SOME NOTABLE FEATURES OF THE

COMPREHENSIVE FIREARMS AND

AMMUNITION REGULATION ACT (RA
10591)
June 27, 2013 · by marvingubat · Bookmark the permalink. ·

SOME NOTABLE FEATURES OF THE COMPREHENSIVE FIREARMS AND

AMMUNITION REGULATION ACT (RA 10591)

Introduction

          On May 29, 2013, the President of the Philippines approved into law Republic Act No.
10591 otherwise known as the “Comprehensive Firearms and Ammunition Regulation Act.” The
law recognizes the right of its qualified citizens to self-defense through the use of firearms and
regulates 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.

The law did not entirely wipe off Presidential Decree No. 1866 as well as its amendatory law,
Republic Act No. 8294. Only Sections 1, 2, 5, and 7 of PD 1866 and Section 6 of RA 8294 were
repealed. This means that the provisions of these laws pertaining to explosives were retained and,
as such, the unlawful manufacture, sale, acquisition, disposition or possession of explosives such
as hand grenade, rifle grenade, and other explosives, continues to be punishable under the old
law.

Some Notable Features of the New Law

          Some of the notable features of the new firearms law are: (1) it classified the firearms
according to power, and increased the penalties for offenses relative thereto; (2) it provides
separate and lighter penalties for offenses pertaining to ammunition; (3) it likewise provides a
separate and lighter penalties for offenses pertaining to major parts of firearms; (4) it defines and
punishes new offenses relating to firearms and ammunition; (5) it provides for qualifying
circumstances for the offense of possession or acquisition of firearms, and aggravating
circumstances for the use of loose firearms in the commission of a crime; (6) it regulates
ownership and possession of firearms and ammunition by qualified citizens; (7) it regulates the
registration and licensing of firearms; (8) it treats use of an imitation firearm in the commission
of a crime as a real firearm; and (9) subject to an exception, it limits the registration of small
arms only to licensed citizens or juridical entities for ownership, possession and concealed carry.

Classification of firearms.
          Under the new firearms law, firearms are classified into: (1) Small arms; (2) Class—A
Light Weapons; and (3) Class—B Light Weapons. Parenthetically, under the old law, firearms are
classified as low-powered and high-powered, in addition to explosives, and providing single
penalties for each.

          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, and it includes a pistol and a revolver; (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 or intended to fire a number of ball
shots or a single projectile through a smooth bore by the action or energy from burning
gunpowder.

          Class—A Light Weapons refer to self-loading pistols, rifles and carbines, submachine
guns, assault rifles and light machine guns not exceeding calibre 7.62MM which have fully
automatic mode.

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

Offenses Punished.

While the old law punished basically two (2) offenses relating to firearms and explosives,
without regard to the nature of the offense whether it be possession, disposition, acquisition,
manufacture or sale, the new law separated the offenses of acquisition or possession from the
offenses of manufacture, importation, or sale of firearms and ammunition and provides a higher
penalty to the latter.

          The following are the offenses punished under the new law:

A—Offenses relating to acquisition or possession:

(1)   Unlawful acquisition or possession of firearms;

(2)   Unlawful acquisition or possession of ammunition;

(3)   Unlawful acquisition or possession of major parts of a firearm;

(4)   Buying or possession of stolen part or material from a company engaged in the manufacture
and sell of firearms and ammunition, when the buyer or possessor is aware that such part or
material was stolen (Sec. 32, par. 3);
It must be noted that the offense of unlawful possession or acquisition of ammunition of Class—
A Light Weapon punished under Sec. 28 (i) was repeated under paragraph (g), which provide a
lighter penalty therefor.

B—Offenses relating to manufacture, importation or sale:

(1) Unlawful manufacture, importation, sale or disposition of firearms, ammunition, major part
of a firearm or ammunition, or machinery, tool or instrument used or intended to be used in the
manufacture of a firearm, ammunition or major part thereof (Sec. 32);

(2) Arms smuggling (Sec. 33);

(3) Unlawful taking, sale or disposition by labourer, worker or employee of a licensed firearms
dealer 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 (Sec. 32);

          It is worthy of note that 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. It is doubtful, however, whether
possession of such machinery, tool or instrument is punished by the first paragraph of Section
32. What is punished by said paragraph is the unlawful manufacture, importation, sale or
disposition of machinery, tool or instrument. It hardly includes as punishable intent to use
machinery, tool or instruments intended to be used for the manufacture of firearms and
ammunitions.  

C—Other related offenses:

(1)   Carrying of firearms outside of residence without legal authority (Sec. 31);

(2)   Tampering, Obliteration or Alteration of Firearms Identification (Sec. 34);

(3)   Planting of firearms, ammunition or parts thereof as evidence (Sec. 38);

(4)   Failure to notify lost or stolen firearm (Sec. 40);

(5)   Illegal transfer or registration of firearm (Sec. 41); and

(6)   Fraudulent facilitating the registration of a firearm by a public officer (Sec. 41, 2nd par.).

Qualifying or Aggravating Circumstances.

          Circumstances relating to possession. — The offenses of acquisition or possession of short

arms and/or Class—A Light Weapons may be qualified by the possession of three or more short
arms or Class—A Light Weapons, in which case the penalty shall be reclusion temporal to
reclusion perpetua.

          Illegal possession of short arms or Class—A Light Weapons may also be qualified by any
or combination of the following conditions namely:

(1)   When the firearm is loaded with ammunition or inserted with a loaded magazine;

(2)   When the firearm is 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)   When it is fitted with sniper scopes, firearm muffler or firearm silencer;

(4)   When it is accompanied with an extra barrel; and

(5)   When it is converted to be capable of firing full automatic bursts.

In such cases, the penalty shall be one (1) degree higher than that provided for offense, and the
offense may be called Qualified Illegal Possession of Firearms.

Circumstances relating to use.—The use of a loose firearm, when inherent in the commission of
a crime punishable under the Revised Penal Code or other special laws, such as, for example,
murder or homicide, shall be considered as an aggravating circumstance. However, if the crime
committed is penalized by law with a maximum penalty lower than the penalty for illegal
possession of firearm, the penalty for the latter shall be imposed in lieu of the penalty for the
crime charged. On the other hand, if the penalties are equal, the penalty of prision mayor in its
minimum period shall be imposed in addition to the penalty imposed against the offender for the
crime committed (Sec. 29).

Notably, if the firearm used in the commission of a crime is licensed, the use of such firearm
shall not be considered as an aggravating circumstance. If there be any violation of the law, it
shall be treated as a distinct and separate offense (Sec. 29), as, for instance, carrying of the
firearm outside of residence without authority therefor.

Penalties.

          The penalties for the various offenses punished by the law are as follows:

A. As to simple possession or acquisition of:

1. Small arms Prision mayor in its medium

period.
2. Class—A light weapon Prision mayor in its
maximum period.
3. Class—B light weapon Reclusion perpetua.
4. Major part of small arm Prision mayor in its
minimum period.
5. Major part of Class—A Prision mayor in its medium
light weapon period.
6. Major part of Class—B Prision mayor in its
light weapon maximum period.
7. Ammunition of small arm Prision mayor in its
minimum period.
8. Ammunition of Class—A Prision mayor in its medium
light weapon period.
9. Ammunition of Class—B Prision mayor in its
light weapon maximum period.

          Note must be taken of the fact that possession or acquisition of ammunition of Class—A
light weapon was twice mentioned in the law, that is, Sec. 28(g) and Sec. 28(i). It is, however,
believed that the insertion of the words “Class—A light weapon” in par. (g) is a clerical error.

          Moreover, if the violation on possession or acquisition of ammunition is committed by the

same person charged with unlawful possession or acquisition of firearm, the possession of
ammunition is absorbed in the unlawful possession of the firearm.

B. As to qualified possession or acquisition of:

1. Three or more small arms Reclusion temporal to

or Class—A light weapon Reclusion perpetua.

C. As to manufacture, importation, sale or disposition of firearms, etc.:

1. Unlawful manufacture, Reclusion temporal to

importation, sale or Reclusion perpetua.
disposition of firearm,
ammunition, or major part of
firearm or ammunition, or
machinery, tool or
instrument intended to be
used for in the manufacture
of firearm, ammunition or
major part thereof
2. Unlawful taking, sale, or Prision mayor in its
disposal by labourer, worker, minimum period to prision
or employee of licensed mayor in its medium period.
firearms dealer of parts of
firearms or ammunition
which the company
manufactures and sells, and
other materials used by the
company in the manufacture
and sale of firearms and
ammunition
3. Arms smuggling Reclusion perpetua.

D. As to other offenses:

1. Carrying of firearms Prision correccional and fine

outside of residence without of P10,000.00
legal authority
2. The buyer or possessor of Prision mayor in its
such stolen part or material minimum period to prision
who is aware of the fact of mayor in its medium period.
stealing
3. Tampering, obliterating or Prision correccional to
Altering of Firearms Prision mayor in its
Identification minimum period.
4. Planting of evidence by Prision mayor in its
ordinary person maximum period.
5. Planting of evidence by Reclusion perpetua.
public officer
6. Failure to notify lost or 10,000.00 pesos fine.
stolen firearm or light
weapon
7. Illegal transfer/registration Prision correccional.
of firearms
8. Facilitating registration of Prision correccional.
firearm through fraud, deceit
or misrepresentation or
submission of falsified
documents

Other Matters.

          The other notable features of the new law are the following:

1. Use of imitation firearm. An imitation firearm used in the commission of a crime shall be
considered a real firearm and the offender shall be punished in accordance with the new
law. An 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 (Sec. 3(q)).
 2. Custodia legis. During the pendency of any case filed in violation of the Act, seized
firearm, ammunition, or parts thereof, machinery, tool or instruments shall remain in the
custody of the court (Sec. 36). This provision runs afoul with ordinary criminal procedure
in which object evidence shall remain under the custody of the prosecution until it is
offered in evidence after the termination of its presentation of testimonial evidence.

Registration of firearms.

          Only small arms may be registered by licensed citizens or licensed juridical entities for
ownership, possession and concealed carry. However, private individuals who already have
licenses to possess Class—A light weapons upon the effectivity of the Act shall not be deprived
of the privilege to continue possessing the same and renewing the licenses therefor (Sec. 10).
The licensed citizen or juridical entity shall register his purchased firearms with the Firearms and
Explosive Office of the Philippine National Police (Sec. 11). The license granted shall include
the license to possess ammunition with a maximum of fifty (50) rounds for each registered
firearms (Sec. 12). Except a certified gun collector, the maximum number of registered firearms
a qualified citizen may own and possession is fifteen (15) (Sec. 9).

Qualifications for the issuance of firearms license.

          In order to qualify and acquire a license to own firearms and ammunition, the applicant
must be: (1) Filipino citizen; (2) at least twenty-one (21) years old; and (3) has gainful work,
occupation or business or has filed an Income Tax Return (ITR) for the preceding year.

          In addition, the applicant shall submit various certifications from the appropriate
authorities (see Sec. 4).

Conditions for the issuance of permit to carry firearms.

          A permit to carry firearms outside of residence shall be issued by the Chief of the PNP or
his duly authorized representative to any qualified person whose life is under actual threat or his
life is in imminent danger due to the nature of her profession, occupation of business. The burden
of proving actual threat lies with the applicant by submitting a threat assessment certificate from
the PNP.

          For purposes of the 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) CPAs; (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.