Amended law and scope of amendments
- Section 1 amends Section 1 of Presidential Decree No. 1866, as amended (unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments used or intended to be used in manufacture).
- Section 2 amends Section 3 of Presidential Decree No. 1866, as amended (unlawful manufacture, sale, acquisition, disposition or possession of explosives).
- Section 3 amends Section 5 of Presidential Decree No. 1866, as amended (tampering of firearm’s serial number).
- Section 4 amends Section 6 of Presidential Decree No. 1866, as amended (repacking or altering the composition of lawfully manufactured explosives).
- Section 5 establishes coverage of the term unlicensed firearm by defining what it includes.
- Section 6 directs a joint government rulemaking process and submission to Congress.
Unlicensed firearms: penalties and rules
- Section 1 imposes prision correccional in its maximum period and a fine of not less than PHP 15,000 on any person who unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm (including examples such as rim fire handgun, .380, .32, and other firearm of similar firepower), part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in manufacturing any firearm or ammunition, provided that no other crime was committed.
- Section 1 imposes prison mayor in its minimum period and a fine of PHP 30,000 if the firearm is classified as high powered, including firearms with bores bigger in diameter than .38 caliber and 9 millimeter (such as caliber .40, .41, .44, .45), and also lesser-caliber firearms considered powerful (such as caliber .357 and caliber .22 center fire magnum), and other firearms with firing capability of full automatic and by burst of two or three, provided, however, that no other crime was committed by the person arrested.
- Section 1 treats the use of an unlicensed firearm in a homicide or murder as an aggravating circumstance.
- Section 1 provides that if the violation is in furtherance of or incident to, or in connection with the crimes of rebellion or insurrection, sedition, or attempted coup d'etat, the violation shall be absorbed as an element of the relevant crime 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 of the preceding paragraphs, or who willfully or knowingly allow such persons to use unlicensed firearms or firearms without any legal authority to be carried outside of 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.
Explosives: penalties and aggravating/absorption rules
- Section 2 imposes prision mayor in its maximum period to reclusion temporal and a fine of not less than PHP 50,000 on any person who unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), 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.
- Section 2 provides that when a person commits crimes in the Revised Penal Code or special laws using the explosives, detonation agents, or incendiary devices, and such use results in the death of any person or persons, the use is an aggravating circumstance.
- Section 2 provides that if the violation is in furtherance of, or incident to, or in connection with rebellion, insurrection, sedition, or attempted coup d'etat, it shall be absorbed as an element of the relevant crimes of rebellion, insurrection, sedition or attempted coup d'etat.
- Section 2 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.
Serial number tampering and explosives repacking
- Section 3 imposes prision correccional on any person who unlawfully tamper, change, deface or erase the serial number of any firearm.
- Section 4 imposes prision correccional on any person who unlawfully repack, alter or modify the composition of any lawfully manufactured explosives.
Definition: coverage of “unlicensed firearm”
- Section 5 establishes that the term unlicensed firearm includes:
- firearms with expired license; or
- unauthorized use of licensed firearm in the commission of the crime.
Rules and implementation by agencies
- Section 6 requires the Department of Justice and the Department of the Interior and Local Government to jointly issue the necessary rules and regulations within ninety (90) days after the approval of Republic Act No. 8294.
- Section 6 limits the rules and regulations to the administrative aspect of the provisions of Republic Act No. 8294.
- Section 6 requires furnishing 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.
Separability, repeals, and effectivity
- Section 7 provides that if any section or provision of Republic Act No. 8294 is declared unconstitutional or invalid, the other unaffected sections or provisions remain in full force and effect.
- Section 8 repeals, amends, or modifies all laws, decrees, orders, rules and regulations, or parts thereof, inconsistent with Republic Act No. 8294.
- Section 9 fixes effectivity at fifteen (15) days after publication in the Official Gazette or in two (2) newspapers of general circulation.