Professional Documents
Culture Documents
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g) Firearm refers to any handheld or (2) Class-B Light weapons which
portable weapon, whether a small arm refer to weapons designed for
or light weapon, that expels or is use by two (2) or more persons
designed to expel a bullet, shot, slug, serving as a crew, or rifles and
missile or any projectile, which is machine guns exceeding caliber
discharged by means of expansive 7.62MM such as heavy machine
force of gases from burning guns, handheld underbarrel and
gunpowder or other form of mounted grenade launchers,
combustion or any similar instrument portable anti-aircraft guns,
or implement. For purposes of this Act, portable anti-tank guns,
the barrel, frame or receiver is recoilless rifles, portable
considered a firearm. launchers of anti-tank missile
h) Forfeited firearm refers to a firearm and rocket systems, portable
that is subject to forfeiture by reason launchers of anti-aircraft missile
of court order as accessory penalty or systems, and mortars of a
for the disposition by the FEO of the caliber of less than 100MM.
PNP of firearms considered as
m) Loose firearm refers to an unregistered
abandoned, surrendered, confiscated
firearm, an obliterated or altered
or revoked in compliance with existing
firearm, firearm which has been lost or
rules and regulations.
stolen, illegally manufactured firearms,
i) Imitation firearm refers to a replica of
registered firearms in the possession
a firearm, or other device that is so
of an individual other than the
substantially similar in coloration and
licensee and those with revoked
overall appearance to an existing
licenses in accordance with the rules
firearm as to lead a reasonable person
and regulations.
to believe that such imitation firearm
n) Major part or components of a
is a real firearm.
firearm refers to the barrel, slide,
j) Licensed citizen refers to any Filipino
frame, receiver, cylinder or the bolt
who complies with the qualifications
assembly. The term also includes any
set forth in this Act and duly issued
part or kit designed and intended for
with a license to possess or to carry
use in converting a semi-automatic
firearms outside of the residence in
burst to a full automatic firearm.
accordance with this Act.
o) Minor parts of a firearm refers to the
k) Licensed, juridical entity refers to
parts of the firearm other than the
corporations, organizations,
major parts which are necessary to
businesses including security agencies
effect and complete the action of
and local government units (LGUs)
expelling a projectile by way of
which are licensed to own and possess
combustion, except those classified as
firearms in accordance with this Act.
accessories.
l) Light weapons are:
p) Permit to carry firearm outside of
(1) Class-A Light weapons which residence refers to a written authority
refer to self-loading pistols, issued to a licensed citizen by the Chief
rifles and carbines, submachine of the PNP which entitles such person
guns, assault rifles and light to carry his/her registered for lawfully
machine guns not exceeding issued firearm outside of the residence
caliber 7.62MM which have for the duration and purpose specified
fully automatic mode; and in the authority.
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q) Permit to transport firearm refers to a or ballistics characteristics have been
written authority issued to a licensed intentionally tampered with,
citizen or entity by the Chief of the PNP obliterated or altered without
or by a PNP Regional Director which authority or in order to conceal its
entitles such person or entity to source, identity or ownership.
transport a particular firearm from and t) Thermal weapon sight refers to a
to a specific location within the battery operated, uncooled thermal
duration and purpose in the authority. imaging device which amplifies
r) Small arms refer to firearms intended available thermal signatures so that
to be or primarily designed for the viewed scene becomes clear to the
individual use or that which is generally operator which is used to locate and
considered to mean a weapon intended engage targets during daylight and
to be fired from the hand or shoulder, from low light to total darkness and
which are not capable of fully operates in adverse conditions such as
automatic bursts of discharge, such as: light rain, light snow, and dry smoke or
(1) Handgun which is a firearm in conjunction with other optical and
intended to be fired from the red dot sights.
hand, which includes:
(i) A pistol which is a hand-
What are the standards and requisites for
operated firearm having
issuance of and obtaining a license to own and
a chamber integral with
possess firearms?
or permanently aligned
with the bore which may 1. the applicant must be a Filipino
be self-loading; and citizen,
(ii) Revolver which is a
2. at least twenty-one (21) years old
hand-operated firearm
and
with a revolving cylinder
containing chambers for 3. has gainful work, occupation or
individual cartridges. business or has filed an Income Tax
(2) Rifle which is a shoulder firearm Return (ITR) for the preceding year
or designed to be fired from the as proof of income, profession,
shoulder that can discharge a business or occupation.
bullet through a rifled barrel by
different actions of loading, In addition, the applicant shall submit
which may be classified as the following certification issued by
lever, bolt, or self-loading; and appropriate authorities attesting the
(3) Shotgun which is a weapon following:
designed, made and intended a) The applicant has not been
to fire a number of ball shots or convicted of any crime
a single projectile through a involving moral turpitude;
smooth bore by the action or b) The applicant has passed the
energy from burning psychiatric test administered by
gunpowder. a PNP-accredited psychologist
or psychiatrist;
s) Tampered, obliterated or altered c) The applicant has passed the
firearm refers to any firearm whose drug test conducted by an
serial number or other identification
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accredited and authorized drug WHO SHALL ISSUE THE PERMIT TO CARRY
testing laboratory or clinic; FIREARMS OUTSIDE OF RESIDENCE OR PLACE
d) The applicant has passed a gun OF BUSINESS?
safety seminar which is
by the Chief of the PNP or
administered by the PNP or a
registered and authorized gun his/her duly authorized representative
club;
e) The applicant has filed in
writing the application TO WHOM SHALL SUCH PERMIT BE ISSUED?
topossess a registered firearm
which shall state the personal to any qualified person whose life is
circumstances of the applicant; under actual threat or his/her life is in
f) The applicant must present a imminent danger due to the nature of
police clearance from the city his/her profession, occupation or
or municipality police office; business.
and
g) The applicant has not been WHO ARE THOSE PROFESSIONALS THAT ARE
convicted or is currently an CONSIDERED TO BE IN IMMINENT DANGER
accused in a pending criminal DUE TO THE NATURE OF THEIR PROFESSION,
case before any court of law for OCCUPATION OR BUSINESS?
a crime that is punishable with
a penalty of more than two (2) a) Members of the Philippine Bar;
years. b) Certified Public Accountants;
c) Accredited Media Practitioners;
d) Cashiers, Bank Tellers;
Requirements for ownership of firearms and e) Priests, Ministers, Rabbi, Imams;
ammunition f) Physicians and Nurses;
g) Engineers; and
A. By Judicial Entity h) Businessmen, who by the nature of
their business or undertaking, are
a) It must be Filipino-owned and duly
exposed to high risk of being targets of
registered with the Securities and
criminal elements.
Exchange Commission (SEC);
b) It is current, operational and a WHO HAS THE AUTHORITY TO ISSUE A
continuing concern; LICENSE?
c) It has completed and submitted all its
reportorial requirements to the SEC; The Chief of the PNP, through the FEO
and of the PNP, shall issue licenses to
d) It has paid all its income taxes for the qualified individuals and to cause the
year, as duly certified by the Bureau registration of firearms.
of Internal Revenue.
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b) License to Manufacture or Deal enforcement agencies authorized by
in Firearms and Ammunition the President in the performance of
(Section 13) their duties
c) License to Deal (Section 16)
WHO ISSUES LICENSE TO MANUFACTURE OR
d) License for Gunsmiths (Section
DEAL FIREARMS AND AMMUNITIONS?
17)
a) The Secretary of the Department
e) License of firearms for Use in
of the Interior and Local
Sports and Competition
Government (DILG) in the case of
(Section 18)
an application for a license to
manufacture; and
b) The Chief of the PNP in the case of
WHAT ARE THE CATEGORIES OF LICENSE
a license to deal in firearms and
ISSUED TO INDIVIDUALS?
firearms parts, ammunition and
a) Type 1 license – allows a citizen gun repair.
to own and possess a maximum
of two (2) registered firearms;
WHAT IS THE SCOPE OF LICENSE TO
b) Type 2 license – allows a citizen MANUFACTURE FIREARMS AND
to own and possess a maximum AMMUNITIONS?
of five (5) registered firearms;
a) The authority to manufacture and
c) Type 3 license – allows a citizen assemble firearms, ammunition,
to own and possess a maximum spare parts and accessories,
of ten (10) registered firearms; ammunition components, and
reloading of ammunitions, within
d) Type 4 license – allows a citizen sites, areas, and factories stated
to own and possess a maximum therein. The Secretary of the DILG
of fifteen (15) registered shall approve such license;
firearms; and b) The license to deal in or sell all the
e) Type 5 license – allows a items covered by the License to
citizen, who is a certified gun Manufacture, such as parts,
collector, to own and possess firearms or ammunition and
more than fifteen (15) components;
registered firearms. c) The authority to subcontract the
manufacturing of parts and
accessories necessary for the
WHAT KIND OF FIREARMS MAY BE firearms which the manufacturer is
REGISTERED? licensed to manufacture:
The application for the renewal of the license • If the importation of the same is
or registration may be submitted to the FEO of allowed and the party in question
the PNP, within six (6) months before the date desires to obtain a domestic firearm
of the expiration of such license or registration. license, the same should be undertaken
in accordance with the provisions of
this Act.
FROM WHOM SHALL FIREARMS AND
• If no license is desired or leave to
AMMUNITION BE ACQUIRED OR PURCHASED?
import is not granted, the firearm or
a) from authorized dealers, ammunition in question shall remain in
the custody of the FEO of the PNP until
b) importers or local manufacturers and
otherwise disposed of in-accordance
c) may be transferred or sold only from a with law.
licensed citizen or licensed juridical
entity to another licensed citizen or
licensed juridical entity: WHAT IS THE RULE FOR ABANDONED
FIREAMRS, AMUNITIONS AND ANTIQUE
Provided, That, during election
FIREARMS?
periods, the sale and
registration of firearms and ABANDONED FIREARMS AND AMMUNITION
ammunition and the issuance of
Any firearm or ammunition deposited
the corresponding licenses to
in the custody of the FEO of the PNP
citizens shall be allowed on the
pursuant to the provisions of this Act,
condition that the transport or
shall be deemed to have been
delivery thereof shall strictly
abandoned by the owner or his/her
comply with the issuances,
authorized representative if he/she
resolutions, rules and
failed to reclaim the same within five
regulations promulgated by the
(5) years or failed to advise the FEO
Commission on Elections.
of the PNP of the disposition to be
made thereof. Thereafter, the FEO of
the PNP may dispose of the same
HOW CAN PERSONS ARRIVING FROM ABROAD
after compliance with established
DEPOSIT HIS FIREARMS?
procedures.
A person arriving in the Philippines who is
ANTIQUE FIREARM
legally in possession of any firearm or
ammunition in his/her country of origin and Any person who possesses an antique
who has declared the existence of the firearm firearm shall register the same and
upon embarkation and disembarkation but secure a collector’s license from the
whose firearm is not registered in the FEO of the PNP. Proper storage of
Philippines in accordance with this Act shall antique firearm shall be strictly
deposit the same upon written receipt with imposed. Noncompliance of this
the Collector of Customs for delivery to the provision shall be considered as illegal
FEO of the PNP for safekeeping, or for the possession of the firearm as penalized
issuance of a permit to transport if the person in this Act.
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Prison mayor in Minimum
(6 years and 1 day to 8
WHAT WILL HAPPEN TO THE LICENSE IF THE
years)
LICENSEE DIES OR BECOME DISABLED?
- INCIDENTAL to rebellion,
• Upon the death or legal insurrection, attempted coup
disability of the holder of a d’etat = ABSORBED AS ELEMENT
firearm license, it shall be the - WITHOUT USE of the Loose
duty of his/her next of kin, Firearm = SEPARATE
nearest relative, legal c) Owner, president, manager, director or
representative, or other person other responsible officer of/any public
who shall knowingly come into or private firm, company, corporation
possession of such firearm or or entity who shall:
ammunition, to deliver the
willfully or knowingly allow
same to the FEO of the PNP or
any of the firearms owned by
Police Regional Office,
such firm, company,
• Such firearm or ammunition corporation or entity to be used
shall be retained by the police by any person or persons found
custodian pending the issuance guilty of violating the provisions
of a license and its registration of the preceding section, or
in accordance, with this Act.
willfully or knowingly allow
• The failure to deliver the any of them to use unregistered
firearm or ammunition within firearm or firearms without any
six (6) months after the death legal authority to be carried
or legal disability of the licensee outside of their residence in the
shall render the possessor course of their employment.
liable for illegal possession of
willfully or knowingly allow any
the firearm.
explosive or incendiary device
or parts thereof owned or
controlled by such firm,
WHAT ARE ACTS PUNISHABLE UNDER RA
company, corporation or entity
10591?
to be used by any person or
a) Unlawful acquisition or possession of persons found guilty of violating
firearms and ammunitions the provisions of the preceding
b) Use of Loose Firearm in the commission paragraphs. (RA 9516, Sec. 3-B)
of a crime
d) Carrying licensed firearms outside of
- INHERENT in the commission of
residence without any permit to carry
a crime punishable under RPC or
e) Unlawful Manufacture, Importation,
Special Law = AGGRAVATING
Sale or Disposition of Firearms or
Maximum penalty in RPC Ammunition or Parts Thereof,
or SPL is LOWER than Machinery, Tool or Instrument Used or
Illegal possession = Intended to be Used in the Manufacture
ILLEGAL POSSESSION of Firearms, Ammunition or Parts
Maximum penalty in RPC Thereof
or SPL is EQUAL than f) Arms Smuggling
illegal possession = ADD:
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g) Tampering, Obliteration or Alteration of g) Commission of any of the acts
Firearms Identification penalized under Republic Act No.
h) Use of an Imitation Firearm 9165, otherwise known as the
i) Violation of the provision on Custodia "Comprehensive Dangerous Drugs
Legis Act of 2002″;
j) Planting Evidence h) Submission of falsified documents
firearm, or ammunition, or or misrepresentation in the
parts thereof application to obtain a license or
Explosives (RA 9516, Sec. 4-A) permit;
i) Noncompliance of reportorial
k) Failure to Notify Lost or Stolen Firearm requirements; and
or Light Weapon j) By virtue of a court order.
l) Illegal Transfer/Registration of Firearms
m) Unlawful Manufacture, Sales,
Acquisition, Disposition or Possession of
Explosives.
n) Intentional or negligent failure to or
refusal to appear as a witness by a Law
Enforcement Agent Father Saturnino Urios University
College of Law
Law 315 - Special Penal Laws
Stephen B. Cabaltera
WHAT ARE GROUNDS FOR REVOCATION,
CANCELLATION OR SUSPENSION OF LICENSE
OR PERMIT?
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