QuestionsQuestions (Republic Act No. 8294)
RA 8294 amends Presidential Decree (PD) No. 1866, as amended. It codifies laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives (or instruments used to manufacture them) and imposes stiffer penalties for certain violations.
The penalty is prision correccional in its maximum period and a fine of not less than PHP 15,000.
It sets a distinction based on caliber/firepower: high-powered firearms include bores bigger than .38 caliber and 9mm (e.g., .40, .41, .44, .45), plus certain lesser calibers considered powerful (e.g., .357 and .22 center fire magnum) and firearms capable of full automatic and by burst of two or three.
Prison mayor in its minimum period and a fine of PHP 30,000, provided that no other crime was committed by the person arrested.
The use of an unlicensed firearm is considered an aggravating circumstance.
No. The violation is absorbed as an element of the crime of rebellion/insurrection/sedition/attempted coup d'état.
They are subject to the same penalty if they willfully or knowingly allow the entity’s firearms to be used by persons found guilty under the preceding paragraphs, or if they willfully or knowingly allow use of unlicensed firearms or firearms without legal authority to be carried outside their residence in the course of employment.
Arresto mayor.
It covers hand grenades, rifle grenades, and other explosives including pillbox, Molotov cocktail bombs, fire bombs, or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person.
Prision mayor in its maximum period to reclusion temporal and a fine of not less than PHP 50,000.
The use of the explosives/incendiary devices is considered an aggravating circumstance.
The explosives violation is absorbed as an element of the rebellion/insurrection/sedition/attempted coup d'état offenses.
Unlawfully tampering, changing, defacing, or erasing the serial number of any firearm; the penalty is prision correccional.
Unlawfully repacking, altering, or modifying the composition of any lawfully manufactured explosives; the penalty is prision correccional.
It includes (1) firearms with expired license, or (2) unauthorized use of a licensed firearm in the commission of the crime.
The Act takes effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.
Separability: if any section is declared unconstitutional/invalid, the rest remain in force. Repealing clause: all inconsistent laws/decrees/orders/rules/regulations or parts thereof are repealed, amended, or modified accordingly.