Criminal possession of a weapon is the unlawful possession of a weapon by a citizen.

Many societies both past and present have placed restrictions on what forms of weaponry private
citizens (and to a lesser extent police) are allowed to purchase, own, and carry in public. Such
crimes are public order crimes and are considered mala prohibita, in that the possession of a
weapon in and of itself is not evil. Rather, the potential for use in acts of unlawful violence creates a
possible need to control them. Some restrictions are strict liability, whereas others require some
element of intent to use the weapon for an illegal purpose. Some regulations allow a citizen to obtain
a permit or other authorization to possess the weapon under certain circumstances. Lawful uses of
weapons by civilians commonly include hunting, sport, collection and self-preservation.
Contents
[hide]

1 Types

2 Strict liability vs. specific intent

3 Exceptions

4 Legislation by weapon type

5 See also

6 References

Types[edit]
Criminal possession of a weapon generally falls into one of several categories:

Simple possession - The strictest of standards, some weapons are prohibited from any
form of private ownership at all, even if kept in one's dwelling under secure conditions (such as a
safe). Typically this covers military devices, such as bombs, artillery, machine guns, nuclear
devices and chemical weapons. However, this may also include possession of otherwise-legal
weapons by a person who is prohibited by law or court-order from possessing them (reasons
include prior criminal convictions, conditions of probation or parole, and court-documented
mental illness).

Carry of a concealed weapon - A restriction on carrying of certain weapons on one's

person in such a manner that it is hidden from view of others. This can sometimes include
somewhere in the same vehicle or close to one's immediate surroundings where the weapon is
easily reachable.

Carry in plain sight - The opposite of concealed carry, some jurisdictions make it a crime to
carry certain weapons in plain view of others. Reasons may be to prevent intimidation or
menacing; to create a friendlier-looking population by removing visual symbols of violence; or to
intimidate/control a segment of the population known for the carry of certain weapons (such as
the samurai caste during the Meiji era).

Carry on or about the person - A combination of the above, this type of restriction makes it
illegal to carry the weapon at all, whether concealed or not. This may or may not include the
person's own land or place of business.

Strict liability vs. specific intent[edit]

All weapon possession crimes follow some standard of intent (mens rea), though this standard
varies.[1] The most common is "strict liability," meaning that there is no requirement of intent
whatsoever: Merely being caught by law enforcement with the weapon in question under the
circumstances described in the law (possession, concealed, or open) is a crime in and of itself, with
almost no possible defense other than proving the item is not an illegal weapon within the law's
definition. Some laws allow the accused a defense to the charge that the item in question was going
to be used for a specific set of lawful purposes, such as one's occupation (examples are sets of
knives carried by a line cook en route to his job, or tools carried by a construction worker or
craftsman). In this case, the burden of proof is often placed on the accused, requiring them to prove
their lawful intent in court.
Other laws require proof of specific intent to commit a criminal act by the accused, thereby placing
the burden on the state to produce evidence that the weapon was possessed with some unlawful
purpose (such as an attempted homicide, robbery, or assault). The circumstances under which law
enforcement discover the weapon often play a strong role in this.

Exceptions[edit]
Many laws about weapon possession contain exemptions for persons of specific occupations, or
allow for permission to be obtained from the government to lawfully possess the weapon.
Generally, military personnel actively carrying out their duties are exempt from nearly any restriction
other than internal policy and international treaties. However, they are often restricted from
possessing their issued weapons when they are not on duty.
Police often are allowed to lawfully possess certain weaponry above what the populace is allowed to
possess, though this varies by nation and jurisdiction. [2] In some nations police may take their
armaments home when off duty, while in others they are required to leave all (or some) of them in
storage at their station. Some jurisdictions have special paramilitary units (such as SWAT or AFO)

that carry machine guns, explosives or other military weapons, though the majority of the time these
must be stored at the unit's headquarters.[3]
For civilians, permits can sometimes be obtained to possess or carry certain weapons if that person
meets certain qualifications that show they can be trusted (such as safety training and lack of prior
criminal behavior) and/or have a specific need for the weapon, for example if the nature of their job
places them at high risk for assault or robbery. The most common in the United States is a permit to
carry a concealed handgun for purposes of self-defense. This permit often applies to both firearms
and other self-defense implements. In many states, no permit at all is needed to carry a nonconcealed firearm or other weapon. Other types of license can be obtained for collection and
exhibition purposes, such as under the National Firearms Act.[4] In the UK, a citizen can obtain
a firearms or shotgun certificate in order to legally purchase and own rifles or shotguns for the
purposes of sport and hunting.

Knife legislation is defined as the body of statutory law or case law promulgated or enacted by a
government or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal
manufacture, importation, sale, transfer, possession, transport, or use of knives.[1]
The carrying of knives in public is forbidden or restricted by law in many countries. Exceptions may
be made for hunting knives, pocket knives, and knives used for work-related purposes (chef's
knives, etc.), depending upon the laws of a given jurisdiction. In turn, the carrying or possessing of
certain type of knives perceived as deadly or offensive weapons such as automatic
or switchblade knives or butterfly knives may be restricted or prohibited. Even where knives may be
legally carried on the person generally, this right may not extend to all places and circumstances,
and knives of any description may be prohibited at airports, schools, public buildings or courthouses,
and at public events.

Restriction of Offensive Weapons Act 1959[edit]

The Restriction of Offensive Weapons Act 1959 (amended 1961) (ROWA), prohibits the importation,
sale, hire, lending, or gift of certain types of knives in England, Wales, and Scotland as of 13 June
1959[48][49] under Section 1:
(1) Any person who manufactures, sells or hires or offers for sale or hire, or exposes or has
in his possession for the purpose of sale or hire or lends or gives to any other person
(a) any knife which has a blade which opens automatically by hand pressure applied to a
button, spring or other device in or attached to the handle of the knife, sometimes known as
a flick knife or "flick gun"; or

(b) any knife which has a blade which is released from the handle or sheath thereof by the
force of gravity or the application of centrifugal force and which, when released, is locked in
place by means of a button, spring, lever, or other device, sometimes known as a gravity
knife,
shall be guilty of an offence [...][48][49]
Subsection 2 also makes it illegal to import knives of this type as of 13 June 1959. [48] The
above legislation criminalizes the conduct of the original owner or transferor of an automaticopening or gravity knife, not the new owner or transferee; in addition, the statute does not
criminalize possession of such knives other than possession for the purpose of sale or hire.
It is therefore not illegal per se to merely possess such a knife, though the difficulties of
acquiring one without violating the statute makes it (almost) impossible to obtain one without
either committing or abetting an offence.

Criminal Justice Act 1988[edit]

The Criminal Justice Act 1988 mainly relates to carrying knives in public places, Section 139
being the most important:
(1) Subject to subsections (4) and (5) below, any person who has an article to which this
section applies with him in a public place shall be guilty of an offence.
(2) Subject to subsection (3) below, this section applies to any article which has a blade or is
sharply pointed except a folding pocketknife.
(3) This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3
inches.
(4) It shall be a defence for a person charged with an offence under this section to prove that
he had good reason or lawful authority for having the article with him in a public place.
The definition of "public place" is unsettled, but can loosely be defined as
anywhere the public have a legitimate right to be whether this access is
paid for or not, which could include any populated area within the United
Kingdom, including one's motor vehicle, which is defined by law as a 'public
place' unless parked on private property. In a remote or otherwise
unpopulated area, a public place could include: 1) an organised wilderness
gathering or event; 2) a National Park; 3) Forestry Commission land that is
held open to the public; 4) public footpaths; 5) bridleways; and 6) any area
where an individual does not need to ask specific permission to walk, camp,
or travel from a landowner.[50]

The phrase "good reason or lawful authority" in Subsection 4 is intended to

allow for "common sense" possession of knives, so that it is legal to carry a
knife if there is a bona fidereason to do so. Subsection 5 gives some
specific examples of bona fide reasons: a knife for use at work (e.g. a chef's
knife), as part of a national costume (e.g. a sgian dubh for the Scottish
national costume), or for religious reasons (e.g. a Sikh Kirpan). However,
even these specific statutory exceptions have proven unavailing to knife
owners at times.[51]It is important to note that "good reason or lawful
authority" exceptions may be difficult to establish for those not using a knife
in the course of their trade or profession, but merely because the knife is
needed in case of emergency or for occasional utility use.[52][53][54]
Although English law insists that it is the responsibility of the prosecution to
provide evidence proving a crime has been committed, an individual must
provide evidence to prove that they had a "good reason or lawful authority"
for carrying a knife (if this is the case) upon being detained. While this may
appear to be a reversal of the usual burden of proof, technically the
prosecution has already proven the case (prima facie) by establishing that a
knife was being carried in a public place (see Violent Crime Reduction Act
2006 on Knives, etc.; New powers to tackle gun and knife crime)
As the burden of proving "good reason or lawful authority" lies with the
defendant, it is likely that an individual detained and searched by the police
will need to prove the following (sometimes known as the THIS list):
Has THIS person got permission; to use THIS article (knife); for THIS use;
on THIS land; and by THIS land owner.[50]
The special exception which exists in the Criminal Justice Act 1988 (Sec.
139) for folding knives (pocket knives) with blades less than 3 inches
(76mm) long, is another "common sense" measure accepting that some
small knives are carried for general utility; This exemption however only
applies to folding knives without a locking mechanism. The wording of the
Criminal Justice Act does not mention locking and so the definition of
"folding pocket knife" was settled through case law. In the Crown
Court appeal of Harris v. DPP(1992)[53] and the Court of Appeal case of R. v
Deegan (1998)[55] the ruling that 'folding' was intended to mean 'non-locking'
was upheld. As the only higher court in England and Wales to the Court of
Appeal is the Supreme Court, the only way the decision in R. v.

Deegan could be overturned is by a dissenting ruling by the Supreme Court

or by Act of Parliament.[56]
In Scotland, the Criminal Law (Consolidation) Act 1995 prevents the
carrying of 'offensive weapons', including knives and other articles with
blades or points in public places without lawful authority or reasonable
excuse.
Other relevant Scotland knife legislation includes the Criminal Justice Act
1988 (Offensive Weapons Act) (Scotland), Order 2005, which bans sword
canes, push daggers, butterfly (balisong knives), throwing stars, knives that
can defeat metal detectors, and knives disguised as other objects, and the
Police, Public Order and Criminal Justice (Scotland) Act 2006, which makes
it an offence to sell a knife, knife blade, or bladed or pointed object to a
person under eighteen years of age, unless the person is sixteen or older
and the knife or blade is "designed for domestic use." In 2007, the passage
of the Custodial Sentences and Weapons (Scotland) Act 2007 allowed
exemption from criminal liability under section 141 of the Criminal Justice
Act 1988 (Scotland) for selling a prohibited offensive weapon if the sale was
made for purposes of theatrical performances and of rehearsals for such
performances, the production of films (as defined in section 5B of the
Copyright, Designs and Patents Act 1988 (c. 48)), or the production of
television programmes (as defined in section 405(1) of the Communications
Act 2003 (c. 21)).

Offensive Weapons Act 1996[edit]

The Offensive Weapons Act 1996 covers the possession of knives within
school premises:
(1) Any person who has an article to which section 139 of this Act applies with him on school
premises shall be guilty of an offence.
(2) Any person who has an offensive weapon within the meaning of section 1 of the
M1 Prevention of Crime Act 1953 with him on school premises shall be guilty of an offence.
(3) It shall be a defence for a person charged with an offence under subsection (1) or (2)
above to prove that he had good reason or lawful authority for having the article or weapon
with him on the premises in question.
(4) (Subsection 4 gives the same specific exceptions as subsection 139(5) with the addition
of "for educational purposes". This would appear to imply that all legislation on knives in

public applies similarly to school premises, and therefore a folding pocket knife under 3
inches (76mm) in length would be considered legal.)
The Offensive Weapons Act 1996 imposes an age
restriction on the sale of knives:
(1) Any person who sells to a person under the age of sixteen years an article to which this
section applies shall be guilty of an offence [...]
(2) Subject to subsection (3) below, this section applies to
(a) any knife, knife blade or razor blade...[57]
In Scotland, the Violent Crime Reduction Act 2006
makes it an offence to sell knives to someone
under 18 years of age (including any blade, razor
blade, any bladed or pointed article, or any item
made or adapted for causing personal injury.)

Knives Act 2006[edit]

The Knives Act 2006 allows the sale and import of
fixed blade knife. Anyone caught with a fixed blade
knife in public can be fined up to 500 pounds
unless they have a valid reason, e.g. transporting
after the sale of a knife. Fixed blade knives are
legal to own and use on private property.[citation needed]

Prevention of Crime Act 1953[edit]

The Prevention of Crime Act 1953 prohibits the
possession in any public place of an offensive
weapon without lawful authority or reasonable
excuse.[58] The term "offensive weapon" is defined
as: "any article made or adapted for use to causing
injury to the person, or intended by the person
having it with him for such use".
Under the Prevention of Crime Act, otherwise
'exempt' knives carried for "good reason or lawful
authority" may be still deemed illegal if authorities

conclude the knife is being carried as an "offensive

weapon". In recent years, the Prevention of Crime
Act 1953 has been reinterpreted by police and
public prosecutors, who have persuaded the
courts to minimize exceptions to prosecution on
the grounds that the defendant had "lawful
authority or reasonable excuse" in order to apply
the Act to a wide variety of cases.[59] This new
approach now includes prosecution of citizens who
have admitted carrying a knife for the sole purpose
of self-defence (in the eyes of the law, this is
presently viewed as anadmission that the
defendant intends to use the knife as an "offensive
weapon", albeit in a defensive manner, and in
otherwise justifiable circumstances).[60] While the
onus lies on the officer to prove offensive intent,
UK prosecutors and courts have in the past taken
the appearance and the marketing of a particular
brand of knife into account when considering
whether an otherwise legal knife was being carried
as an offensive weapon. In addition, the Knives Act
1997 now prohibits the sale of combat knives and
restricts the marketing of knives as offensive
weapons. A knife which is marketed as "tactical",
"military", "special ops", etc. could therefore carry
an extra liability.

Custodial Sentences and

Weapons Act 2007[edit]
Further legislation in Scotland, known as the
Custodial Sentences and Weapons Act 2007, is
now in effect (certain parts of this Act came into
force on 10 September 2007). This legislation
amends the Civic Government (Scotland) Act 1982
and makes it compulsory to possess a local
authority license to sell knives, swords and blades
(other than those designed for 'domestic use'), or

to sell any sharply pointed or bladed object "which

is made or adapted for use for causing injury to the
person." Any dealer in non-domestic knives will be
required to hold a knife dealers licence.

Northern Ireland[edit]
The laws restricting knife ownership, use,
possession and sale are nearly identical to the
laws of Scotland and the rest of the UK, though
contained in different acts.[61] In 2008, in response
to a surge in public concern over knife-related
crimes, Northern Ireland doubled the prison
sentence for persons convicted of possessing a
knife deemed to be an offensive weapon in a
public place to four years' imprisonment, and
added an evidentiary presumption in favour of
prosecution for possession of a knife.[62]

United States of America[edit]

Federal laws[edit]
Under the Switchblade Knife Act of 1958
(amended 1986, codified at 15 U.S.C. 1241
1245), switchblades and ballistic knives are
banned from interstate shipment, sale, or
importation, or possession within the following: any
territory or possession of the United States, i.e.
land belonging to the U.S. federal government;
Indian lands (as defined in section 1151 of title 18);
and areas within the maritime or territorial
jurisdiction of the federal government, with the
exception of federal, state law enforcement
agencies and the military.[63] In addition, federal
laws may prohibit the possession or carrying of
any knife on certain federal properties such as
courthouses or military installations. U.S. federal
laws on switchblades do not apply to the

possession or sale of switchblade knives within a

state's boundaries; the latter is regulated by the
laws of that particular state, if any.
Occasional disputes over what constitutes
a switchblade knife under federal law has
occasionally resulted in U.S. Customs seizures of
knives from U.S. importers or manufacturers.[64][65] In
one case the seizure of a shipment of Columbia
River Knife and Tool company knives resulted in
an estimated US$1 million loss to the company
before the shipment was released.[66][67][68]
Amendment 1447 to the Switchblade Knife Act (15
U.S.C. 1244), signed into law as part of the
FY2010 Homeland Security Appropriations Bill on
October 28, 2009, provides that the Act shall not
apply to spring-assist or assisted-opening knives
(i.e. knives with closure-biased springs that require
physical force applied to the blade to assist in
opening the knife).[69]

State and local laws[edit]

Each American state also has laws that govern the
legality of carrying weapons, either concealed or
openly, and these laws explicitly or implicitly cover
various types of knives. Some states go beyond
this, and criminalize mere possession of certain
types of knives. Other states prohibit the
possession and/or the concealed carrying of
knives that feature blade styles or features
sufficient to transform them into "dangerous
weapons"[70][71] or "deadly weapons", i.e. knives
either optimized for lethality against humans or
designed for and readily capable of causing death
or serious bodily injury.[70][72] These frequently
include knives with specific blade styles with a
historical connection to violence or assassination,

including thrusting knives such as

the dirk, poignard, and stiletto, the bowie knife, and
double-edged knives with crossguards designed
for knife fighting such as thedagger.[70][73] Some
states make the carrying or possession of any
dangerous or deadly weapon with intent to
unlawfully harm another a crime.[70]
Historical Origin[edit]
The origin of many knife laws, particularly in the
southern states, comes from attempts by early
state legislatures to curtail the practice of knife
fighting and dueling with large knives such as the
bowie knife, which was commonly carried as an
item of personal defense prior to the invention of
the revolver.[74] In Alabama,[75] Mississippi,[76] New
Mexico,[77][78] Texas,[70] and Virginia,[70] the carrying on
one's person of large and lengthy fighting knives
capable of causing grievous wounds such as
the Bowie Knife[79] is prohibited by statute,[70]
[80]

originally in the interest of controlling or

eliminating the then-common practice of "dueling",

a term which had degenerated from a rarely used
social custom into a generalized description for
any knife or gun fight between two contestants. [73]
[81]

In many jurisdictions, a local tradition of using

knives to settle differences or for self-defense[73]

[82]

resulted in the enactment of statutes that

restricted the size and length of the knife and

particularly, the length of its blade.[73]
After the Civil War, many restrictions on knife and
even gun ownership were imposed by state,
county, and city laws and ordinances that were
clearly based on fear of weapon possession by
certain racial groups, particularly African-American
and Hispanic Americans.[83][84] In some states, socalled "Black Codes" adopted after the Civil War

required blacks to obtain a license before carrying

or possessing firearms or Bowie knives.[84] The
governments of Texas and other former states of
the Confederacy, many of which had recognized
the right to carry arms such as Bowie knives
openly before the Civil War,[85] passed new
restrictions on both gun and knife possession and
use.[84][86] In some cases, these laws were directed
at freed slaves and other minorities; in other
cases, by reconstruction legislatures anxious to
disarm rebellious militias and groups seeking to
disenfranchise African-American and other
minorities.[87] The April 12, 1871 law passed by the
Texas' Reconstruction legislature is typical, and is
the ancestor of the present law restricting knife
possession and use in Texas:
"Any person carrying on or about his person,
saddle, or in his saddle-bags, any pistol, dirk,
dagger, sling-shot, sword-cane, spear, brass
knuckles, bowie knife, or any other kind of knife,
manufactured or sold, for the purpose of offense or
defense, unless he has reasonable grounds for
fearing an unlawful attack on his person, and that
such ground of attack shall be immediate and
pressing; or unless having or carrying the same on
or about his person for the lawful defense of the
State, as a militiaman in actual service, or as a
peace officer or policeman, shall be guilty of a
misdemeanor..."[87]
While most gun restrictions were eventually
repealed, many knife laws remained in effect in the
South. In Texas, this was largely explained by the
presence of large numbers of Texans of Mexican
descent.[88] By 1870, Texas whites of the day had
almost universally and exclusively adopted the
revolver for self-defense, while Texans of Mexican

descent, steeped in the blade culture (el legado

Andaluz) of Mexico and Spain and generally
without the means to purchase handguns,
continued to carry knives.[84] Thus while local and
state Texas gun laws and ordinances were
gradually relaxed or eliminated during the late
1800s, the old prohibitions against bowie knives,
daggers, dirks, and other long-bladed knives
remained on the books, since they served to
disarm and control a minority group viewed as
engaging in lawless behaviors and violence
without legal justification.[83][88]
Interpreting current state laws[edit]
Many of today's state criminal codes restricting
knife use and ownership have been amended
repeatedly over the years rather than rewritten to
remove old classifications and definitions that are
largely a historical legacy, a process that frequently
results in illogical, confusing, and even conflicting
provisions. Thus in Arkansas, a state in which knife
fights using large, lengthy blades such as the
Bowie and Arkansas Toothpick were once
commonplace,[73][89] a state statute made it illegal for
someone to "carry a knife as a weapon",
[90]

specifying that any knife with a blade 3.5 inches

or longer constituted prima facie evidence that the

knife was being carried as a weapon, yet allowed a
complete exemption to the law when "upon a
journey".[91]
While Arkansas eventually repealed its archaic
criminal knife possession law in its entirety,[92] other
states still periodically amend archaic criminal
codes that penalize both historic and present-day
behavior involving knife use and ownership; these
patchwork statutes can result in lengthy legal
disputes over legislative intent and definitions.[93]

[94]

As one example, Indiana law makes it illegal to

possess a 'dagger', 'dirk', 'poniard', 'stiletto',

'switchblade', or 'gravity knife' on school property,
or to possess any knife on school property
"capable of being used to inflict cutting, stabbing,
or tearing wounds" if that knife "is intended to be
used as a weapon", but provides for a criminal
penalty only if a person "recklessly, knowingly, or
intentionally" possesses such a knife on school
property.[95] The statute thus requires 1) an
examination of the knife and the legislative history
of the statute; 2) expert testimony on the individual
characteristics of historic knife designs to
determine whether the knife in question fits within
one of the six specified categories of knife; 3) a
determination as to whether the blade can cause a
"cutting, stabbing, or tearing wound"; 4) a
determination as to what degree of injury
constitutes a "wound", and 5) two separate
determinations of the defendant's intent by the fact
finder before guilt or innocence may be
adjudged.[96]
Some states prohibit the possession of a folding
knife with a quick-opening mechanism such as
a gravity knife, butterfly knife, balisong,
or switchblade.[70] Other states may impose no
restrictions at all,[97] while many allow possession
with some restrictions (age, carrying on one's
person, carrying concealed, carrying while a
convicted felon, prohibited possessor, or while in
the commission of a serious offense, etc.)[70]
The continual advent of new knife designs, such
as assisted-opening knives can complicate issues
of legality, particularly when state laws have not
been carefully drafted to clearly define the new
design and how it is to be classified within existing

law. This omission has led in the past to cases in

which state courts have substituted their own
understanding of knife design to interpret
legislative intent when applying statutes
criminalizing certain types of knives.[70][98]
In 2014, attention was brought by many
newspapers and media outlets to 1950s era
legislation leading to many arrests and convictions
for possession of the loosely definedgravity knife.[99]

City, County, and local laws[edit]

City, county, and local jurisdictions (to include
sovereign Indian nations located within a state
boundary) may enact their own criminal laws or
ordinances in addition to the restrictions contained
in state laws, which may be more restrictive than
state law.[70] Virtually all states and local
jurisdictions have laws that restrict or prohibit the
possession or carrying of knives in some form or
manner in certain defined areas or places such as
schools, public buildings, courthouses, police
stations, jails, power plant facilities, airports, or
public events.[70]
Local or city ordinances are sometimes drafted to
include specific classes of people not covered by
the state criminal codes, such as individuals
carrying folding knives with locking blades
primarily for use as weapons.[70] For example,
a San Antonio, Texas city ordinance makes it
unlawful for anyone to knowingly carry within city
limits "on or about his person" any folding knife
with a blade less than 5.5 inches long with a lock
mechanism that locks the blade upon opening.
[70]

This ordinance is designed to work in tandem

with the Texas state statute[100] making illegal the

carrying of knives with blades longer than 5.5

inches.[101] The San Antonio ordinance allows police

to charge persons carrying most types of lock
blade knives without good cause with a criminal
misdemeanor violation, allowing police to remove
the knife from the possession of the offender, while
providing exemptions from the ordinance designed
to protect certain classes of people the city
assumes to pose no threat to public order.
[102]

Occasionally, city and county ordinances

conflict with state law. In one example, the city

of Portland, Oregon initially passed a city
ordinance banning all pocket knives,[citation needed] until
the measure was overturned by the Oregon
Supreme Court as conflicting with state criminal
statutes.
A Butterfly Knife, also known as a Fan Knife and in the Philippines as the Balisong, is a
folding pocket knife with two handles counter-rotating around the tang such that, when closed, the
blade is concealed within grooves in the handles. It is sometimes called a Batangas knife, after the
Tagalog province of Batangas in the Philippines, where it is traditionally made. Blunt versions are
made of these knives are for sale to practice tricks with them.
The balisong was commonly used by Filipino people, especially those in the Tagalog region, as a
self-defense and pocket utility knife. A common stereotype is that a Batangueo carries one
everywhere he or she goes.[1] Hollow-ground balisongs were also used as straight razors before
conventional razors were available in the Philippines. In the hands of a trained user, the knife blade
can be brought to bear quickly using one hand. Manipulations, called "flipping" or "fanning", are
performed for art or amusement.
The knife is now illegal or restricted in many countries, often under the same laws and for the same
reasons that switchblades are restricted, and in their country of origin they are no longer as common
in urban areas as they were.

In the Philippines, it is now generally illegal to carry one without identification or a proper
permit in the streets of the capital because of their prevalent use in crimes and altercations. One
now needs to demonstrate the need in professional livelihood or utilitarian purpose (such as
cutting grass, preparing fruits and meats, being a vendor of knives, being martial arts instructors,
etc.) to be able walk around with bladed implements in the urban areas. Another rule of thumb is
that the blade of pocket knives must not exceed the length of the palm and must not be

openable by one hand in order to be considered as a utility knife as opposed to a weapon

(thus, Swiss Army Knives are legal).

In Australia, balisongs are generally classified as a prohibited weapon, which requires a

special legitimate excuse to possess it. Australian Legal Definition: A flick knife (or other similar
device) that has a blade which opens automatically by gravity or centrifugal force or by any
pressure applied to a button, spring or device in or attached to the handle of the knife.

5 THINGS PEOPLE SHOULD KNOW ABOUT THE NEW FIREARMS LAW

By: Lou Bryan R. Macabodbod

President Benigno Aquino recently signed into law Republic Act No. 10591 or the Comprehensive
Firearms and Ammunitions Regulation Act (CFARA). Congress ostensibly passed the CFARA to maintain
peace and order and protect the people from violence while recognizing the right of qualified Filipinos to
self-defense with the use of firearms. The law provides for stricter qualifications and requirements on
securing a gun license and stiffer penalties for those adjudged to be in violation of the law relating to
illegal possession of firearms.
Among the important featu res of CFARA are:

A license to own a firearm may be issued to a Filipino citizen who is at least 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 or
business. A firearm license applicant must also be certified to have (a) no prior conviction of any crime involving
moral turpitude; (b) passed a psychiatric test administered by a Philippine National Police (PNP)-accredited
psychiatrist or psychologist; (c) passed a drug test conducted by an accredited drug testing laboratory or clinic; (d)
undergone a gun safety seminar conducted by the PNP or any accredited gun club; (e) filed a written application to
possess a registered firearm stating personal circumstances; (f) secured a police clearance; (g) no prior conviction
or pending criminal case for a crime punishable with a penalty of more than two years; (h) paid the reasonable
1 licensing fees; and (i) a duty detail order, if the firearm is owned by a juridical entity.
.
The approval of the license of gun ownership or possession does not automatically mean that the licensee can carry
it outside his home. A permit to carry may be issued by the PNP to any qualified person whose lives may be in
imminent danger due to the nature of their profession, occupation or business. CFARA enumerates the following
professionals falling in this category: (a) members of the Philippine Bar; (b) Certified Public Accountants; (c)
accredited media practitioners; (d) cashiers and bank tellers; (e) priests, ministers, rabbi, imams; (f) physicians
2 and nurses; (g) engineers; and (h) businessmen who are potential targets of criminal elements.
.
Only small arms such as handguns, rifles and shotguns may be registered for ownership, possession and concealed
carry. Heavier firearms classified as light weapons by the law shall be lawfully acquired or possessed exclusively by
3 the Armed Forces of the Philippines, the PNP and other law enforcement agencies authorized by the President in
. the performance of their duties.
Different types of licenses depending on the number of firearms and ammunition that the applicant intends to
possess or own may be issued. However, all of these types of firearms are required to be maintained in a vault or
any other security measure for safekeeping. All types of licenses to possess a firearm shall be renewed every two (2)
4 years. The registration of the firearm shall be renewed every four (4) years.
.
CFARA imposed stiffer penalties on violators compared to Presidential Decree No. 1866, the old firearms law
promulgated during the Marcos administration. For example, the penalty for illegal possession of firearm is
increased from imprisonment of up to six (6) years to twelve (12) years. Moreover, the penalty for any person who
is licensed to own a firearm but who shall carry the registered firearm outside his/her residence without authority
5 had been increased from imprisonment of up to six (6) months to six (6) years.
.

The Chief of the PNP had been directed to come up with the implementing rules and regulations of
the CFARA within 120 days from effectivity of the new law.

(June 11, 2013)

NEWFIREARMSLAW(REPUBLICACT10591)

Republic Act No. 10591, an Act Providing for a Comprehensive

Law on Firearms and Ammunition and Providing Penalties for
Violations thereof was signed into law on May 29, 2013.

Among the salient features of the new firearms law is its repeal of
the sweeping no other crime clause under the Sec.1 of P.D.
1866 as amended by R.A. 8294. A person is not liable for violation
of the old firearms law, (say, illegal possession of firearm) if he
also committed another crime (like violation of COMELEC gun ban
or even a lighter offense of Alarms and Scandals under the
Revised Penal Code). Prior conviction in the other crime
committed will obliterate ones otherwise separate liability under
the firearms law. In the old law, what is punished is the other
crime regardless if the use or possession of firearms is inherent
or necessary in the commission of that other crime.
Under the new law, the rules are different. The penalty for
violation of the new firearms law, particularly the use of loose
firearms (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) is
not imposed only when the use of loose firearms is inherent in
the commission of the other crime. In such case, the use or
possession of loose firearms is merely considered as an
aggravating circumstance. Otherwise, the use or possession of
loose firearms and violation of other penal law shall be treated as
distinct crimes and will thus be punished separately. The new law
expressly
provides
that if
the
crime
is
committed
without using the loose firearm, the violation of this Act [RA No.
10591] shall be considered as a distinct and separate offense.
The new law further provides 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 for illegal possession
of firearm, the penalty for illegal possession of firearm shall be
imposed IN LIEU OF the penalty for the other crime charged. 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. (Please refer to Section 29 of RA
10591)
- See more at: http://philjurislaw.blogspot.com/2013/06/new-firearms-law-ra10591.html#sthash.8IiA1DxS.dpuf

[REPUBLIC ACT NO. 10591]

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 I
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 use 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 refer to parts of a firearm which may enhance or increase the
operational efficiency or accuracy of a firearm but will not constitute any of the major or
minor internal parts thereof such as, hut not limited to, laser scope, telescopic sight and
sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder,
cartridge case and primer or loaded shell for use in any firearm.
(c) Antique firearm refers to any: (1) firearm which was manufactured at least seventyfive (75) years prior to the current date but not including replicas; (2) firearm which is
certified by the National Museum of the Philippines to be curio or relic of museum
interest; and (3) any other firearm which derives a substantial part of its monetary value
from the fact that it is novel, rare, bizarre or because of its 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.
(f) Authorized dealer refers to any person, legal entity, corporation, partnership or
business entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP to
engage in the business of buying and selling ammunition, firearms or parte thereof, at
wholesale or retail basis.
(g) Authorized importer refers to any person, legal entity, corporation, partnership or
business duly licensed by the FEO of the PNP 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.
(h) Authorized manufacturer refers to any person, legal entity, corporation, or
partnership duly licensed by the FEO of the PNP to engage in the business of
manufacturing firearms, and ammunition or parts thereof for purposes of sale or
distribution.
(i) Confiscated firearm refers to a firearm that is taken into custody by the 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 the PEO of the PNP.
(j) Demilitarized firearm refers to a firearm deliberately made incapable 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.
(l) 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 FEO of the PNP of firearms

considered as abandoned, surrendered, confiscated or revoked in compliance with

existing rules and regulations.
(o) Gun club refers to an organization duly registered with and accredited in good
standing by the FEO of the PNP 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 sports and shooting competition, self-defense and
collection purposes.
(p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly
licensed by the FEO of the PNP 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.
(r) 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 (LGUs) 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, submachine guns, assault rifles and light machine guns not exceeding
caliber 7.62MM which have fully automatic mode; and Class-B Light weapons which
refer to weapons designed for use by two (2) or more persons serving as a crew, or
rifles and machine 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 100MM.
(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 provider 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 carry firearm outside of residence refers to a written authority issued to a
licensed citizen by the Chief of the PNP which entitles such person to carry his/her
registered or lawfully issued firearm outside of the residence for the duration and
purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority issued to a licensed citizen or
entity by the Chief of the PNP or by a PNP Regional Director which entitles such person
or entity to transport a 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/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 sports 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 FEO of the PNP.
(cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP
for a government official or employee who was issued by his/her 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 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 of the PNP.
(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.
(gg) Thermal weapon sight refers to a battery operated, uncooled 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 II
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:
(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 regulations of this Act.
An applicant who intends to possess a firearm owned by a juridical entity shall submit
his/her duty detail order to the FEO of the PNP.
SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity. A juridical
person maintaining its own security 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 (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial requirements to the SEC; 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 officers mentioned below as duly authorized in a board resolution

to that effect: Provided, That the officer applying for the juridical entity, shall possess all
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 LGUs shall be included in this category of licensed holders but
shall be subject to additional requirements as may be required by the Chief of the PNP.
SEC. 6. Ownership of Firearms by the National Government. All firearms owned by the
National Government shall be registered with the FEO of the PNP in the name of the
Republic of the Philippines. Such registration shall be exempt from all duties 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 FEO of the PNP.
SEC. 7. Carrying of Firearms Outside of Residence or Place of Business. A permit to
carry firearms outside of residence shall be issued by the Chief of the PNP or his/her
duly authorized representative to any qualified person whose life is under actual threat
or his/her life is in imminent danger due to the nature of his/her profession, occupation
or business.
It shall be the burden of the applicant to prove that his/her 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 in 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 of the PNP, through the FEO of the
PNP, 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 of the 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;
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 AFP, the
PNP 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, for the sole reason that these firearms are Class A light weapons, 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 of the PNP 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 of the PNP in accordance with the type of
license issued to any person under Section 9 of this Act.
SEC. 12. License to Possess Ammunition Necessarily Included. The licenses granted
to qualified citizens or juridical entities as provided in Section 9 of this Act shall include
the license to possess ammunition with a maximum of fifty (50) rounds for each
registered firearm: Provided; That the FEO of the PNP may allow more ammunition to
be possessed by licensed sports shooters.
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 the Interior and Local Government (DILG) in the
case of an application for a license to manufacture; and
(b) The Chief of the 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 firms, 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 of the PNP.
The Secretary of the DILG or the Chief of the PNP may approve or disapprove such
application based on the prescribed guidelines. In the case of approval, the Secretary of
the DILG or the Chief of the PNP 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 the DILG or the Chief of the PNP as the case may be, the same shall be
transmitted to the FEO of the PNP which shall issue the license in accordance with the
approved terms and 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 Ammunition. 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 the DILG 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.
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 procedures; and

(b) For imported firearms and major parts thereof, the registration shall be done upon
arrival at the FEO of the PNP 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 shall be issued by the Chief of the 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, i.e. pins, triggers,
trigger bows, sights and the like only for the purpose of repairing the registered firearm.
The license for gunsmiths shall be issued by the Chief of the PNP.
SEC. 18. Firearms for Use in Sports and Competitions. A qualified individual shall
apply for a permit to transport his/her registered firearm/s from his/her residence to the
firing range/s and competition sites as may be warranted.
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 of the PNP, within six (6) months before the
date of the expiration of such license or registration.

SEC. 20. Inspection and Inventory. The Chief of the PNP or his/her authorized
representative shall require the submission of reports, inspect or examine the inventory
and records of a licensed manufacturer, dealer or importer of firearms and ammunition
during reasonable hours.
ARTICLE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED,
DEMILITARIZED AND ANTIQUE FIREARMS
SEC. 21. Acquisition or Purchase and Sale of Firearms and Ammunition. Firearms
and ammunition may only be acquired or purchased from authorized dealers, importers
or local manufacturers and may be transferred or sold only from a licensed citizen or
licensed

juridical

entity

to

another

licensed

citizen

or

licensed

juridical

entity: Provided, That, during election periods, the sale and registration of firearms and
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.
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/her
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 shall deposit the same upon written receipt with the Collector of Customs
for delivery to the FEO of the PNP for safekeeping, or for the issuance of a permit to
transport if the person is a competitor in a sports 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 FEO of the PNP 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 FEO of the PNP, 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 sports
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 FEO of the PNP, or any Police Regional Office for safekeeping.
Reasonable fees for storage shall be imposed.
SEC. 25. Abandoned Firearms and Ammunition. Any firearm or ammunition deposited
in the custody of the FEO of the PNP pursuant to the provisions of this Act, shall be
deemed to have been abandoned by the owner or his/her authorized representative if
he/she failed to reclaim the same within five (5) years or failed to advise the FEO of the
PNP of the disposition to be made thereof. Thereafter, the FEO of the PNP 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/her 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 of the PNP or Police Regional
Office, and such firearm 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 six (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 collectors license from the FEO of the PNP. Proper
storage of antique firearm shall be strictly imposed. Noncompliance 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 and 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;
(b) The penalty of reclusion temporal to reclusion 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:
(1) 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 capable of firing full automatic bursts.
(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;
(i) 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
acquisition 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 of insurrection, or attemptedcoup d etat, such violation 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/her residence without any legal authority therefor.
SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or
Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be
Used in the Manufacture of Firearms, 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 business,
employment or activity does not lawfully deal with the possession of such article, shall
beprima facie evidence that such article is intended to be used in the unlawful or illegal
manufacture of firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision 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 ammunition. 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 reclusion 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 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 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 of the PNP or his/her 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, of major parts
thereof;
(b) Conviction of 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;
(f) 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) Noncompliance 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 of the PNP 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 changes residence or office address other than that
indicated in the license card and fails within a period of thirty (30) days from said
transfer to notify the FEO of the PNP of such change of address.

SEC. 41. Illegal Transfer/Registration of Firearms. It 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/she shall be disqualified to
apply for a license to possess other firearms and all his/her existing firearms licenses
whether for purposes of commerce or possession, shall be revoked. If governmentissued 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 or 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 FEO of the PNP 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 government-owned or -controlled corporations 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 PNP 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 PNP, after public hearings and
consultation with concerned sectors of society shall formulate the necessary rules and
regulations for the effective implementation of this Act to be published in at least two (2)
national newspapers of general circulation.
SEC. 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 No. 8294 and all other
laws, executive orders, letters of instruction, issuances, circulars, administrative orders,
rules or regulations that are inconsistent herewith.
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.
After parts I and 2 of the IRR (Implementing Rules & Regulations) of RA (Republic Act) 10591,
theComprehensive Firearms and Ammunition Regulation Act or quite simply for us the new gun
law, our readers should have a fairly good grasp of what provisions from the old have been rendered
obsolete and irrelevant, and what new provisions in the law have been enacted to make RA 10591 more
comprehensive, more pre-emptive than reactionary and more responsive to the current situation in the
country. And the penalties are stiffer to boot.
In the past, for instance, the old law required Philippine citizens who would be out of the country for six
months or more to go to the police station nearest them and deposit their licensed and registered firearms
for safekeeping. With the new law, safekeeping of your firearms is a necessary part of your responsibility
as a gun owner. Those with multiple guns are advised to have their own gun vaults, especially (but not
limited to) those with 10 or more firearms in their possession. If a minor, for instance, in our household
gains access to such loose guns at home and figures in any incident involving these firearms, the parent
who owns the gun could be liable for a criminal offense. All it takes is one loose firearm for such
accidents, and we have read about countless incidents like this in the newspapers, so even with just one
such gun in the household, keep it safe and secure. There are no specifications for these vaults in the
new gun law, but keeping them safely under lock and key, under the strictest security, would suffice as
compliance for now.

For firearms or even ammunition placed in the custody of the FEO (Firearms & Explosives Office), the
PNP may rightfully deem these as abandoned if not claimed within five years, or if the owner fails to
advise the FEO of the disposition of such firearm/ammunition.
To recap: All types of licenses to possess a firearm shall be renewed every two years, the
registration of the firearm shall be renewed every four years, according to the IRR. In the past,
when the registration of a firearm expired for months or even years, it was sufficient to just pay the arrears
at the FEO and then re-register it. Under the new law, when the registration expires, it becomes illegal per
se the day after the deadline. The owner may be charged for illegal possession of firearms for such
expired registration, so the safe option would be to surrender such firearms. Failure to renew the
registration of a firearm on or before the date of expiration shall cause the revocation of the
license of the firearm, and 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 prescribed
period would mean disqualification from applying for any firearm license. The application for the
renewal of the license or registration may be submitted to the FEO of the PNP within six months
before the date of the expiration of such license or registration, the IRR specifically mentions.
One of the most frequently asked questions also refers to firearms of deceased kin. The nearest relative
is duty-bound to surrender the firearm(s) to the FEO within six months after the death or even the
disability of the licensee or face the penalty for illegal possession of the firearm. The possessor may apply
for a license and registration while the firearm is under police custody.
In a recent forum initiated by the A2S5 Coalition after the IRR was released where Gen. Louie
Oppusalong with Gen. Vargas answered several questions pertinent to the new gun law, the PNP
officials clarified that a guns barrel, slide and receiver are considered firearms, hence these have to be
registered as well. An extra barrel is likewise considered a firearm, and even a replacement barrels serial
number has to be registered.

Business ( Article MRec ), pagematch: 1, sectionmatch: 1

Tampering or altering 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 them without
authority is likewise illegal, as these are essential in forensic examinations.
Some of you may own reloading machines under the new law, only juridical entities are now allowed to
own these reloading machines, so beware.
The PNP chief may revoke, cancel or suspend a license or permit to carry if:
1. The firearm/ammunition or any major part of it is involved in a crime or offense and if the owner gets
convicted for a crime involving moral turpitude where the penalty is imprisonment of more than six years.
2. The firearm/ammunition or major parts of these are lost through negligence or these are carried outside
of residence or workplace without a PTC, or brought to prohibited places.

3. If licensed owner is a government official or employee dismissed for cause from the service.
4. If licensed owner commits acts against the Comprehensive Dangerous Acts of 2002.
5. If applicant for license or permit submits falsified or misrepresented documents.
6. If gun owner does not comply with reportorial requirements.
7. And lastly, by virtue of a court order.
In case of loss, the owner is duty-bound to report the loss of a registered firearm within 30 days to the
FEO, or pay a fine of P10,000. Also, for licensed firearm holders, failure to notify the FEO of your change
of address within 30 days of your transfer would also mean a fine of P5,000.
The law may be harsh, but it is the law, or so we are often told. Recognizing that many of our citizens may
be in for a shock with the stringent provisions in the new gun law, the Final General Amnesty is your
fallback and this is scheduled within six months from the promulgation of the IRR. In the interim, no
person applying for a license shall be charged of any delinquent payment accruing to the firearm
subject for registration. The PNP shall conduct an intensive nationwide campaign to ensure that
the general public is properly informed of the provisions of this Act. Watch out for the rules and
regulations for the effective implementation of this Act in at least two national newspapers within 120 days
from the effectivity of this Act formulated by the chief of the PNP.
This concludes our three-part series on the new gun law. We hope we, in our small way, have contributed
our share in promoting responsible gun ownership.
Mabuhay!!! Be proud to be a Filipino.

Erring gun owners and holders of unlicensed firearms, beware.

The Philippine National Police (PNP) signed on Monday, the Implementing Rules and
Regulations (IRR) of a new measure, which imposes stiffer penalties for illegal
possession of firearms.
PNP Director General Alan Purisima approved the IRR of Republic Act 10591, or the
Comprehensive Law on Firearms and Ammunition and Providing Penalties for
Violations.
This is not just to standardize the regulation of firearms, but will also help us to
intensify our campaign in curbing gun-related crimes and establish effective firearms
control, Purisima said after signing the IRR.
Besides introducing harsher penalties, the PNP chief said the new law would lead to
a better understanding of the qualifications to legally possess a firearm.

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guns-may-land-you-in-jail-for-30-years#ixzz3fqPVVYkS
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He said the PNP conducted dialogues with concerned sectors before approving the
new rules and regulations on gun ownership to ensure that it would be crafted fairly
and with transparency.
The consultation of the PNP with the stakeholders was conducted to support the
creation of IRR based on the suggestions and recommendations of the public who are
directly affected by the law, Purisima said.
Director Gil Meneses, chief of the Civil Security Group, expressed confidence that
involving stakeholders in developing the IRR would help the police enforce the law
properly.
Under the new law, individuals who are found guilty of keeping unlicensed guns
could face at least 30 years imprisonment.
It also set stricter standards for owning firearms and obtaining a license to possess a
gun.
RA 10591 stated that gun holders should be a Filipino citizen who has not been
convicted of a crime, at least 21 years old and a taxpayer.
It said gun owners, including juridical entities, are allowed to buy and keep only small
firearms.

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Firerarm and ammunition regulation act;

penalty clause - Republic Act No. 10591 |
Official Gazette of the Republic of the
Philippines
see - Republic Act No. 10591 | Official Gazette of the Republic of the Philippines

PENALTY CLAUSE of the 2013 COMPREHENSIVE FIREARM AND AMMUNITION REGULATION ACT.

"x x x.

ARTICLE V
PENAL PROVISIONS
SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. The unlawful
acquisition, possession of firearms and 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;
(b) The penalty of reclusion temporal to reclusion 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:
(1) 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 capable of firing full automatic bursts.
(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;

(i) 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 acquisition 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 ofprision 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 of insurrection, or attempted coup d etat, such violation 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/her residence
without any legal authority therefor.

SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts
Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms,
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 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 unlawful or illegal manufacture of firearms, ammunition or parts thereof.
The penalty of prision mayor in its minimum period to prision 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
ammunition. 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 reclusion 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 toprision 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 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 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 of
the PNP or his/her 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, of major parts thereof;
(b) Conviction of 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;
(f) 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) Noncompliance 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 of the
PNP 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 changes residence or office address other than that indicated in the license
card and fails within a period of thirty (30) days from said transfer to notify the FEO of the PNP of
such change of address.
SEC. 41. Illegal Transfer/Registration of Firearms. It 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/she shall be disqualified to apply for a license to possess
other firearms and all his/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 or 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.