Republic of the Philippines
House of Representatives
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

3408

House Bill No.

introduced By: Hon. Rodolfo W. Antonino

Explanatory Note

Itis the policy of the State to maintain peace and order and ensure the protection of
life, liberty, and property under the Constitution. The rise in violent crimes,
oftentimes committed with the use of unlicensed firearms, continues to pose grave
threat and danger to the lives of the people.

Another serious problem is the existence of private armies, as exhaustively
discussed in the Sefiarosa Report. This problem includes the proliferation of
unlicensed firearms, ammunition and illicit manufacture and trade in such small arms
and other light weapons.

However, the existing laws are not adequate and comprehensive. These are
Presidential Decree No. 1866 which was issued during Martial Law and Republic Act
No. 8294 which only provided for a lower penalty for illegal possession, manufacture,
importation and sale of firearms without any further regulatory measures,

There are also a number of memorandum circulars, regulations and guidelines
issued by the Philippine National Police that deal with the regulation of firearms,
ammunition and explosive devices. However, it is best to properly rationalize these
issuances into one comprehensive statute so as to avoid confusion and to ensure
the efficient and proper enforcement of such.

Hence the necessity for a comprehensive law on the ownership, possession,
carrying, sale, manufacture, dealing in, import and export of firearms and
ammunition and parts thereof which necessarily carries stiffer penalties and ensures
reasonable regulation, even covering the licensing for qualified firearm holders by
the Goverment.

In view of this forgoing, approval of this Bill is highly and earnestly recommended

iS 7

LEO. ANTONINO:


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Fifteenth Congress
First Regular Session

House Bill No. 38408

Introduced by HON. RODOLFO W. ANTONINO

AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION,
PENALIZING VIOLATIONS THEREOF, AND REPEALING PRESIDENTIAL DECREE NO. 1866
AND REPUBLIC ACT NO. 8294

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 “Comprehensive Firearms and Ammunition
Regulation Act of 2010”,

Section 2. Purpose. ~ It is hereby declared by Congress that the purpose of this Act is to provide for a
comprehensive law regulating the ownership, possession, carrying, manufacture, importation of and
dealing in firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement
agencies in their campaign against crime, and stop the proliferation of illegal firearms or weapons and the
illegal manufacture of firearms or weapons, ammunition and parts thereof. It is not the purpose of this,
Act to place any undue or unreasonable restrictions on qualified law-abiding citizens with respect to their
due acquisition, ownership, possession, or use of firearms for purposes of hunting, sports, competitions,
personal protection or any lawful activity.

Section 3.— Definitions: As used in this Act -

2 a. The term “Firearm” shall refer to (1) any weapon which is designed to, may be
converted into, or which will expel a projectile by the action of an explosive; (2) the frame or
receiver of any such weapon; Provided that it shall not include a curio or antique firearm, an air
‘gun, an air-soft gun or a replica.

b. The term “small arms” shall mean those firearms or weapons intended for use by
individual or primarily designed for individual use or that which is generally considered to mean
‘a weapon intended to be fired from the hand or shoulder which includes:

(1) Handgun - a firearm which is intended to be fired from the hand, which includes:
(i) A pistol which is defined as a hand-operated firearm having a chamber

integral with or permanently aligned with the bore which may be self loading and
maybe fire in semi-automatic or automatic mode


(ii) Revolver - which is a hand-operated firearm with a revolving cylinder
containing chambers for individual cartridges,

(2) Shotgun - a weapon designed, made and intended to fire through a smooth bore by
the action or energy of an explosive a number of ball shots or a single projectile.

(3) Rifle - A rifle is a shoulder firearm or designed to be fired from the shoulder which
can discharge a bullet through a rifled barrel by different actions of loading, which may
be classified as lever, bolt, self-loading or

automatic and by different modes of discharge categorized as single fire or semi-
automatic, burst, or automatic.

“Major” parts of a firearm for purposes of importation shall also include the barrel,
slide, cylinder, bolt, and any assembled part of a firearm consisting of the said parts,

d, “Minor” parts of a firearm, other than the mentioned major parts hereof, are those
parts which consist of the firearm and which are necessary to effect and complete the action of
expelling a projectile by way of an explosion, except those classified as accessories

¢. The term “light weapons” are those which are classified as machine guns, belt fed,
operated by a crew or more than one person and are generally weapons incapable of being
licensed for ownership by citizens, except those which are classified as curio or antique weapons.

f. The term “ammunition” means loaded shells designed for use in any firearm and may
be fired by means of gunpowder or explosive

g. “Importer” shall mean any person, legal entit
engaged in the business of importing or bringing ammun
the territory of the Repul
provisions of this Act.

;, corporation, partnership or business
ion and firearms or parts thereof into
of the Philippines for purposes of sale or distribution under the

h. “Dealer” shall mean any person, legal entity, corporation, partnership or business
engaged in the business of buying and selling ammunition or firearms or parts thereof at
wholesale or retail,

i, “Manufacturer” means any person, legal entity, corporation, partnership or business
‘entity engaged in the business of manufacturing ammunition and firearms or parts thereof for
purposes of sale or distribution. This category shall also include the “sub-contractor” who
‘manufactures parts of firearms for purposes of selling or delivery to licensed manufacturers.

“Gunsmith” shall refer to any person, legal entity, corporation, partnership or business
‘engaged in the business of repairing firearms, light weapons and other weapons defined herein or
of constructing or assembling firearms and said weapons from finished or manufactured parts
thereof or of making minor parts thereof for the purpose of repairing or assembling said firearms
or weapons.

k. “School Zone” shall mean the grounds and property of a school, college or university
extending up (o fifty (50) meters from the limits or fence of the said premises for purposes of this
Act.



1. “Public place” shall include any private establishment that serves liquor, amusement
parks and centers, malls, shopping centers, bars, discos, hotels, motels, inns, and places of
business which admit the general public, including legally operated casinos and gambling areas
and arenas such as cockpits, lotteries and the like.

m. “Banks” shall include all banking institutions and their branches and all financial
institutions or business engaged in the exchange of currency, delivery or the transport of money,
jewelry, and the like.

n, “Licensed citizen” means any individual, a Filipino who is at least twenty-one (21)
years old and_has license to own, posses or to carry firearms outside of his or her residence in
accordance with this Act.

‘©. “Residence” means the place or places of abode by the licensed ci
his or her license.

indicated in

Section 4. Unlawful Sale, Importation and Manufacture of Firearms, Ammunition and Explosive
Devices.

a. Dealing In firearms, ammunition or parts. ~ Except in case of a licensed dealer, it
shall be unlawful for any person or legal entity to engage in the business of buying, selling,
dealing with or the acquisition of ammunition and firearms or parts thereof for purposes of sale
without a license, The penalty of prision correccional in its medium period and a fine of
P 100,000.00 to P500,000.00 shall be imposed for the violation of this provision,

b. Importation, - Except in case of a licensed importer, it shall be unlawful to import or
to engage in the business of importing firearms or parts thereof, to sell or otherwise act as dealer
thereof. The penalty for violation of this provision shall be prision correccional in its medium

+ period and a fine of P200,000.00 to P500,000.00 .

c, Manufacture of firearms or parts. - Except in the case of a licensed manufacturer, it
shall be unlawful to manufacture or engage in the business of manufacturing or assembling
firearms or parts of firearms. ‘The penalty of prision correccional it is maximum period to prision
‘mayor in its minimum period and a fine of P300,000.00 to 500,000.00 shall be imposed for the
violation of this provision.



d. Manufacture and sale of ammunition. - Except in the case of licensed dealers,
licensed importers and manufacturers, it shall be unlawful to deal in or engage in the business of
selling ammunition and to manufacture or to engage in the business of manufacturing,
ammunition. The penalty of prision correccional in its minimum period and a fine of P20,000.00
shall be imposed for any violation hereof.

¢. Ammunition for Personal Use. - The sale, possession and ownership of ammunition
reloading machines for personal use of a licensed citizen or accredited gun clubs shall be
registered only once with the Philippine National Police; Provided that the failure to register the
same shall be punishable with a fine of P10,000.00.

f. Transporting and displaying. - Nothing in this paragraph shall be held to preclude a
licensed dealer, importer, or manufacturer from depositing, displaying or bringing into or from
the places of business any firearm or parts thereof and ammunition.

Section 5. Possession of Equipment, Machinery and Materials for the Manufacture of Firearms, - The
possession of any machinery, tool or instrument used directly in the manufacture of firearms or major
parts thereof and ammunition by any person, corporation, sole proprietor or any business entity who are
not licensed to deal or sell, to manufacture of firearms and ammunition or who are not licensed gunsmiths
shall be prima facie evidence that such article is intended to be used in the unlawful or illegal
manufacture of firearms, ammunition or explosives as penalized under Section 3 (c ).

ion 6. Altering the Composition of Ammunition Components. - It shall be unlawful to alter or
modify the composition of any lawfully manufactured ammunition or explosive powder and the like
which are used for the making of ammy ‘The penalty shall be prision correccional in its minimum
period for violations hereof.

Section 7. Licenses and Scope of Licenses for Dealers, Importers and Manufacturers.

a. The license to import shall not include the license to deal in or manufacture firearms
and ammunition.

b. A separate license to export shall be necessary to export manufactured parts or finished
products of firearms and ammunition, The importation and export of firearms and ammunition
shall be under the administration of the Philippine National Police.

. The license to deal in or buy and sell ammunition and firearms shall be necessary to
‘engage in the said business and shall be separate from the license to import and manufacture the
same,

4. The license to manufacture shall include the license to import machinery, equipment,
and firearms and ammunition or parts for the manufacture thereof but shall not include the license
to import finished products for resale.

e. The license for gunsmiths shall include the repair, assembly or weapons and the
making of minor parts for purposes of such assembly or repair.

Section 8. Unlawful Possession of Firearms by Civilians. - Only licensed citizens shall be allowed to

purchase, sell, possess, own and carry firearms and ammunition and only upon licenses issued in
accordance with the provisions of this Act and its Implementing Rules and Regulations.

=


a. The penalty of _prision correccional in its medium period and a fine of not less that
Fifty Thousand Pesos (P50,000.00)] shall be imposed upon any person who shall unlawfully
possess a firearm without any license.

b. The penalty of arresto mayor from its minimum period to its medium period or a fine
of not less than P10,000.00 shall be imposed upon any person who shall possess ammunition for
firearms without any license; Provided, that a license to possess a firearm or firearms shall be
deemed to include the license to purchase and possess ammunition for such firearm or firearms.

Section 9. Requisites for Obtaining a License to Own and Possess Firearms. - A citizen may acq}
license to own and possess a firearm or firearms and ammuni
following requirements:

rea
‘only upon compliance with the

a. The citi

en is at least twenty-one (21) years old;

b. He or she has gainful work or business and has filed an Income Tax Return for the
preceding year.

¢. He or she is not an accused in a criminal case before the courts for a crime with a
penalty of imprisonment of more than two (2) years. An acquittal in the criminal case before the
courts shall qualify the individual to acquire a license.

d. He or she has not been convicted of any offense with a penalty of imprisonment of
more than one (1) year.

. He or she has passed the psyc! and drug test administered by an accredited
psychologist or psychiatrist and an accredited testing laboratory or clinic for the drug test.

g. Payment of reasonable licensing fees as may be provided for in the Implementing
Rules and Regulations of this Act which shall not be amended within three (3) years.

h, He or she must have passed a gun safety seminar which is handled by the Phil
National Police or a registered gun club.

i, No other requirements other
Implementing Rules and Regulations;

jan those provided in this Act may be included in the

Section 10. Firearms That May Be Licensed. - Only firearms classified as small arms may be
ered by licensed citizens for ownership, possession and concealed carry.

Section 11. Types of Licenses. - The following types of licenses to possess and own firearms may be
granted to any licensed citizen upon compliance with the requirements and payment of reasonable fees
therefor:

a. Type | License: For citizens with annual income of P50,000.00 or less, the licensed
citizen shall be allowed to own a maximum of two handguns and one rifle or shotgun



b. Type 2 License: For citizens with annual income of above P50,000,00 to P100,000.00,
the licensed citizen shall be allowed to own a minimum of three (3) but not more than six (6)
small arms, two (2) which may either be a rifle or a shotgun,

c. Type 3 License: For citizens with annual income of above P100,000.00 to
P 150,000.00, the licensed citizen shall be allowed to own a minimum of seven (7) but not more
than twelve (12) small arms, three (3) of which may either be rifle or shotgun.

d. ‘Type 4 License: For citizens with annual income of above P150,000.00 to
200,000.00, ‘the licensed citizen shall be allowed to own a minimum of thirteen (13) but nor
‘more than fifteen (15) small arms, four (4) of which may either be rifle or shotgun. A vault for
the safekeeping of firearms shall be required,

¢. ‘Type 5 License: For citizens with annual income of above P200,000.00, the licensed
citizen shall be allowed to own any combination of small arms.

f. Type 6 License: This license shall be granted to citizens certified to be licensed gun
collectors,

g. For Type 3 to Type 5 Licenses, a vault or a secure container for the safekeeping of
firearms shall be required. For Type 6 License, a secured display cabinet shall be required to
contain the firearms.

Section 12. License to Possess Ammunition Necessarily Included. ~The licenses. granted to qualified
'$ as provided in the preceding section shall include the license to possess ammunition: with a
imum of fifty (50) rounds. ‘The number of ammunition per licensed firearm may be increased
depending on the type of license or upon further permit granted to the licensed citizen.

Section 13. Registration of Firearms. ~ As a requisite to own and possess firearms, th tizen
shall register his firearms so purchased with the designated regulatory service of the Philippine National
Police for firearms in accordance with the type of license such licensed citizen possesses. A certificate of
registration of the firearm shall be issued upon payment of reasonable fees therefor.

Section 14. Renewal of Licenses and Registration.
a. All types of licenses issued to licensed citizens shall be renewed every two (2) years,

b. The registration of the firearms shall be done every two (2) years.

¢. Provided, that - upon failure of the licensed citizen to renew his license type or to renew the
+ registration of the firearm, notice shall be sent to his or her address indicating a period of six (6)
months after receipt of notice to renew the license or registration.

4. Provided, further, that - upon the lapse of two (2) years without the renewal of the type of
license or the registration of the firearm, the license granted to the citizen shall be revoked and
the unregistered firearms shall be confiscated by the Philippine National Police in favor of the
government upon proof of notice, except for good cause and such as prolonged absence from his
or her residence.

e. Provided, further, that — reasonable fees shall be charged for the failure to renew the license or
register the firearm on time.


Section 15. Possession by Public Officers. — Except for the registration and the issuance of card
registrations for firearms supplied by the government to law enforcement agencies, soldiers and/or
members of the Armed Forces of the Philippines, the National Bureau of Investigation, the Philippine
National Police, the Bureau of Jail Management and Penology, as well as the President and Vice
President of the Republic of the Philippines, Senators and Representatives of the House of Congress,
Justices of the Supreme Court and the Court of Appeals, Judges of lower courts, Prosecutors and Officials
of the Department of Justice, Cabinet Secretaries, Governors, and Mayors, members of the Bureau of
Customs Police, Philippine Ports Authority Security Forces, Airport Security, and Export Processing
Zones Authority Police Force, University of the Philippines Police Force, the provisions on licensing and
possession of licensed firearms shall not apply when such firearms which are issued as incident of their
work and service to the government;

a, Provided, however, except in the case of the Armed Forces of the Philippines, that the
list of firearms be maintained by the appropriate services of their bureaus and which list must be
submitted to the Department of Justice and to the designated regulatory service for firearms, Any
discrepancy in the list submitted shall be considered as negligence in the performance of official
duties;

b. Provided, further, that minimal fees equivalent to the cost of registration shall be
charged,

3 ©. Provided, further, that any other firearm personally purchased by the members of
these mentioned services, departments and law enforcement agencies shall be subject to the
licensing requirements under this Act for possession and permit to carry such firearm outside of
their residences upon payment of minimal fees as government employees;

d. Provided, further, that provincial governors, members of the Sangguniang
Panlalawigan, mayors, members of the Sangguniang Panglunsod or Sangguniang Bayan,
members of the Judiciary and prosecutors of the Department of Justice shall each be allowed to
carry one (1) concealed firearm outside of residence upon the registration of such firearm,

Section 16. Unlawful Issuance of Authority to Carry Firearm and/or Ammunition Outside of
Residence. - It shall be unlawful for any person, civilian or military, who shall issue authority to carry
firearm and/or ammunition outside of residence, without authority therefor and shall be considered as
Falsification by public officer under Article 171, Revised Penal Code with the same penalty of prision
mayor.

Section 17. Concealed Carry of Firearms. — 1t shall be unlawful for any licensed citizen to carry his
registered firearms and ammunition outside of his residence without particular permits to carry concealed
firearms outside of the residence of such licensed citizen, which permits should be issued in accordance
with and subject strictly to the provisions of this law and in faithful accordance with its implementing
rules and regulations. The penalty therefor shall be arresto menor (arresto mayor - RA 8294} or a fine of
P20,000,00 and the cancellation of the licenst

a, Provided, that the requirements for the issuance of the special permit to carry firearms
outside the residence are:

(i) The applicant must be a licensed citizen;



(ii) An application for the special permit to carry firearm outside the residence;

(iii) The applicant must show the necessity to carry the firearm outside of the
residence by reason of participation in sports and shooting competitions,
personal protection, nature of work, nature of business and circumstances which
will regularly place his personal safety in danger;

Payment of reasonable fee.

b. Provided, further, that the requirements for carrying firearms outside of residence are:
( The firearm must be concealed from public view or display;
ii) Outside or belt holsters cannot be used for concealed carry;
(iii) The firearm can be contained in inside holster, bags, belt bags and the like as
long as they are not exposed to the public view,(iv) The firearm cannot be

brought to “gun free zones” defined herein as schools, colleges, universities,
banks, and public places as defined in this Act;

Provided, that - such institutions shall provide for the deposit and safekeeping of
icensed firearms with permits to carry outside of residence; Provided, further,
that in public places like amusement parks and centers, malls, shopping centers,
and places of business which admit the general public including lawful casinos
and legal gambling arenas, such establishments may allow firearms
subject {0 permits to carry firearms to be brought into such establishments upon
the condition the permits to carry firearms be recorded upon entry therein;
Provided, further, that firearms shall not be allowed inside restaurants and
establishments which serve liquor and the firearm shall be deposited with the
‘management thereof before entry.

(v) Nothing in this paragraph shall be regarded as to further limit the licensed
citizen’s permit to carry concealed firearms outside of residences, or to otherwise
define a different “gun free zone.”

Section 18. Fees for Issuance of and Renewal of Licenses, Registrations and Permits To Carry
Concealed Firearms. ~

(i) All payments for the application for licenses shall be made to the Land Bank of the
Philippines or the designated government bank;

(ii) All payments for the permits to carry concealed firearms shall be for the account of
the agency or service in charge of the regulation of firearms of the Philippine National Police;
and,

(iii) Receipts shall be duly issued by the bank, agency or service receiving such payments
for purposes of accountability. Failure to issue receipts shall be punishable by
prisioncorreccional in its minimum period and by permanent disqualification from government

+ service.



Section 19. Rules on the Sale, Transfer, and Concealed Carry During Elections. During the election
period as determined by the Omnibus Election Code, the following provisions shall prevail on the sale,
transfer, issuances of licenses, registration of firearms and the concealed carry of firearms, as follows:

a. The permit to carry concealed firearms outside of one’s residence shall be suspended
during the election period. However, special permits shall be issued by the Commission on
Flections to those exempted from this prohibition.

b. Exemptions to the suspension of the permit to carry concealed firearms during
elections shall cover:

(1) Security agencies and personnel involved in the business of providing protection and
the transport of money, gold, gems or valuables; This exception shall also include
cashiers, disbursing officers or persons who are employed in banking, financial
institutions, pawnshops, or foreign exchange and the like who are officially tasked with
the delivery, transport and safekeeping of sums of money, gold, gems and other like
valuables and also those whose profession, business or occupation involve the same
tasks;

(2) President and Vice President of the Republic of the Philippines, Senators and
Representatives of the House of Congress, Justices of the Supreme Court and the Court
of Appeals, Judges of lower courts, Lawyers, Prosecutors and Officials of the Department
of Justice, Cabinet Secretaries, Governors, and Mayors; Provided that, those who are
running for any elective position shall be required to seek a special permit from the
Commission on Electi

¢. The suspension of the permit to carry firearms shall not apply to law enforcement
agencies such as the National Bureau of Investigation, the Philippine National Police, the Bureau
of Jail Management and Penology (Bureau of Prisons and jail guards), members of the Judiciary
and the Justice Department, members of the Bureau of Customs Police, Philippine Ports
Authority Security Forces, Airport Security, and Export Processing Zones Authority Police Force,
University of the Philippines Police Force and there shall be no necessity 10 secure a Special
Permit to Carry their service firearms from the Commission on Elections; Provided, that -

(i) The exemption shall cover only the service firearms of these persons; Such firearm
shall be considered the service firearm if included in the list submitted to the Commission
on Elections by the services or departments concerned.

(ii) The carrying of firearms of these services and persons shall be in connection with the
performance of their duties and work and going to and from their place of work;

(iii) The rules on the restrictions of carrying firearms by licensed citizens shall be
observed insofar as off-duty personnel shail not be able to bring their firearms into gun
free zones as provided in Sec. 16 (b) [4] of this Act.

(iv) Provided, however, that the chief of the said law enforcement services or agencies,
judges and justices, and prosecutors of the Department of Justice shall submit to the
Commission on Elections a list of those firearms belonging to these persons at least
twenty (20) days before the start of the election period.



d. ‘The suspension of the permit for concealed carry shall not include the application for
gun licenses and registration of firearms; nor the sale and transport of sold firearms from the
store to the residence of the purchaser; nor the usual transport of ammunition, firearms or parts
thereof pursuant to the business of licensed importers, dealers, manufacturers and gunsmiths;
nor the delivery and transport of ammunition and firearms or parts thereof to the premises of the
Philippine National Police for safekeeping and such other tests required for registration or
licensing. Nothing in this Act which supersedes the relevant articles and sections of the Omnibus
Election Code shall be held or interpreted to restrict and suspend lawful commerce of firearms
during the election period.

d. Nothing in this paragraph shall be held to further restrict the exemptions on the
suspension of the permits to carry concealed weapons outside the residences of licensed citizens,

e. Any violation hereof shall be subject to the penalties provided for in Article XXII,
Sec. 264 of the Omnibus Election Code.
Section 20. Use of Firearms and Explosives in Committing Crimes. ~ The use of firearms in the
commission of crimes shall have the following effects:

a. As an aggravating circumstance in crimes punishable under the Revised Penal Code.

b. When employed in the commission of homicide, the penalty shall be increased to
prision mayor maximum period. In the stages of attempted homicide and frustrated
homicide, it will be considered as an aggravating circumstance

¢. When used in the commission of murder, the penalty shall be no less than the capital
punishment.

d. Or in perpetration of, in furtherance to, as incident of, or in relation to the crime of
rebellion shall be absorbed in the crime of sedition or coup d’etat as an aggravating circumstance.

Section 21. Tampering of Firearm's Serial Number. - ‘The penalty of arresto mayor
(prisioncorreceional - RA 8294) shall be imposed upon any person who shall unlawfully tamper, change,
deface or erase the serial number of any firearm.

Section 22, Implementing Rules and Regulations. - The Implementing Rules and Regulations (IRR) of
this Act shall be formulated by an IRR Council composed of the following:

a, Secretary of Justice as Chairperson, who may authorize his or her representative,
with the rank of at least a Senior Deputy Prosecutor General;

b. Secretary of the DILG or his or her representative, with the rank of at least an
Assistant Secretary;

c. Representative of the private sector, from the Firearms and Ammunition
Manufacturers Association of the Philippines; and,

4. A representative from the Philippine National Police shall serve as a resource
person who shall submit his inputs to the Committee



Section 23. Repealing Clause. This Act repeals all the provisions of Presidential Decree No. 1866,
Republic Act No. 8294 and all other laws, executive orders, letters of instruction, issuances, circulars,
administrative orders, rules or regulations that are inconsistent therewith.

Section 24. Separability Clause. \f any provision of this Act or any part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and
subsisting.

Section 25. Effectivity - This Act shall take effect fifteen (15) days after publicat
nationwide circulation,

in-a newspaper of

Approved,

ti