTHORITY TO APPROVE THE
ISSUANCE OF LICENSE TO OWN AND POSSESS FIREARMS,
AND PROCESS THE APPLICATIONS FOR THE
REGISTRATION THEREOF, SHALL BE VESTED IN THE FEO
UNDER THE SUPERVISION OF THE CHIEF OF THE PNP.
UPON APPROVAL, THE LICENSE AND CERTIFICATE OF
REGISTRATION SHALL BE ISSUED BY THE FEO OR SUCH
OTHER OFFICES WHICH THE CHIEF, PNP MAY DESIGNATE
FOR THE PROCESSING THEREOF, AS THE CASE MAY BE, IN
SUCH FORM PRESCRIBED BY THE CHIEF OF THE PNP.”

SEC. 6. Section 11 of Republic Act No. 10591 is hereby amended to read as follows:

“See 11. Registration of Firearms. ~ [The] Licensed [citizen]
INDIVIDUALS or licensed juridical [entity] ENTITIES shall register
{his/her/its] THEIR firearms [so purchased] ACQUIRED FROM
LEGAL SOURCES with the FEO of the PNP in accordance with the
type of license [such licensed citizen or licensed juridical entity
possesses] ISSUED TO SUCH INDIVIDUAL OR ENTITY. [A] The
certificate of registration [of the firearm] shall be issued upon payment of
reasonable fees.

For THE purpose[s] of this Act, registration SHALL refer[s] to
the application, approval, record-keeping and monitoring of firearms
with the FEO of the PNP in accordance with the type of license issued to
any person under [Section 9] THE PERTINENT PROVISIONS of this
Act.”

SEC. 7. Section 12 of Republic Act No. 10591 is hereby amended to read as follows:



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“Sec 12. License to Possess Ammunition Necessarily Included.
s granted to qualified citizens or juridical entities as
provided in Section 9 of this Act shall include the license to possess
ammunition [with a maximum of fifty (50) rounds for each registered
firearm: Provided, That the FEO of the PNP may allow more
ammunition to be possessed by licensed sports shooters] OF THE
CALIBER OF THE QUALIFIED CITIZEN'S REGISTERED
FIREARM.

— The licen:

SEC. 8. Section 18 of Republic Act No. 10591 is hereby amended to read as follows:

“Sec 18. Firearms for Use in Training, Sports and Competitions. — A
qualified individual shall apply for a permit to transport for his/her registered
firearms from his/her residence to the firing range/s and competition sites as may
be warranted: PROVIDED, THAT SUCH PERMIT TO TRANSPORT
SHALL BE VALID FOR THREE (3) MONTHS OR LONGER AS MAY BE
PROVIDED IN THE IMPLEMENTING RULES AND REGULATIONS OF
THIS ACT.”

SEC. 9. Section 19 of Republic Act No. 10591 is hereby amended to read as follows:

“Sec 19. Renewal of Licenses and Registration. — All types of
licenses to possess a firearm shall be renewed every [two (2)] FOUR (4)
years RECKONED FROM THE BIRTHDATE OF THE
LICENSEE, UNLESS SOONER REVOKED OR SUSPENDED.
[Failure to renew the license on or before the date of its expiration shall
cause the revocation of the license and of the registration of the firearm/s

under said licensee.]

The registration of firearm shall be renewed every four (4)
years RECKONED FROM THE BIRTHDATE OF THE
LICENSEE. Failure to renew the registration [of the fir
before the date of expiration shall cause the revocation of the license of
the firearm] SHALL RESULT IN THE PENALTIES FOR THE
LATE REGISTRATION OF FIREARMS AND OTHER
SANCTIONS AS MAY BE PROVIDED IN THE IMPLEMENTING
RULES AND REGULATIONS OF THIS ACT. [The said firearm
shall be confiscated or forfeited in favor of the government after due
process.)

[The failure to renew a license or registration within the periods
stated above on two (2) occasions shall cause the holder of the firearm to
be perpetually disqualified from applying for any firearm license. The
application for the renewal of the license or registration may be
submitted to the FEO of the PNP, within six (6) months before the date
of the expiration of such license or registration.

LICENSES AND REGISTRATIONS SHOULD BE
RENEWED PRIOR TO ITS EXPIRATION: PROVIDED, THAT



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EVEN BEYOND SUCH EXPIRATION, LICENSES AND
REGISTRATIONS MAY BE RENEWED BASED ON VALID AND
MERITORIOUS GROUNDS AS MAY BE ALLOWED BY THE
CHIEF OF THE PNP, UNDER CONDITIONS AS MAY BE
PROVIDED = I THE IMPLEMENTING RULES AND
REGULATIONS OF THIS ACT.

UNLESS THE HOLDER OF A LICENSE AND/OR
REGISTRATION HAS VIOLATED ANY OF THE PROVISIONS
OF THIS ACT AND ITS IMPLEMENTING RULES AND
REGULATIONS OR HAS LOST THE QUALIFICATIONS OR
GAINED THE DISQUALIFICATIONS IN THIS ACT, RENEWAL
OF LICENSE TO OWN AND POSSESS FIREARMS AND
REGISTRATION SHALL BE RENEWED AUTOMATICALLY
UPON FILING OF RENEWAL FORM AND PAYMENT.

THE FEO OF THE PNP SHALL BE MANDATED TO.
DEVELOP AND OPERATE AN ONLINE RENEWAL SYSTEM
TO ENSURE THE EFFICIENCY OF THE RENEWAL PROCESS
AND PROVIDE CONVENIENCE TO THE PUBLIC.”

SEC. 10. Section 21 of Republic Act No. 10591 is hereby amended to read as follows:

“See 21. Acquisition or Purchase and Sale of Firearms and
Ammunition, — Firearms and ammunition may only be acquired or
purchased from authorized dealers, importers or local manufacturers and
may be transferred or sold only from a licensed citizen or licensed
juridical entity to another licensed citizen or licensed juridical entity;
Provided, That during election periods, [the] sale and registration of
firearms, [and] SALE OF ammunition and the issuance of corresponding
licenses to citizens shall be allowed on the condition that the transport or
delivery [thereof] OF FIREARMS shall strictly comply with the
issuances, resolutions, rules and regulations promulgated by the
Commission on Elections (COMELEC); PROVIDED FURTHER,
THAT THE TRANSPORT OR DELIVERY OF FIREARMS TO
PLACES IDENTIFIED BY THE PNP AS ELECTION “HOT-
SPOTS” MAY BE, AT ANY TIME, SUSPENDED BY THE
COMELEC.

SEC. 11. Implementing Rules and Regulations. - Within one hundred twenty (120) days
from the effectivity of this Act, the Chief of the PNP, after public hearings and consultation with
concemed sectors of society shall formulate the necessary rules and regulations for the effective
implementation of this Act to be published in at least two (2) national newspapers of general
circulation.

SEC. 12. Repealing Clause. — All laws, presidential decrees and issuances, executive
orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly



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SEC. 13. Separability Clause. — Any portion of this Act that may be declared
unconstitutional shall not have the effect of nullifying other portions or provisions hereof as such
remaining provisions can still subsist and be given effect.

SEC. 14. Effectivity. — This Act shall take effect fifteen (15) days following its
publication in the Official Gazette or in a newspaper of general circulation in the Philippines.

Approved,