; 7 RECEIVED
Republic of the Philippines 25 AUG 2016

HOUSE OF REPRESENTATIVES DATE:

Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 3315

EMG TR TION UNIT
BILLS ANC ACL X

ERVICE

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay — Villar

EXPLANATORY

OTE
In an ideal world, there would be no need for guns.

We do not live in such a world. In fact, every day, we are faced with somber, tragic reminders
about how far we are from that ideal. Gun violence plays a large part in that. In our
increasingly connected world, it is impossible to be ignorant of the ease with which firearms
facilitates the death of human beings, allowing for death on a massive scale before the
authorities can intervene. In the Philippines, firearms account for an estimated 56% of
homicides, based on our country profile in the World Health Organization's Global Status
Report on Violence Prevention’, While many of the worst firearms related crimes in our
history have been those committed by a group of criminals, we have no shortage of heart-
rending evidence here on our shores of the evil that may be perpetrated by a lone gunman: the
Kawit shooting happened less than four years ago.”

Gun violence is an endemic issue that must be tackled on multiple fronts, but = the vanguard
oe be our primary statute on firearms and ammunition, Republic Act No 10591. This bill
ecks to bring RA. 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
Aumbers of unlicensed firearms is @ continual problem, the existence of a licensing procedure
Man ig not an effective protection against criminality if this procedure is not as fisor &
possible, fit is not a screening process that makes use of as much information as possible in
poger to reasonably determine the suitability of an applicant, While no licensing procedure
cre be made infallible, there is certainly room for it to be made more rigorous: stands,
there ig 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
Hasna police at this time); neither is there any requirement for the other members of the
Nausehold to consent to, or even know about, the potential presence of & lethal weapon in

ee

* 2014: http://www. who int/violence_injury_prevention/violence/status_report/2014/en/
* http://lifestyle.inquirer. rnet/92105/the-kawit-mass-shooting-who-is-ronald-bae

* ttp://Avww.philstar. com/headiines/2015/11/25/1525687/dote- suspends-order-nbi-clearance-drivers-license

Page 1 of 6


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
pon ticense 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
eer reef firearms Social Media sites, particularly Facebook, have become hotbeds for gun
aaeret and it must be made clear in the statue that all transactions conceming firearms require
sesance to deal on the part of the seller, and a license on the part of the buyer. waiting
period between purchase and delivery ofa firearm has also been adapted by several countries,
pote io 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

We do not live in an ideal world. But it isthe role of legislation to move us toward thet ideal,
toward a better, safer Philippines for our children and ourselves. Let us not wait for another
preventable tragedy before we provide the necessary safeguards to help ensure that firearms
only find their way into safe hands.

Aorta He ffllan
EMMELINE Y. AGLIPAY - VILLAR
Representative, DIWA Party-list

_

a ntpx//wwwvcmetheriones.com/politcs/2016/07/dallas-police-shooter-boughtak-47-facebook
5 GR. No. 157036, June 9, 2004, Chaver v. Hon. Romulo,

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

SEVENTEENTH CONGRESS
First Regular Session

3315

House Bill No.”

Introduced by DIWA Party-list Representative Emmeline Y. Aglipay - Villar

AN ACT RATIONALIZING FIREARMS POLICY AND AMENDING FOR THIS
PURPOSE REPUBLIC ACT NO. 10591

Be ir enacted by the Senate and House of Representatives of the Republic ofthe 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
fight of its qualified citizens to self-defense the inherent destructive power of firearms
‘warrants strict and clear regulations concerning the ownership, possession, carrying,
wanufaeture, dealing in and importation of firearms, ammunition, or parts thereof, in order to
sare that one 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.

(a) 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
Guthorized 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
vitizen, at least twenty-one (21) years old, and has gainful work, occupation of
Caer or has filed an Income Tax Retum (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 APPLICANTS
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:

(@) The applicant has not been convicted of any crime involving moral
‘turpitude

(b) The applicant has passed the psychiatric test administered by a PNE-
aceredited 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;

(4) The applicant has passed a gun safety seminar which is administered by
the PNP or a registered and authorized gun club;

;ppticant-has-filed-in-writing-the-eppl Pr registered
firearm-whieh shall hep Leireumstances-of the applicant:

(E) The applicant must present a police clearance from the city or
‘municipality police office:

(F) THE APPLICANT MUST PRESENT A VALID CLEARANCE FROM
‘THE NATIONAL BUREAU OF INVESTIGATION (NBI);

(G) The applicant has not been convicted AND is NOT currently an accused
ina pending criminal ease before any court of law for a crime that is punishable w ith
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 eriminal
case OR THE JUDICIAL REMOVAL OF A PROTECTION ORDER 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

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.

xx

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:

XXX

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

Page § of 6


() 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 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.

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:

XxX

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.

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(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
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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