FIFTEENTH CONGRESS OF THE REPUBLIC } ag Miller of “
OF THE PHILIPPINES

Third Regular Session } 12 ahi 2u p89
1S dh 26, 45
SENATE .
me SY: (AV

Senate Bill No.” 8397 a -

(In Substitution of Senate Bil] Nos. 13, 129, "1042, 1 1267, 1299, 1302, 1569, 1629,
1702, 1766, 1813, 1894, 1980, 2304, 2322, 2439, 2583, 2786, 2993, and 3083,
Senate Resolution No. 659, taking into consideration House Bill No. 5484)

Introduced by Senators Trillanes IV, Drilon, Villar,
Defensor Santiago, Revilla Jr., Lacson, and Honasan I

AN ACT
PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND
AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

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

ARTICLE 1
TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS.

SECTION 1. Short Title. ~ This Act shall be known as the “Comprehensive
Firearms and Ammunition Regulation Act.”

SEC. 2. Declaration of State Policy. — It is the policy of the State to
maintain peace and order and protect the people against violence. The State also
recognizes the right of its qualified citizens to self-defense through, when it is the
reasonable means to repel the unlawful aggression under the circumstances, the
se of firearms. Towards this end, the State shall provide for a comprehensive law
regulating the ownership, possession, carrying, manufacture, dealing in and
importation of firearms, ammunition, or parts thereof, in order 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

SEC. 3. Definition of Terms. ~ As used in this Act:

(a) Accessories refers to parts of a firearm which may enhance or

increase the operational efficiency or accuracy of a firearm but will not constitute



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any of the major or minor internal parts thereof such as, but not limited to laser
scope, telescopic sight and sound suppressor or silencer;

(b) Ammunition refers to a complete unfired unit consisting of a bullet,
gunpowder, cartridge case and primer or loaded shell for use in any firearm;

(©) Antique firearm refers to any: i) firearm which was manufactured at
least seventy-five (75) years prior to the current date but not including replicas; ii)
firearm which is certified by the National Museum of the Philippines to be curio or
relic of museum interest; and iii) any other firearm which derive a substantial part
of their monetary value from the fact that they are novel, rare, bizarre or because
of their association with some historical figure, period or event;

(d) 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 authorized in accordance with domestic law in either or both
country/countries;

(e) Authority to import refers to a document issued by the Chief of the
Philippine National Police (PNP) authorizing the importation of firearms, or their
parts, ammunition and other components;

() Authorized Dealer refers to any’ person, legal entity, corporation,
partnership or business entity duly licensed by the FEO to engage in the
business of buying and selling ammunition, firearms or parts thereof, at wholesale
or retail basis;

(g) Authorized Importer refers to any person, legal entity, corporation,
partnership or business duly licensed by the Firearms and Explosives Office of the
Philippine National Police to engage in the business of importing ammunition and
firearms, or parts thereof into the territory of the Republic of the Philippines for

purposes of sale or distribution under the provisions of this Act,



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(h) Authorized Manufacturer refers to any person, legal entity, corporation,
or partnership duly licensed by the Firearms and Explosives Office of the
Philippine National Police to engage in the business of manufacturing firearms,
and ammunitions or parts thereof for purposes of sale or distribution;

(i) Confiscated firearm refers to a firearm that is taken into custody by the
Philippine National Police (PNP), National Bureau of Investigation (NBI), Philippine
Drug Enforcement Agency (PDEA), and all other law enforcement agencies by
reason of their mandate and must be necessarily reported or turned-over to
Firearms and Explosives Office (FEO,) of the PNP;

(j) Demilitarized firearm refers to a firearm deliberately made incapabie of
performing its main purpose of firing a projectile;

(k) Duty Detail Order refers to a document issued by the juridical entity or
employer wherein the details of the disposition of firearm is spelled-out, thus
indicating the name of the employee, the firearm information, the specific duration
and location of posting or assignment and the authorized bonded firearm
custodian for the juridical entity to whom such firearm is turned-over after the lapse
of the order;

() Firearm refers to any handheld or portable weapon, whether a small
arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile
or any projectile, which is discharged by means of expansive force of gases from
burning gunpowder or other form of combustion or any similar instrument or
implement. For purposes of this Act, the barrel, frame or receiver is considered a
firearm;

(m) Firearms Information Management System (FIMS) refers to the
compilation of all data and information on firearms ownership and disposition for
record purposes;

(n) Forfeited firearm refers to a firearm that is subject to forfeiture by
reason of court order as accessory penalty or for the disposition by the Firearms

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and Explosives Office of the Philippine National Police of firearms considered as
abandoned, surrendered, confiscated or revoked in compliance with existing rules
and regulations; :

(0) Gun Club refers to an organization duly registered with and accredited
in good standing by the Firearms and Explosives Office of the Philippine National
Police which is established for the purpose of propagating responsible and safe
gun ownership, proper appreciation and use of firearms by its members, for the
purpose of sport and shooting competition, self-defense and collection purposes;

(p) Gunsmith refers to any person, legal entity, corporation, partnership or
business duly licensed by the Firearms and Explosives Office of the Philippine
National Police to engage in the business of repairing firearms and other weapons
or constructing or assembling firearms and weapons from finished or
manufactured parts thereof on a per order basis and not in commercial quantities
or of making minor parts for the purpose of repairing or assembling said firearms
or weapons;

(q)_ Imitation firearm refers to a replica of a firearm, or other device that is
so substantially similar in coloration and overall appearance to an existing firearm
as to lead a reasonable person to believe that such imitation firearm is a real
firearm;

(rt) Licensed citizen refers to any Filipino who complies with the
qualifications set forth in this Act and duly issued with a license to possess or to
carry firearms outside of the residence in accordance with this Act;

(s) Licensed juridical entity refers to corporations, organizations,
businesses including security agencies and local government units which are
licensed to own and possess firearms in accordance with this Act;

(t) Light weapons are: Class-A Light Weapons which refer to self-loading
pistols, rifles and carbines, sub-machine guns, assault rifles and light machines
guns not exceeding caliber 7.62MM which have fully automatic mode; and Class-B

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Light Weapons which refer to weapons designed for use by two (2) or more
persons serving as a crew, or rifles and machines guns exceeding caliber 7.62MM
such as heavy machine guns, handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles,
portable launchers of anti-tank missile and rocket systems, portable launchers of
anti-aircraft missile systems, and mortars of a caliber of less than 100M;

(u) Long certificate of registration refers to licenses issued to government
agencies or offices or government-owned or controlled corporations for firearms to
be used by their officials and employees who are qualified to possess firearms as
provided in this Act, excluding security guards;

(v) Loose firearm refers to an unregistered firearm, an obliterated or
altered firearm, firearm which has been lost or stolen, illegally manufactured
firearms, registered firearms in the possession of an individual other than the
licensee and those with revoked licenses in accordance with the rules and
regulations;

(w) Major part or components of a firearm refers to the barrel, slide, frame,
receiver, cylinder or the bolt assembly. The term also includes any part or kit
designed and intended for use in converting a semi-automatic burst to a full
automatic firearm;

(x) Minor parts of a firearm refers to the parts of the firearm other than the
major parts which are necessary to effect and complete the action of expelling a
projectile by way of combustion, except those classified as accessories;

(y) Permit to Cany Firearm Outside of Residence refers to a written
authority issued to a licensed citizen by the Chief, Philippine National Police which
entitles such person to carry his registered or lawfully issued firearm outside of
the residence for the duration and purpose specified in the authority;

(2) Permit to Transport Firearm refers to a written authority issued to a

licensed citizen or entity by the Chief, Philippine National Police or by a Philippine

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National Police Regional Director which entitles such person or entity to transport
particular firearm from and to a specific location, within the duration and purpose in
the authority;

(aa) Residence refers to the place or places of abode of the licensed
citizen as indicated in his or her license;

(bb) Shooting Range refers to a facility established for the purpose of
firearms training and skills development, firearm testing, as well as for sport and
competition shooting either for the exclusive use of its members or open to the
general public, duly registered with and accredited in good standing by the
Firearms and Explosives Office of the Philippine National Police;

(cc) Short Certificate of Registration refers to a certificate issued by the
FEO for a government official or employee who was issued by his employer
department, agency or government-owned or controlled corporation a firearm
covered by the Long Certificate of Registration;

(dd) Small Arms refer to firearms intended to be 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 are not capable of fully automatic bursts
of discharge, such as:

(1) handgun which is a firearm intended to be fired from the hand,
which includes:

(i) a pistol which is a hand-operated firearm having a
chamber integral with or permanently aligned with the bore which
may be self loading; and

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

(2) rifle which is a shoulder firearm or designed to be fired from the

shoulder that can discharge a bullet through a rifled barrel by different



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actions of loading, which may be classified as lever, bolt, or self-loading;
and
(3) shotgun which is a weapon designed, made and intended to fire

a number of ball shots or a single projectile through a smooth bore by the

action or energy from burning gunpowder;

(ee) Sports shooting competition refers to a defensive, precision or
practical sport shooting competition duly authorized by the FEO;

(ff) Tampered, obliterated or altered firearm refers to any firearm whose
serial number or other identification or ballistics characteristics have been
intentionally tampered with, obliterated or altered without authority or in order to
conceal its source, identity or ownership;and

(ag) Thermal Weapon Sight refers to a battery operated, un-cooled thermal
imaging device which amplifies available thermal signatures so that the viewed
scene becomes clear to the operator which is used to locate and engage targets
during daylight and from low light to total darkness and operates in adverse
conditions such as light rain, light snow, and dry smoke or in conjunction with other
optical and red dot sights.

ARTICLE Il
OWNERSHIP AND POSSESSION OF FIREARMS

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 citizen, 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.

In addition, the applicant shall submit the following certification issued by

appropriate authorities attesting the following:



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(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;

(e) 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 regulation of this Act.

An applicant who intends to possess a firearm owned by a juridical entity
shall submit his duty detail order to the Firearms and Explosives Office.

SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity.
— A juridical person maintaining its own secutity force may be issued a regular
license to own and possess firearms and ammunition under the following
conditions:

a. it must be Filipino-owned and duly registered with the Securities and

Exchange Commission;



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b. itis current, operational and a continuing concern;

c. it has completed and submitted all its reportorial requirements to the
Security and Exchange Commission; and

d. it has paid all its income taxes for the year, as duly certified by the
Bureau of Internal Revenue

The application shall be made in the name of the juridical person
represented by its President or any of its main officers as duly authorized in a
board resolution to that effect: Provided, That the officer applying for the juridical
entity shall possess all the qualifications 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.

Security agencies and local government units shall be included in this
category of licensed holders but shall be subject to additional requirements as may
be required by the Chief, PNP.

SEC. 6. Ownership of Firearms by the National Government - All
firearms owned by the National Government shall be registered with the Firearms
and Explosives Office of the Philippine National Police in the name of the Republic
of the Philippines. Such registration shall be exempt from all duties and taxes that
may otherwise be levied on other authorized owners of firearms. For reason of
national security, firearms of the Armed Forces of the Philippines (AFP), Coast
Guard and other law enforcement agencies shall only be reported to the Firearms
and Explosives Office of the Philippine National Police.

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, PNP or his duly authorized representative to any qualified person whose life
is under actual threat or their lives are in imminent danger due to the nature of

their profession, occupation or business.



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It shall be the burden of the applicant to prove that his life is under actual
threat by submitting a threat assessment certificate from the PNP.

For purposes of this Act, the following professionals are considered to be
imminent danger due to the nature of their profession, occupation or business:

a. Members of the Philippine Bar;
b. Certified Public Accountants;
c. Accredited Media Practitioners;
d. Cashiers, Bank Tellers;
e. Priests, Ministers, Rabbi, Imams
f. Physicians and Nurses;
g. Engineers, and
h. Businessmen, who by the nature of their business or undertaking,
are exposed to high risk of being targets of criminal elements.
ARTICLE III
REGISTRATION AND LICENSING

SEC. 8. Authority to Issue License. - The Chief, PNP through the
Firearms and Explosives Office of the Philippine National Police, shall issue
licenses to qualified individuals and to cause the registration of firearms.

SEC. 9. Licenses Issued to Individuals. — Subject to the
requirements set forth in this Act and payment of required fees to be determined
by the Chief, PNP, a qualified individual may be issued the appropriate license
under the following categories:

Type 1 license ~ allows a citizen to own and possess a maximum of two (2)
registered firearms;

Type 2 license ~ allows a citizen to own and possess a maximum of five (5)
registered firearms;

Type 3 license — allows a citizen to own and possess a maximum of ten

(10) registered firearms;



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Type 4 license — allows a citizen to own and possess a maximum of fifteen
(15) registered firearms; and

Type 5 license — allows a citizen, who is a certified gun collector, to own
and possess more than fifteen (15) registered firearms.

For Types 1 to 5 licenses, a vault or a container secured by lock and key or
other security measures for the safekeeping of firearms shall be required

For Types 3 to 5 licenses, the citizen must comply with the inspection and
bond requirements.

SEC. 10. Firearms That May Be Registered. - Only small arms may be
registered by licensed citizens or licensed juridical entities for ownership,
possession and concealed carry. A light weapon shall be lawfully acquired or
possessed exclusively by the Armed Forces of the Philippines, the Philippine
National Police and other law enforcement agencies authorized by the President in
the performance of their duties: Provided, That private individuals who already
have licenses to possess Class-A light weapons upon the effectivity of this Act
shall not be deprived of the privilege to continue possessing the same and
renewing the licenses therefor, and shall be required to comply with other
applicable provisions of this Act.

SEC. 11. Registration of Firearms. — The licensed citizen or licensed
juridical entity shall register his/her/its firearms so purchased with the FEO in
accordance with the type of license such licensed citizen/or licensed juridical entity
possesses. A certificate of registration of the firearm shall be issued upon payment
of reasonable fees.

For purposes of this Act, registration refers to the application, approval,
record-keeping and monitoring of firearms with the FEO in accordance with the
type of license issued to any person under Section 10 of this Act.

SEC. 12. License to Possess Ammunition Necessarily Included. - The

licenses granted to qualified citizens or juridical entities as provided in the

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preceding section shall include the license to possess ammunition with a
maximum of fifty (50) rounds for each registered firearm: Provided, that the FEO
may allow more ammunition to be possessed by licensed sport shooters.

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, shall
make an application to:

a. the Secretary of the Department of Interior and Local Government in the
case of an application for a license to manufacture; and

b. the Chief, PNP in the case of a license to deal in firearms and firearms
parts, ammunition, and gun repair.

The applicant shall state the amount of capitalization for manufacture or
cost of the purchase and sale of said articles intended to be transacted by such
applicant; and the types of arms, ammunition or implements which the applicant
intends to manufacture or purchase and sell under the license applied for; and
such additional information as may be especially requested by the Secretary of the
DILG or the Chief, PNP.

The Secretary of DILG or the Chief, PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the
application shall indicate the amount of the bond to be executed by the applicant
before the issuance of the license and the period of time by which said license
shall be effective, unless sooner revoked by their authority.

Upon approval of the license to manufacture or otherwise deal in firearms
by the Secretary of DILG or the Chief, PNP as the case may be, the same shall be
transmitted to the Firearms and Explosives Office of the Philippine National Police
which shall issue the license in accordance with the approved terms and

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conditions, upon the execution and delivery by the applicant of the required bond
conditioned upon the faithful compliance on the. part of the licensee to the laws
and regulations relative to the business licensed.

SEC. 14. Scope of License to Manufacture Firearms and Ammunitions.
— The scope of the License to Manufacture firearms and ammunition shall also
include the following:

a. The authority to manufacture and assemble firearms, ammunition, spare
parts and accessories, ammunition components, and reloading of ammunitions,
within sites, areas, and factories stated therein. The Secretary of Interior and Local
Government shall approve such license;

b. The license to deal in or sell all the items covered by the License to
Manufacture, such as parts, firearms or ammunition and components;

c. The authority to subcontract the manufacturing of parts and accessories
necessary for the firearms which the manufacturer is licensed to manufacture:
Provided, that the subcontractor of major parts or major components is also
licensed to manufacture firearms and ammunition; and

d. The authority to import machinery, equipment, and firearm parts and
ammunition components for the manufacture thereof. Firearm parts and
ammunition components to be imported shall, however, be limited to those
authorized to be manufactured as reflected in the approved License to
Manufacture. The Import Permit shall be under the administration of the PNP;

A licensed manufacturer of ammunition is also entitled to import various
reference firearms needed to test the ammunition manufactured under the License
to Manufacture. A licensed manufacturer of firearms, on the other hand, is entitled
to import various firearms for reference, test and evaluation for manufacture of

similar types of firearms covered by the License to Manufacture; and

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An export permit shall, however, be necessary to export manufactured parts
or finished products of firearms and ammunition. The Export Permit of firearms
and ammunition shall be under the administration of the PNP.

SEC. 15. Registration of Locally Manufactured and Imported Firearms.
— Local manufacturers and Importers of firearms and major parts thereof shall
register the same as follows:

a. For locally manufactured firearms and major parts thereof, the initial
registration shall be done at the manufacturing facility: Provided, That firearms
intended for export shall no longer be subjected to ballistic identification purposes;
and

b. For imported firearms and major parts thereof, the registration shall be
done upon arrival at the FEO storage facility.

SEC. 16. License and Scope of License to Deal. — The License to Deal
authorizes the purchase, sale and general business in handling firearms and
ammunition, major and minor parts of firearms, accessories, spare parts,
components, and reloading machines, which stiall be issued by the Chief, PNP.

SEC. 17. License and Scope of License for Gunsmiths. - The license
for gunsmiths shall allow the grantee to repair registered firearms. The license
shall include customization of firearms from finished or manufactured parts thereof
on per order basis and not in commercial quantities and making the minor parts
thereof, ie. pins, triggers, trigger, bows, sights, stews and the like only for the
purpose of repairing the registered firearm. The license for gunsmiths shall be
issued by the Chief, PNP.

SEC. 18. Firearms for Use in Sports and Competitions. — A qualified
individual shall apply for a permit to transport his registered firearm/s from his

residence to the firing range/s and competition sites as may be warranted.

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SEC. 19. Renewal of Licenses and Registration. — All types of licenses to
possess a firearm shall be renewed every two (2) years. 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 the firearm shall be renewed every four (4) years. Failure
to renew the registration of the firearm on or before the date of expiration shall
cause the revocation of the license of the firearm. 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 within six (6) months
before the date of the expiration of such license or registration.

SEC. 20. Inspection and Inventory. - The Chief, PNP or his authorized
representative shall require the submission of reports, inspect or examine the
inventory and records of a licensed manufacturer, dealer or importer of firearm and
ammunition during reasonable hours.

ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS
SEC. 21. Acquisition or Purchase and Sale of Firearm and
Ammunition. - Firearm 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 ammunition and the issuance of the corresponding

licenses to citizens shall be allowed on the condition that the transport or delivery
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thereof shall strictly comply with the issuances, resolutions, rules and regulations
promulgated by the Commission on Elections.

SEC. 22. Deposit of Firearms by Persons Arriving From Abroad. - A
person arriving in the Philippines who is legally in possession of any firearm or
ammunition in his country of origin and who has declared the existence of the
firearm upon embarkation and disembarkation but whose firearm is not registered
in the Philippines in accordance with this Act shalt deposit the same upon written
receipt with the Collector of Customs for delivery to the Firearms and Explosives
Office of the Philippine National Police for safekeeping, or for the issuance of a
permit to transport if the person is a competitor in a sport shooting competition. If
the importation of the same is allowed and the party in question desires to obtain a
domestic firearm license, the same should be undertaken in accordance with the
provisions of this Act. If no license is desired or leave to import is not granted, the
firearm or ammunition in question shall remain in the custody of the Firearms and
Explosives Office of the Philippine National Police until otherwise disposed of in
accordance with law.

SEC. 23. Return of Firearms to Owner upon Departure from the
Philippines. - Upon the departure from the Philippines of any person whose
firearm or ammunition is in the custody of the Firearms and Explosives Office of
the Philippine National Police, the same shall, upon timely request, be delivered to
the person through the Collector of Customs. In the case of a participant in a local
sport shooting competition, the firearm must be presented to the Collector of
Customs before the same is allowed to be loaded on board the carrier on which
the person is to board.

SEC. 24. Safekeeping of Firearms and Ammunition. — Any licensee may
deposit a registered firearm to the Firearms and Explosives Office of the Philippine
National Police, or any Police Regional Office for safekeeping. Reasonable fees

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SEC. 25. Abandoned Firearms and Ammunition. - Any firearm or
ammunition deposited in the custody of the FEO pursuant to the provisions of this
Act, shall be deemed to have been abandoned by the owner or his authorized
representative if he failed to reclaim the same within five (5) years or failed to
advise the FEO of the disposition to be made thereof. Thereafter, the FEO may
dispose of the same after compliance with established procedures.

SEC. 26. Death or Disability of Licensee. — Upon the death or legal
disability of the holder of a firearm license, it shall be the duty of his next of kin,
nearest relative, legal representative, or other person who shall knowingly come
into possession of such firearm or ammunition, to deliver the same to the FEO or
Police Regional Office, and such firearms or ammunition shall be retained by the
police custodian pending the issuance of a license and its registration in
accordance with this Act. The failure to deliver the firearm or ammunition within 6
months after the death or legal disability of the licensee shall render the possessor
liable for illegal possession of the firearm.

SEC. 27. Antique Firearm. - Any person who possesses an antique
firearm shall register the same and secure a collector's license from the Firearms
and Explosives Office of the Philippine National Police. Proper storage of antique
firearm shall be strictly imposed. None compliance of this provision shall be
considered as illegal possession of the firearm as penalized in this Act.

ARTICLE V
PENAL PROVISIONS

SEC. 28. Unlawful, Acquisition, or Possession of Firearms and
Ammunition. - The unlawful acquisition, possession of firearms ammunition shall
be penalized as follows:

a. The penalty of prision mayor in its medium period shall be imposed

upon any person who shall unlawfully acquire or possess a small arm;

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b. The penalty of reciusion temporal to reciusion perpetua shall be
imposed if three (3) or more small arms or Class ~ A light weapons are unlawfully
acquired or possessed by any person;

c. The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess a Class ~ A light
weapon;

d. The penalty of reclusion perpetua shall be imposed upon any person
who shall unlawfully acquire or possess a Class ~ B light weapon;

e. The penalty of one (1) degree higher than that provided in paragraphs A
to C in this Section shall be imposed upon any person who shall unlawfully
possess any firearm under any or combination of the following conditions:

4. loaded with ammunition or inserted with a loaded magazine;

2. fitted or mounted with laser or any gadget used to guide the shooter to

hit the target such as thermal weapon sight (TWS) and the like;

3. fitted or mounted with sniper scopes, firearm muffler or firearm silencer;

4. accompanied with an extra barrel; and

5. converted to be fired semi-automatic or full automatic.

f. The penalty of prision mayor in its minimum period shall be imposed
upon any person who shall unlawfully acquire or possess a major part of a small
arm;

g. The penalty of prision mayor in its minimum period shall be imposed
upon any person who shall unlawfully acquire or possess ammunition for a small
arm or Class-A light weapon. If the violation of this paragraph is committed by the
same person charged with the unlawful acquisition or possession of a small arm,
the former violation shall be absorbed by the latter;

h. The penalty of prision mayor in its medium period shall be imposed
upon any person who shall unlawfully acquire or possess a major part of a Class-A
light weapon;

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The penalty of prision mayor in its medium period shall be imposed
upon any person who shall unlawfully acquire or possess ammunition for a Class-

A light weapon. If the violation of this paragraph is committed by the same person

charged with the unlawful acqui n or possession of a Class-A light weapon, the
former violation shall be absorbed by the latter.

j. The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess a major part of a Class-B
light weapon; and

k. The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess ammunition for a Class-
B light weapon. If the violation of this paragraph is committed by the same person
charged with the unlawful acquisition or possession of a Class-B light weapon, the
former violation shall be absorbed by the latter.

SEC. 29. Use of Loose Firearm in the Commission of a Crime. - The
use of a loose firearm, when inherent in the commission of a crime punishable
under the Revised Penal Code or other special laws, shall be considered as an
aggravating circumstance: Provided, That if the crime committed with the use of a
loose firearm is penalized by the law with a maximum penalty which is lower than
that prescribed in the preceding section for illegal possession of firearm, the
penalty for illegal possession of firearm shall be imposed in lieu of the penalty for
the crime charged: Provided, further, That if the crime committed with the use of a
loose firearm is penalized by the law with a maximum penalty which is equal to
that imposed under the preceding section for illegal possession of firearms, the
penalty of prision mayor in its minimum period shall be imposed in addition to the
penalty for the crime punishable under the Revised Penal Code or other special
laws of which he/she is found guilty.

If the violation of this Act is in furtherance of, or incident to, or in connection

with the crime of rebellion or insurrection, or attempted coup d' etat, such violation

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shall be absorbed as an element of the crime of rebellion or insurrection, or
attempted coup d' etat.

If the crime is committed by the person without using the loose firearm, the
violation of this Act shall be considered as a distinct and separate offense.

SEC. 30. Liability of Juridical Person. - The penalty of prision mayor in its
minimum to prision mayor in its medium period shall be imposed upon the owner,
president, manager, director or other responsible officer of any public or private
firm, company, corporation or entity who shall willfully or knowingly allow any of
the firearms owned by such firm, company, corporation or entity to be used by any
person or persons found guilty of violating the provisions of the preceding Section,
or willfully or knowingly allow any of them to use unregistered firearm or firearms
without any legal authority to be carried outside of their residence in the course of
their employment.

SEC. 31. Absence of Permit to Carry Outside of Residence. - The
penalty of prision correccional and a fine of Ten Thousand Pesos (P10,000.00)
shall be imposed upon any person who is licensed to own a firearm but who shall
carry the registered firearm outside his residence without any legal authority
therefor.

SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of
Firearm or Ammunition, or Parts Thereof, Machinery, Tool or Instrument
Used or Intended to be Used in the Manufacture of Firearm, Ammunition or
Parts Thereof. — The penalty of reclusion temporal to reclusion perpetua shall be
imposed upon any person who shall unlawfully engage in the manufacture,
importation, sale or disposition of a firearm, or ammunition, or a major part of a
firearm or ammunition, or machinery, tool or instrument used or intended to be
used by the same person in the manufacture of a firearm, ammunition, or a major
part thereof.

The possession of any machinery, tool or instrument used directly in the
manufacture of firearms, ammunition, or major parts thereof by any person whose

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business, employment or activity does not lawfully deal with the possession of
such article, shall be prima facie evidence that such article is intended to be used
in the untawful or illegal manufacture of firearms, ammunition, or parts thereof.

The penalty of prison mayor in its minimum period to prison mayor in its
medium period shall be imposed upon any laborer, worker or employee of a
licensed firearms dealer who shall unlawfully take, sell or otherwise dispose of
parts of firearms or ammunition which the company manufactures and sells, and
other materials used by the company in the manufacture or sale of firearms or
ammunitions. The buyer or possessor of such stolen part or material, who is aware
that such part or material was stolen, shall suffer the same penalty as the laborer,
worker or employee.

If the violation or offense is committed by a corporation, partnership,
association or other juridical entity, the penalty provided for in this section shall be
imposed upon the directors, officers, employees or other officials or persons
therein who knowingly and willingly participated in the unlawful act.

SEC. 33. Arms Smuggling. - The penalty of reciusion perpetua shall be
imposed upon any person who shall engage or participate in arms smuggling as
defined in this Act.

SEC. 34. Tampering, Obliteration or Alteration of Firearms
Identification. — The penalty of prision correccional to prision mayor in its
minimum period shall be imposed upon any person who shall tamper, obliterate or
alter without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly,
including the name of the maker, model, or serial number of any firearm, or who.
shall replace without authority the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including its individual or peculiar identifying characteristics essential in
forensic examination of a firearm or light weapon.

The PNP shall place this information, including its individual or peculiar
identifying characteristics into the database of integrated firearms identification
system of the PNP Crime Laboratory for future use and identification of a particular

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firearm,

SEC. 35, Use of an Imitation Firearm. — An imitation firearm used in the
commission of a crime shall be considered a real firearm as defined in this Act and
the person who committed the crime shall be punished in accordance with this Act:
Provided, that injuries caused on the occasion of the conduct of competitions,
sports, games, or any recreation activities involving imitation firearms shall not be
punishable under this Act.

SEC. 36. In Custodia Legis. - During the pendency of any case filed in
violation of this Act, seized firearm, ammunition, or parts thereof, machinery, tools
or instruments shall remain in the custody of the court. If the court decides that it
has no adequate means to safely keep the same, the court shall issue an order to
turn over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody during the pendency of the case and
to produce the same to the court when so ordered. No bond shall be admitted for
the release of the firearm, ammunition or parts thereof, machinery, tool or
instrument. Any violation of this paragraph shall be punishable by prision mayor in
its minimum period to prision mayor in its medium period.

SEC. 37. Confiscation and Forfeiture. - The imposition of penalty for any
violation of this Act shall carry with it the accessory penalty of confiscation and
forfeiture of the firearm, ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which shall be disposed of in accordance
with law.

SEC. 38. Liability for Planting Evidence. - The penalty of prision mayor in
its maximum period shall be imposed upon any person who shall willfully and
maliciously insert, place, and or attach, directly or indirectly, through any overt or
covert act, any firearm, or ammunition, or parts thereof in the person, house,
effects, or in the immediate vicinity of an innocent individual for the purpose of
implicating or incriminating the person, or imputing the commission of any violation
of the provisions of this Act to said individual. If the person found guilty under this

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paragraph is a public officer or employee, such person shall suffer the penalty of
reclusion perpetua.

SEC. 39. Grounds for Revocation, Cancellation or Suspension of
License or Permit. — The Chief, PNP or his authorized representative may
revoke, cancel or suspend a license or permit on the following grounds:

a. Commission of a crime or offense involving the firearm, ammunition, or
major parts thereof,

b. Conviction by a crime involving moral turpitude or any offense where the
penalty carries an imprisonment of more than six (6) years;

c. Loss of the firearm, ammunition, or any parts thereof through
negligence;

d. Carrying of the firearm, ammunition, or major parts thereof outside of
residence or workplace without the proper permit to carry the same;

e. Carrying of the firearm, ammunition, or major parts thereof in prohibited
places;

{. Dismissal for cause from the service in case of government official and
employee;

g. Commission of any of the acts penalized under Republic Act No. 9165
otherwise known as the Comprehensive Dangerous Drugs Act of 2002;

h. Submission of falsified documents or misrepresentation in the
application to obtain a license or permit;

i. Non-compliance of reportorial requirements; and

j. By virtue of a court order.

SEC. 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. - A
fine of Ten Thousand Pesos (P10,000.00) shall be imposed upon any licensed
firearm holder who fails to report to the FEO that the subject firearm has been lost
or stolen within a period of thirty (30) days from the date of discovery.

Likewise, a fine of Five Thousand Pesos (P5,000.00) shall be imposed
upon any person holding a valid firearm license who shail changes residence or

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office address other than indicated in the license card and fails within a period of
thirty (30) days from said transfer to notify the FEO of such change of address.

SEC. 41. Illegal Transfer/Registration of Firearms. — \t shall be unlawful
to transfer possession of any firearm to any person who has not yet obtained or
secured the necessary license or permit thereof.

The penalty of prision correccional shall be imposed upon any person who
shall violate the provision of the preceding paragraph. In addition, he or she shall
be disqualified to apply for a license to possess other firearms and all his or her
existing firearms licenses whether for purposes of commerce or possession, shall
be revoked. If government-issued firearms, ammunition or major parts of firearms
or light weapons are unlawfully disposed, sold or transferred by any law
enforcement agent or public officer to private individuals, the penalty of reclusion
temporal shall be imposed.

Any public officer or employee ot any person who shall facilitate the
registration of a firearm through fraud, deceit, misrepresentation or submission of
falsified documents shall suffer the penalty of prision correccional.

ARTICLE VI
FINAL PROVISIONS

SEC. 42. Firearms Repository. - The FED shall be the sole repository of
all firearms records to include imported and locally manufactured firearms and
ammunition. Within one (1) year upon approval of this Act, all military and law
enforcement agencies, government agencies, LGUs and GOCCs shall submit an
inventory of all their firearms and ammunition to the PNP.

SEC. 43. Final Amnesty. — Persons in possession of unregistered firearms
and holders of expired license or unregistered firearms shall register and renew
the same through the Final General Amnesty within six (6) months from the
promulgation of the implementing rules and regulations of this Act. During the
interim period of six (6) months, no person applying for license shall be charged of
any delinquent payment accruing to the firearm subject for registration. The

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Philippine National Police shall conduct an intensive nationwide campaign to
ensure that the general public is properly informed of the provisions of this Act.

SEC. 44. Implementing Rules and Regulations. — Within one hundred
twenty (120) days from the effectivity of this Act, the Chief of the Philippine
National Police, 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 national newspapers of
general circulation.

SEC. 45. Repealing Clause. - This Act repeals Sections 1, 2, 5, and 7 of
Presidential Decree No. 1866, as amended, and Section 6 of Republic Act 8294
and all other laws, executive orders, letters of instruction, issuances, circulars,
administrative orders, rules or regulations that are inconsistent therewith.

SEC 46. Separability Clause. — If 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.

SEC. 47. Effectivity. — This Act shall take effect after fifteen (15) days from
its publication in a newspaper of nationwide circulation,

Approved,

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