Question & AnswerQ&A (Republic Act No. 8294)
Republic Act No. 8294 amends Presidential Decree No. 1866, codifying laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition, explosives, or instruments used in their manufacture, and imposes stiffer penalties for certain violations.
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 than .38 caliber and 9 millimeter, such as caliber .40, .41, .44, .45, and also lesser calibered firearms considered powerful like caliber .357 and caliber .22 center fire magnum, including firearms with full automatic or burst firing capability.
Prison mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed.
The use of an unlicensed firearm in homicide or murder is considered an aggravating circumstance.
The same penalties for unlawful possession apply to the owner, president, manager, director, or responsible officer who willfully or knowingly allow use of unlicensed firearms or firearms without legal authority by employees.
The penalty is arresto mayor.
The penalty is prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000).
Such violations are absorbed as an element of the crime of rebellion, insurrection, sedition, or attempted coup d'etat.
Prision correccional shall be imposed upon the person who unlawfully tampers with the serial number of any firearm.
The penalty is prision correccional.
It includes firearms with expired license or unauthorized use of licensed firearms in the commission of a crime.
The Department of Justice and the Department of the Interior and Local Government shall jointly issue the necessary rules and regulations.
It took effect fifteen (15) days after its publication in the Official Gazette or in two newspapers of general circulation.