Title
Amending PD 1866 on Illegal Firearms and Explosives
Law
Republic Act No. 8294
Decision Date
Jun 6, 1997
Republic Act No. 8294 amends the laws on illegal possession, manufacture, and dealing of firearms and explosives in the Philippines, imposing stiffer penalties for violations, including the use of unlicensed firearms as an aggravating circumstance and the absorption of violations in connection with certain crimes.

Questions (Republic Act No. 8294)

RA 8294 amended Presidential Decree (PD) No. 1866, as amended, which codifies the laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition, or explosives (and instruments used to manufacture them), imposing stiffer penalties for certain violations.

The penalty is prision correccional in its maximum period and a fine of at least ₱15,000.

The penalty is prison mayor in its minimum period and a fine of ₱30,000.

If homicide or murder is committed with the use of an unlicensed firearm, such use is considered an aggravating circumstance.

Such violation shall be absorbed as an element of the crime of rebellion, insurrection, sedition, or attempted coup d’état.

The owner, president, manager, director, or other responsible officer of any public or private firm/company/corporation/entity who willfully or knowingly allows the firearms to be used by such persons, or allows them to use unlicensed firearms or firearms without legal authority to be carried outside their residence in the course of employment.

The penalty of arresto mayor.

Prision mayor in its maximum period to reclusion temporal, and a fine of not less than ₱50,000.

When a person commits any crime under the Revised Penal Code or special laws with the use of the aforementioned explosives/detonation agents/incendiary devices and it results in death, the use is considered as an aggravating circumstance.

The violation is absorbed as an element of the crimes of rebellion, insurrection, sedition, or attempted coup d’état.

Unlawfully tampering, changing, defacing, or erasing the serial number of any firearm; the penalty of prision correccional.

Unlawfully repacking, altering, or modifying the composition of any lawfully manufactured explosives; the penalty is prision correccional.

Firearms with expired license; and unauthorized use of a licensed firearm in the commission of the crime.

After fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.


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