.THIRTEENTH CONGRESS OF THE REPUBLIC ) 
Third Regular Session 
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OF THE PI-IILIPPlNES 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
,,,,,: 
A lot of accidents involving weapons are the result of the weapon owner's failure to 
store the said weapons safely - that is, without having first securely locked such weapon in an 
appropriate locked box or rendered it incapable of being fired by the use of a gun locking device 
appropriate to that weapon. 
Placing weapons within reach or easy access of other people, especially of children, is 
likewise irresponsible because it increases the incidence of injury not only to the one who got 
hold of the weapon, but also to the other people around him. Allowing other people access to 
weapons likewise facilitates the use of such weapons in the commission of other crimes. 
This bill seeks to protect people from accidents caused by the failure to store weapons 
safely. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
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OF THE PHILIPPINES 
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Third Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PENALIZING THE UNSAFE STORAGE QF WEAPONS 
Be it enacted by the Senate and House of Representatives ofthe Philippines in Congress 
assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Weapon Accident Prevention 
Act of 2006". 
SECTION 2. Decluration off'olicy. - It is the policy of the State to promote the general 
welfare of the people. Pursuant to this policy, this Act seeks to protect people from accidents 
caused by the failure to store weapons safely. 
SECTION 3. Dejnition ofTerrns. - For purposes of this Act: 
(A)"Weapon" means a gun, rifle, shotgun, or any other firearm, including homemade 
guns. 
(B) "Locked box" means a safe, case or container which, when locked, is incapable of 
being opened without the key, combination, or other unlocking mechanism and 
is resistant to tampering by an unauthorized person attempting to obtain access to 
and possession of the weapon or ammunition contained therein. 
Within sixty (60) days from the promulgation of this Act, the Director of the 
Philippine National Police shall develop and promulgate rules and regulations setting 
forth the specific devices or the minimum standards and criteria which constitute an 
effective loclted box. 


(C) “Gun loclciiig device” means an integrated design feature or an attachabie 
accessory that is resistant to tampering and is effective in preventing the discharge of 
a weapon by a person who does not have access to the kcy, combination or other 
mechanism used to disengage the device. 
(D)“Loaded rifle” means any rifle loaded with ammunition or any rifle which is 
possessed by one who, at the same time, possesses a quantity of ammunition which 
may be used to discharge such rifle. 
(E) “Loaded shotgun” means any shotgun loaded with ammunition or any shotgun 
which 
is possessed 
by one who, at the same time, possesses a quantity of 
ammunition which inay be used to discharge such shotgun. 
SECTION 4. Failure to Sfure a Weapon Safely. - It shall be unlawful for any person to 
store or otherwise leave a weapon out of his or her immediate possession or control without 
having first secureiy locked such weapon in a11 appropriate locked box or rendered it incapable 
of being fired by the use of a gun locltiiig device appropriate to that weapon. 
SECTION 5. Aggravated Failure to Store a Weupon Safely - It shall be unlawhl for any 
person to store or leave a loaded rifle, loaded shotgun or loaded firearm in any location where 
such weapon is accessible to a person and such weapon is discharged by such person, which 
causes injury to such person or any other person. 
In any prosecution under this Section it shall be an affirmative defense that the 
defendant actively pursued all reasonable efforts to retrieve or otherwise regain possession 
of such weapon prior lo its discharge. 
The provisions of this section shall not apply if: 
(A) Such person gains access to such weapon as a result of an unlawful entry to any 
premises by any person; 
’ (B) Such weapon is stored in a securely locked box w&h prevents access to the 
weapon and any ammunition which may be used to discharge such weapon is 


stored in a separate, securely locked box which prevents access to such 
ammunition; 
(C) Such weapon is secured with a gun loclcing device which prevents the weapon 
from discharging; 
(D)Such weapon is in the possession or control of a police officer while the officer is 
engaged in official duties. 
SECTION 6. Penalties. - Any person found guilty of violating Section 4 shall be 
punished by a penalty of imprisonment of arresto menor, or a fine of not more tlian Ten 
Thousand Pesos (PlO,OOO.OO), or both, at the discretion of the court, taking into consideration all 
attending circumstances. 
The penalty next higher shall be imposed when the weapon not stored safely is removed 
from the premises or discharged by another person. 
Any person found guilty of violating Section 5 shall be punished by a penalty ol" 
imprisonment of arresto mayor, or a fine of not more than Fifty Thousand Pesos (PSO,OOO.OO), 
or both, at the discretion of the court, taking into consideration all attending circumstances. 
The penalty next higher shall be imposed when the discharge of the weapon not stored 
safely results in the death of any person. 
SECTION 7. 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 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 provisions of this act is hereby repealed, 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, 
/rgs