Title
Comprehensive Firearms and Ammunition Regulation Act
Law
Republic Act No. 10591
Decision Date
May 29, 2013
A Philippine law aims to regulate firearms and ammunition, covering ownership, possession, carrying, manufacture, dealing, and importation, with requirements for licenses, registrations, and penalties for violations.

Questions (Republic Act No. 10591)

RA 10591 declares the State’s policy to maintain peace and order and protect people against violence, while recognizing the right of qualified citizens to self-defense through the reasonable use of firearms when repelling unlawful aggression under the circumstances.

A firearm is any handheld/portable weapon designed to expel a bullet/shot/slug/missile or projectile via expansive force of gases from burning gunpowder or similar combustion, and for this Act the barrel, frame, or receiver is deemed a firearm—so partial components that function as core parts are regulated.

Major parts/components include the barrel, slide, frame, receiver, cylinder, or bolt assembly (and kits intended to convert semi-automatic to full automatic). Minor parts are all other parts necessary to complete the action of expelling a projectile by combustion, excluding accessories.

An imitation firearm is a replica substantially similar in coloration and overall appearance that could lead a reasonable person to believe it is a real firearm. If used in a crime, it is considered a real firearm for purposes of punishment under RA 10591 (unless the injuries occur during competitions/sports/games/recreation involving imitation firearms).

The applicant must be a Filipino citizen, at least 21 years old, and have gainful work/occupation/business or have filed a preceding-year ITR as proof of income. They must submit certifications including: no conviction of a crime involving moral turpitude; passage of psychiatric test; passage of drug test; completion of gun safety seminar; written application with personal circumstances; police clearance; and no conviction or pending criminal case for crimes punishable by more than 2 years (acquittal/permanent dismissal qualifies).

They must submit their duty detail order to the Firearms and Explosives Office (FEO) of the PNP.

It must be Filipino-owned and SEC-registered; current, operational, and a continuing concern; it must have completed and submitted SEC reportorial requirements; and it must have paid income taxes for the year as duly certified by the BIR. The corporate officer applying must possess citizen-license qualifications.

Only small arms may be registered by licensed citizens or juridical entities. Light weapons are generally for AFP, PNP, and other authorized law enforcement agencies in the performance of duties, with a savings clause for private individuals who already had licenses for Class-A light weapons at the Act’s effectivity.

Type 1: up to 2 firearms; Type 2: up to 5; Type 3: up to 10; Type 4: up to 15; Type 5: more than 15 for certified gun collectors.

For Types 1 to 5, a vault/container secured by lock and key or other security measures is required. For Types 3 to 5, the citizen must comply with inspection and bond requirements.

Licenses to possess a firearm include ammunition possession up to a maximum of 50 rounds for each registered firearm, unless the FEO allows more for licensed sports shooters.

Licenses are renewed every 2 years; failure to renew on/before expiration causes revocation of both the license and registration. Firearm registration is renewed every 4 years; failure causes revocation of the firearm registration and the license. Repeated failure on two occasions perpetually disqualifies the holder from applying for any firearm license.

During election periods, sale/registration of firearms and ammunition and issuance of corresponding licenses to citizens are allowed only if transport/delivery strictly complies with Commission on Elections issuances, resolutions, and rules.

They must deposit the firearm/ammunition upon written receipt with the Collector of Customs for delivery to the FEO of the PNP for safekeeping, or for a permit to transport if they are a sports competition participant.

They are deemed abandoned; the FEO of the PNP may dispose of them after compliance with established procedures.

Penalties vary by type and quantity (small arms, multiple weapons, Class-A light weapons, Class-B light weapons, major parts, and ammunition). Section 28(e) provides a higher penalty one degree higher than certain baseline penalties when the firearm is loaded, fitted with laser/thermal weapon sights/sniper scopes/silencers, accompanied by extra barrel, or converted to fire full automatic bursts.


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