Question & AnswerQ&A (Republic Act No. 8294)
Republic Act No. 8294 amends Presidential Decree No. 1866, as amended, which codifies laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition, explosives, and related instruments.
The penalty is prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000), provided no other crime was committed.
High powered firearms include those with bores bigger in diameter than .38 caliber and 9 millimeters such as .40, .41, .44, .45 caliber and also powerful lesser caliber firearms like .357 and .22 center fire magnum, as well as firearms capable of full automatic firing or burst mode.
Prison mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed, provided no other crime was committed by the person arrested.
The use of an unlicensed firearm in homicide or murder is considered an aggravating circumstance.
The owner, president, manager, director, or other responsible officers of any public or private firm, company, corporation or entity who willfully or knowingly allow firearms to be used by persons in violation of the law may be held liable and face the same penalties.
The penalty is arresto mayor.
The penalty ranges from prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000).
The use of explosives, detonation agents, or incendiary devices in crimes resulting in death is considered an aggravating circumstance.
A penalty of prision correccional is prescribed for unlawfully tampering, changing, defacing, or erasing the serial number of any firearm.
Unlicensed firearm includes firearms with expired licenses and the unauthorized use of licensed firearms in the commission of a crime.
They are tasked to jointly issue the necessary rules and regulations concerning the administrative aspects of the act within 90 days after its approval.
Other sections or provisions not affected shall continue to be in full force and effect under the Separability Clause.
The Act took effect fifteen (15) days after its publication in the Official Gazette or in two newspapers of general circulation.