Effectivity and implementation timeline
- Republic Act No. 8294 takes effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation.
- The Department of Justice and the Department of the Interior and Local Government must jointly issue the necessary rules and regulations within ninety (90) days after approval of the Act.
- The same joint departments must furnish copies of the rules and regulations to the Committee on Public Order and Security and the Committee on Justice and Human Rights of both Houses of Congress within thirty (30) days from promulgation.
Policy, coverage, and “unlicensed firearm”
- Republic Act No. 8294 strengthens criminal liability under Presidential Decree No. 1866 for unlawful firearm and explosive-related conduct.
- “Unlicensed firearm” includes firearms with expired license.
- “Unlicensed firearm” also includes unauthorized use of licensed firearm in the commission of the crime.
Unlawful firearms: penalties and rules
- Section 1 imposes prision correccional in its maximum period and a fine of not less than P15,000 on any person who unlawfully manufactures, deals in, acquires, disposes, or possesses any low powered firearm, such as rim fire handgun, .380 or .32, and other firearms of similar firepower, and also covers part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition.
- Section 1 imposes prison mayor in its minimum period and a fine of P30,000 when the firearm is classified as high powered firearm, including:
- bores bigger in diameter than .38 caliber and 9 millimeter (including caliber .40, .41, .44, .45);
- lesser calibered firearms considered powerful, including caliber .357 and caliber .22 center fire magnum; and
- firearms with firing capability of full automatic and by burst of two or three.
- Section 1 provides that if a homicide or murder is committed with the use of an unlicensed firearm, the use of the unlicensed firearm is an aggravating circumstance.
- Section 1 provides absorption in cases involving political crimes: when the violation of Section 1 is in furtherance of or incident to, or in connection with rebellion or insurrection, sedition, or attempted coup d’etat, the violation is absorbed as an element of the crimes of rebellion, insurrection, sedition, or attempted coup d’etat.
- Section 1 imposes the same penalty on the owner, president, manager, director, or other responsible officer of any public or private firm, company, corporation, or entity who willfully or knowingly allow firearms owned by the entity to be used by persons found guilty under the preceding paragraphs, or who willfully or knowingly allow unlicensed firearms or firearms without legal authority to be carried outside their residence in the course of employment.
- Section 1 imposes arresto mayor on any person who carries any licensed firearm outside his residence without legal authority.
Unlawful explosives: penalties and rules
- Section 3 imposes prision mayor in its maximum period to reclusion temporal and a fine of not less than P50,000 on any person who unlawfully manufactures, assembles, deals in, acquires, disposes, or possesses hand grenade(s), rifle grenade(s), and other explosives, including but not limited to “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.
- Section 3 treats use as aggravating when the explosive is used in other crimes: when crimes defined in the Revised Penal Code or special laws are committed with these explosives, detonation agents, or incendiary devices, and such use results in the death of any person or persons, the use is considered an aggravating circumstance.
- Section 3 provides absorption in political-crime contexts: when the violation is in furtherance of, incident to, or in connection with rebellion, insurrection, sedition, or attempted coup d’etat, the violation is absorbed as an element of the crimes of rebellion, insurrection, sedition, or attempted coup d’etat.
- Section 3 imposes the same penalty on the owner, president, manager, director, or other responsible officer of any public or private firm, company, corporation, or entity who willfully or knowingly allow explosives owned by the entity to be used by persons found guilty under the preceding paragraphs.
Firearm serial number tampering
- Section 5 imposes prision correccional on any person who unlawfully tamper, change, deface, or erase the serial number of any firearm.
Repacking or altering explosives
- Section 6 imposes prision correccional on any person who unlawfully repack, alter, or modify the composition of any lawfully manufactured explosives.
Rules on issuance, separability, repeal, and effectivity
- The joint departments must issue implementing rules within ninety (90) days and furnish copies to the relevant congressional committees within thirty (30) days from promulgation.
- Section 7 provides a separability clause: if any section or provision is declared unconstitutional or invalid, the unaffected sections remain in full force and effect.
- Section 8 provides a repealing clause: all laws, decrees, orders, rules, and regulations, or parts thereof inconsistent with Republic Act No. 8294, are repealed, amended, or modified accordingly.
- Section 9 sets effectivity at fifteen (15) days after publication in the Official Gazette or in two (2) newspapers of general circulation.