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Republic Act No. 8294


Law Penalizing Illegal Possession of Firearms
Persons Liable:
1. Any person who shall unlawfully manufacture, deal in, acquire,
dispose, or possess any low-powered firearm, part of firearm,
ammunition, or machinery, tool or instrument used or intended
to be
used in the manufacture of any firearm or ammunition; 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
paragraphs
or willfully or knowingly allow any of them to use unlicensed
firearms or firearms without any legal authority to be carried
outside
of their residence in the course of their employment;
2. Any person who shall carry any licensed firearm outside his
residence
without legal authority therefor;
3. Any person who shall unlawfully manufacture, assemble, deal in,
acquire, dispose or possess hand grenades, rifle grenades, and
other
explosives or other incendiary devices capable of producing

destructive effect on contiguous objects or causing injury or


death
to any person; Any person who shall unlawfully tamper, change,
deface or erase the serial number of any firearm and
4. Any person who shall unlawfully repack, alter or modify the
composition of any lawfully manufactured explosives.
Act

What is the crime

No other crime: Illegal possession only

Illegal possession

Other Crime except homicide or Murder

Crime Committed: Illegal possession is not a


separate
offense nor is it aggravating. Offender is
exonerated of Illegal possession

Murder or Homicide
Murder or Homicide with special aggravating
circumstance of illegal possession
Rebellion or Insurrection, Sedition, or Attempted
Coup d' etat

Rebellion or Insurrection, Sedition, or Attempted


Coup d' etat, Illegal possession is absorbed as an

element thereof
Unlicensed Firearms May Include
1. Firearms with expired license or
2. Unauthorized used of licensed firearm in the commission of the
crime
People vs. Ladjaalam - (2000) The language of RA 8294 effectively
exonerates the accused of illegal possession, an offense which
may carry a heavier penalty than the other crime
committed.Indeed, the accused may evade conviction for illegal
possession by committing a lighter offense like alarm and
scandal.However, the wisdom of RA 8294 is not subject to the
court's review.
2

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