s. No.

3397
H No 5484

~t}luhlit 11ffqt J4ili}l}liUtS

(Llottgrrss of fqr JqHippittrs

JIlIftfro JIlIfauila

~iffttuf4 QI11ullrtss

Begun and held in Metro Manila, on Monday, the twenty-third

day of July, two thousand twelve .

•
[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
2

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
c'lmpaign against crime, stop the proliferation of illegal
frrearms 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 frrearm but will not constitute any of the major or minor
internal parts thereof such as, but not limited to, laser scope,
telescopic sight and sound suppressor or silencer.

(b) Ammunition refers to a complete unfi;red unit

consisting of a bullet, gunpowder, cartridge case a~d primer
or loaded shell for use in any firearm. '

(c) Antique firearm refers to any: (1) firearm which was

manufactured at least seventy-five (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) a\tthorizing
the importation of firearms, or their parts, ammmjition and
other components.
 3

(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 parts 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 busmess of inIporting 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.

(b) 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
(NEI), 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 FEO of
the PNP.

G) 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.

(1) 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 sinIilar
instrument or implement. For purposes of this Act, the barrel,
frame or receiver is considered a firearm.
 4

(m) Firearms Information Management System (FIMS)

refers to the compilation of all data and information on
firearms ownership and disposition for record purpo~es.

(it) 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.

(0) 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 fire~ms 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, busmessesincluding 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
 5

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 lOOMM.

(u) Long certificate of registration refers to licenses issued

to government agencies or offices or government-owned
or -control1ed corporations for firearms to be used by
their officials and employees who are qualified to possess
firearms as provided in this Act, excluding secUl'ity 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 convel'ting 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, wjthin the duration. and purpose in the
authority.
 6

(aa) Residence refers to the place or places of abode of

the licensed citizen as indicated in hislher 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 tlw 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 hislher 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
tlu'ough 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.
 7

(ft) 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 hght 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 flrearm
or flrearms 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 pl'oof of income, profession,
business or occupatIOn.

In addition, the applicant shall submit the following

certif,cation issued by appropriate authorities attesting the
following:

(a) The apphcant 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 III writing the application to

possess a registered firearm which shan state the personal
Clrcumstances of the applicant;
 8
(I) 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 hisJher 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 y~ar, as'duly
certified by the Bureau of Internal Revenue.

The application shall b~. ma~e 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 qualillcations 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_
 9

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 fu-earms 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 hislher
duly authorized representative to any qualified person whose
life is under actual threat or hislher life is in imminent danger
due to the nature of hislher 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.
 10

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 ifrrearms.

SEC. 9. Licenses Issued to Individuals. - Subj¢ct 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 ipossess 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 ce~tified gun

collector, to own and possess more than fifteen (15)iregistered
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. - Pnly small

arms may be registered by licensed citizens or licens~d juridical
entities for ownership, possession and concealed carry. A light
,weapon shall be lawfully acquired or possessed exdusively 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
 11

the same and renewing the licenses therefor, for the sale
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 hlsiherlits firearms
so purchased with the FEO of the PNP in accordance with
the type of hcense 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 entItles 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
f,rearms or ammunition, shall make an application to:

(a) ']'he 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
mtended to be transacted by such applicant; and the types of
arms, ammumtion or implements which the applicant intends
to manufactm8 or purchase and sell under the license applied
 12

for; and such additional information as may be ~specially

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 hy which said licensei 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 he, the same shall he 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 hy the applicant of the requi~ed bond
conditioned upon the faithful compliance on the part of the
licensee to the laws and regulations relative to the ibusiness
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, am~unition
components, and reloading of ammunitions, within sites, areas,
and factories stated therein. The Secretary of the DIiLG 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 suhcontract 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 component/! is also
licensed to manufacture firearms and ammunition; ,and

(d) The authority to import machinery, equipment, and

firearm parts and ammul'lition components for the manufacture
thereof. Firearm parts and ammunition components to be
 13

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
admimstration 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
ammunitlOn. 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 shan 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 flfearms 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 Gunsm·iths.

- The license for gunsmiths shan anow the grantee to repair
registered firearms. The license shall include cllstomizatlOn of
f,rearms from fmished or manufactured parts thereof on per
order basis and not in commercial quantities and making· the
 14

minor parts thereof, i.e. pins, trigger's, trigger bo~s, sights

, and the like only for the purpose of repairing the rilgistered
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 sball apply for a permit to transport hislher
registered firearmls from bislher residence to the firing rangels and
competition sites as may be warranted.

SEC. 19. Renewal of Licenses and Registrati6n. - All

types of licenses to possess a firearm shall be reneVlied ev.ery
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 firearmls under said 'licensee.

The registration of the firearm shall be rene'-"ed every

four (4) years. Failure to renew the registration of the firearm
on or before the date of expiration sh'hll cause the r~vocation
of the license of the firearm. The said firearm ishall be
confiscated or forfeited in favor of the government ~fter 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. .!
, I
SEC. 20. Inspection and Inventory. - The Chief of the
PNP or hislher 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 ,
i
ACQUISITION, DEPOSIT OF FIREARMS, ABA.~ONED,
DEMILITARIZED A."1D At'lTIQUE FIREAlLM:S:

, ·SEC. 21. AcqlLisition or Purchase and Sale ct'Firearms

and· Ammunition. - :Firearms and ammunition may only be
acquired or purchased from authorized dealers; importers or
loeal :manufacturere and may be transferred 01' sold only from
 15

a licensed cItizen or hcensed 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 issuance6f the cotresponding 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 Firearni's b'y'Persons Arrivirig From

Abroad. - A person arrivmg in the Philippines who is legally
in possession of any frrearm"or ammunition 'in histher country'-
of origin and w hD has declared the eXls'tence 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 ill 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 110 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 timst 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 hcensee may deposit a registered firearl(l to the FEO of
the PNP, or any Police' Regional Office for safekeeping.'
Reasonable fees for storage shall he imposed.' ", "
. '., .
SEC. 25. Abandoned Firearms and Ammunition. -'- Any
firearm or ammunition deposited m the custody 9f the FEO
of the PNP pursuant to the, proviSIons of this Act, shall 'be "
 16

deemed to have been abandoned by the owner or hislher

authorized representative if helshe 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
shill be the duty of histher n'txt of kin, nearest relative, legal
representative, or other person who shall knowingJy Gome into
possession of such firearm or ammunition, to deliver ~he same
to the FEO of the PNP or Police Regional Office, llnd 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 isecure a
collector's license from the FEO of the PNP. Prope~ storage
of antique firearm shall be strictly, imposed. Nonc~mpliance
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 ofiFirearms

and Ammunition. - The unlawful acquisition, pos~ession 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 wlio sha:1l unlawfully acquire
or possess a small arm,;_

, '.' (b) The penalty of reclusion temporo.l to redu.sion

perpetua ,shall be imposed if three (3) or more smal). arms or
, Class-A light weapons are unlawfully - acquired
. -
or pmisessed
. I
by
any person; I

." (c) The penalty bf pris,:on mayor in its maximum period

shall be imp03ed upon any person who shall unlawfulJy acqull'e
or possess a Class-A light weapon;
 17

(d) The penalty of reclusion perpetua shall be imposed

upon any person who shall' unlawfully acquire or possess a
Class-Blight 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 amnmnitiori 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 hke;

(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;

(1) 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 vlOlation of th,s paragraph is committed by the sa:me
person charged with the 'unlawful acquisition or 'possession: .
of a Class-A light weapon; the 'former violation shall· be .
absorbed by the latter;
 18

G) The penalty of prision mayor in its.maximum period

shall be imposed upon any person who shall urJawfully acquire
or possess a major part of a Class-B light weapon; and

(k) The penalty of prision mayor in its J1!.aximum

peri·od· shaH ·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 th,m 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 helshe is found guilty.

If the ,violation of this Act is in furtherance of, ~r incident

to, or in connection with the crime of rebellion or insurrection,
,or attempted coup d' el.at, 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 sh"llbe .considered
as a distinct and separate offense.

SEC. 30. Liability o{ Juridical Person. - '1'he penalty 'of

· prision rn.ayor in its minimum to pr£sion mayor'i.l) it,s memU111
· period shaH be ilnposed upon the ownm', president;j,uH3nagel':
" d.ir~ctor or other responHible officer of any public Qr· priv:lte., ,
'firm:' camp'any, corpDration or entity who 8hall'w~llfuUy or
· knowingly ·allow any of the firearms owned by such firm,
 19
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 (piO,OOO.OO) shall be imposed upon any
person who is licensed to own a firearm but who shall carry
the registered firearm outside hislher 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 1ll the manufacture of firearms, ammlmition, 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.
20

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 prisian 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, mod8!, 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 sy~tem 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 paJ;ts thereof,
machinery, tools or instruments in its custody' during the
pendency of the case and to produce the same to the court
 21

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 pubhc 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, or 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;.
 22
(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 tu obtain a license or permit;

(i) Noncompliance or reportorial requirements; and

G) By virtue of a court order.

SEC. 40. Failure to Notify Lost or Stolen Firearm or

Light Weapon. - A fine of Ten thousand pesos (plO,OOO.OO)
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 firea~m license
who changes residence or office address other than that
indicated in the license card and fails within a perio!l 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 imp'osed upon

any person who shall violate the provision of the ipreceding
paragraph. In adaltibn;-be/she shall be disqualified to apply
for a license to possess other firearms and all histher 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.
 23
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 frrearms 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. .
 24
SEC. 46. Separability Clause. - If any provision of this
Act or any pm·t hereof is held invalid or unconstitutional, the
remainder of the law or the provision not otherwise affected
shall remain valid and SUbsisting.

SEC. 47. Effectivity. - This Act shall take effect after

fifteen (15) days from its publication in a newspaper of
nationwide circulation.

Approved,

~~ FELICIANO BELMONTE JR.

Speaker ojthe House
ojRepresentatives

This Act which is a consolidation of Senate Bill N9. 3397 and

House Bill No. 5484 was finally passed by the Senate and the House
of Representatives on February 4, 2013 and February 5, 2013,
respectively. "

~tr ~~~."
Secretary General Acting Senate SiJcrctar,y
House ojRepresentatives

B~O S )((2UINO
" President oj e Philippines
ill