Regulation of Firearms Importation and Possession

Dealer license, bond, and approvals

Section 2 requires any person, firm, or corporation desiring to deal in firearms or ammunition to apply to the Governor-General for a license.
Section 2 requires the application to state the facts on the amount of business in purchase and sale intended, the classes of arms and ammunition the applicant intends to purchase and sell, and any additional information specially requested by the Governor-General.
Section 2 gives the Governor-General authority to approve or disapprove the application.
Section 2 requires that, upon approval, the Governor-General must state (1) the amount of the bond to be executed before issuance and (2) the time during which the license shall be effective, subject to revocation.
Section 2 authorizes the Governor-General to permit firearms and ammunition to be stored in the custody of the Director of Constabulary, with a receipt describing the firearms and ammunition, held subject to the owner’s call; upon return, similar receipts must be exacted.
Section 2 authorizes the Director of Constabulary to impose and collect a reasonable charge, fixed by him subject to the approval of the Secretary of Commerce and Police, for storage and care.

Dealer bond and license issuance steps

Section 3 requires that every dealer, upon receiving a dealer license, must execute a bond in the amount fixed by the Governor-General and that the bond must be approved by the Director of Constabulary before the license is issued.
Section 4 requires the Governor-General to transmit the approved application and approval to the Director of Constabulary with instructions that the Director of Constabulary must issue the license after approving the bond.
Section 4 requires the Director of Constabulary to file in his office the bond executed and approved as provided.

Dealer license revocation and turnover

Section 5 allows the Governor-General to revoke a dealer license at any time.
Section 5 provides for refund of a proportion of the license fee paid based on time expired, unless a breach occurs.
Section 5 bars any refund of the license fee if there is a breach of the terms of the license or breach of the laws and regulations governing enjoyment of the license.
Section 5 requires that when a license is revoked, all arms in the licensee’s possession must be turned over to the Bureau of Constabulary for care and safe-keeping.
Section 5 requires that upon license expiration, after satisfactory evidence of faithful compliance, the Governor-General orders cancellation and return of the bond to the named principal.

Dealer must re-license for extra amounts

Section 6 requires any person seeking to import, buy, otherwise acquire, dispose of, possess, or have custody of firearms or ammunition in an amount greater than named or described in the license to apply for and secure a new license.
Section 6 directs the collector of customs not to claim any shipment of firearms or ammunition until the collector reports to the Director of Constabulary the amount and class of the shipment and secures the Governor-General’s approval through the Director of Constabulary for clearance.

Prohibited sales without buyer license; penalties

Section 7 prohibits dealers in firearms or ammunition from selling or delivering firearms or ammunition (or any part of a firearm) to a purchaser or other person until the purchaser or other person has obtained the license required under the Act.
Section 7 provides that on conviction in a court of competent jurisdiction, the penalty is a fine not exceeding two thousand pesos, or imprisonment not exceeding two years, or both, in the court’s discretion.

Dealer recordkeeping and inspection

Section 8 requires every dealer to keep complete and accurate records and accounts of importations and sales of firearms and ammunition.
Section 8 requires records to include: the purchaser’s name, age, residence, occupation, and post-office address, the purchaser’s license number, the license number and date for possession of each firearm purchased, the number and date of the firearm purchased, and the amount and character of ammunition purchased for each firearm.
Section 8 requires that when requested by the Director of Constabulary, dealers must permit examination of records and accounts of purchases and sales, and counting and verification of arms and ammunition remaining on hand.
Section 8 provides that refusal to comply constitutes a breach of the bond condition.

Personal possession license: deposits/bonds

Section 9 allows any person desiring to possess one or more firearms for personal protection, or for use in hunting or other lawful purposes only, to apply for a license to possess the firearms and ammunition.
Section 9 requires that before receiving the license, the applicant must make a cash deposit in the postal savings bank in the amount of one hundred pesos for each firearm for which the license is issued.
Section 9 allows substitution of the cash deposit with a bond in the form the Governor-General may prescribe, payable to the Government of the Philippine Islands, in the amount of two hundred pesos for each firearm.
Section 9 exempts persons who are actually members of gun clubs, duly formed and organized at the time of the Act’s passage, who already have a license to possess firearms, from the deposit/bond requirement; their existing duly executed bond remains security for safe-keeping.

Personal license deposit handling and custodian

Section 10 requires that, for a personal license issued on a cash deposit, the licensee must endorse the certificate of deposit so it is payable to the order of the Insular Treasurer and must deliver it to the issuing officers.
Section 10 requires that if a bond is given instead, the Director of Constabulary is the custodian of that bond.

Application flow and issuance for personal licenses

Section 11 directs that personal license applications by residents of the city of Manila are sent to the chief of police of Manila for forwarding with recommendation to the Governor-General.
Section 11 directs that personal license applications by residents of a province go to the governor of the province, with recommendations to the senior inspector of Constabulary, who then forwards through official channels to the Governor-General.
Section 11 authorizes the Governor-General to approve or disapprove the application; upon approval, the papers are transmitted to the Director of Constabulary with instructions to issue the license.
Section 11 requires the Director of Constabulary to issue the license after approving the bond or after receiving the properly endorsed certificate of deposit, for the time fixed for the license.
Section 11 requires the Director of Constabulary to transmit the license direct to the applicant and to notify the appropriate local authority (chief of police for Manila residents, otherwise the senior inspector in the applicant’s province).
Section 11 requires the Director of Constabulary to file the certificate of deposit in his office and requires all officers through whom applications are transmitted to expedite them.

Forfeiture, loss, and possible refunds

Section 12 provides that if the licensee fails to comply with firearms laws and regulations, the terms of the license, or if a licensed firearm is lost and proof is produced to the satisfaction of the Governor-General, the certificate of deposit is forwarded by order of the Governor-General to the Insular Treasurer for collection.
Section 12 provides that once collected, the amount is deposited to the credit of general funds, except as otherwise provided in Section 28.
Section 12 requires that if the firearm is recovered by the owner, the owner is entitled to a refund of the forfeited deposit, and any moneys collected on a bond are also refunded, with an appropriation made for this purpose.

License holder transfers domicile within deadlines

Section 13 requires licensees who change domicile from Manila to a province, province to Manila, or one province to another to notify the Director of Constabulary within ten days by registered mail, or to notify the relevant provincial senior inspector or Manila chief of police depending on the case.
Section 13 requires local officials to transmit information to the Director of Constabulary.
Section 13 provides that violation may be punished by revocation of the license, in the Governor-General’s discretion.

License must be exhibited on demand

Section 14 requires any person holding a license to exhibit the license whenever called upon by specified officials and officers acting under written orders, including a provincial governor, provincial officers under written orders of the governor, Constabulary officers under written orders, the Manila chief of police, or a peace officer under written order of the chief of police.
Section 14 provides that violation may be punished by revocation of the license, in the Governor-General’s discretion.

Annual verification by Constabulary and police

Section 15 requires the Director of Constabulary to issue directions once each year to senior inspectors of provinces to verify all arms possessed by persons holding licenses and report violations to the Director.
Section 15 requires that verification must be endorsed on each license with the date of verification.
Section 15 requires the chief of police in Manila to conduct similar verification and report to the Director of Constabulary, noting on each license the date of verification.

Government and official firearms exemptions

Section 16 exempts firearms and ammunition regularly and lawfully issued to specified public officials and units when those firearms are possessed for official duties: officers, soldiers, sailors, or marines of the United States Army and Navy, the Constabulary, guards in the employ of the Bureau of Prisons, the police force of the city of Manila, provincial governors, provincial treasurers, and guards of provincial prisoners and jails.
Section 16 limits the exemption to official possession for official duties.

Special permits for certain subordinates

Section 17 authorizes the chief of any bureau of the Insular Government to apply to the Governor-General for a special permit for a subordinate official or employee to possess firearms and ammunition for personal protection in the performance of duties.
Section 17 provides that the Governor-General may issue special permits under terms and conditions he deems proper.

Registration of government firearms (existing owners)

Section 18 requires officers and employees of the Government of the Philippine Islands Registry (as named) and provincial governments who personally own or possess firearms and are not required by law to obtain licenses to register those firearms.
Section 18 directs registration to the senior inspector of Constabulary of the province where they reside, or to the Director of Constabulary in the city of Manila.

Age restriction and guardian authorization

Section 19 prohibits issuance of a license to possess a firearm and ammunition to anyone under twenty-one years of age, unless the duly appointed guardian obtains authority from a court of competent jurisdiction.

Death, legal disability, and immediate turnover

Section 20 provides that on the death or legal disability of the holder of a firearm license, the license becomes null and void.
Section 20 requires the nearest relative, legal representative, or other person who knowingly comes into possession of the firearm and ammunition to forthwith deliver them to the senior inspector of Constabulary in the province or to the Director of Constabulary in Manila.
Section 20 requires that the officers retain the firearms and ammunition pending issuance of a license in accordance with law.
Section 20 imposes a penalty on violation: fine not exceeding five hundred pesos, or imprisonment not exceeding six months, or both, in the court’s discretion.

Surrender option and storage by Bureau

Section 21 allows any person with firearms or ammunition who does not desire to obtain a license to deposit them with the Bureau of Constabulary.
Section 21 requires the Bureau to safely keep and care for the firearms and ammunition and to issue a proper receipt to the owner.
Section 21 requires immediate return to the owner before embarkation upon departure from the Philippine Islands, upon the owner’s request.

Annulment of provisional licenses

Section 22 annuls all provisional licenses for possession of firearms.
Section 22 prohibits issuance of other provisional licenses except in accordance with the Act and the regulations prescribed by the Governor-General.

Effect and validity of existing licenses

Section 23 provides that regular licenses previously issued that have not been revoked or annulled remain valid until the first clay of July, nineteen hundred and eight, unless sooner revoked by the Governor-General.
Section 23 allows renewal under the Act at the face expiration date if the executed bond restricts surety liability by period.
Section 23 provides that licenses issued under the Act remain valid until revoked by authority of the Governor-General.
Section 23 provides that any bond executed to secure safe-keeping and faithful compliance remains in full force and effect until duly canceled.

Imported/unlicensed firearms at ports

Section 24 requires persons arriving at any port of the Philippine Islands with firearms or ammunition for which they have no license to, upon landing, deposit the firearms and ammunition with the collector of customs.
Section 24 directs that if the Governor-General approves the importation, the customs collector transmits the firearms to the Bureau of Constabulary at the port of entry for safe-keeping until a possession license is obtained or until the person’s departure.
Section 24 allows tourists and other persons temporarily visiting to deposit with the customs collector of the port of landing until departure, with the collector required to issue a receipt and return the firearms and ammunition upon departure.
Section 24 authorizes the Governor-General to allow, in lieu of deposit, the Director of Constabulary to issue special hunting permits to such tourists or temporary visitors without requiring bond or deposit as a guarantee.
Section 24 provides that special hunting permits are valid during the temporary sojourn, are nontransferable, and are revocable at the pleasure of the Governor-General.

Possession violations and forfeiture

Section 25 imposes penalties on any person having possession of firearms or ammunition contrary to any provision of the Act: fine not exceeding five hundred pesos, or imprisonment not exceeding six months, or both, in the court’s discretion.
Section 25 authorizes the Governor-General, in discretion, to seize firearms and ammunition and, through proper proceedings, have them declared forfeited to the Insular Government.

Carrying concealed deadly weapons

Section 26 prohibits carrying concealed about a person a bowie knife, dirk, dagger, kris, or other deadly weapon.
Section 26 provides that the prohibition does not apply to firearms when possessed by persons who have secured a license under the Act or are entitled to carry under the Act.
Section 26 imposes penalties on violation: fine not exceeding five hundred pesos, or imprisonment not exceeding six months, or both, in the court’s discretion.

Transfers to local governments and bonds

Section 27 authorizes the Governor-General, in discretion, to authorize the Bureau of Constabulary to sell or transfer firearms and ammunition to provincial and municipal governments under terms and regulations prescribed by the Governor-General.
Section 27 requires that when sale or transfer is for municipal police, the Governor-General must exact from each municipality a suitable bond for safe-keeping of the firearms and ammunition.

Loss of firearms: bond action and relief

Section 28 requires the provincial fiscal (or in Manila, the prosecuting attorney) to institute proper court action for recovery of the amount of the bond or bonds when firearms or ammunition are lost or disappeared from any cause except ammunition lawfully expended.
Section 28 authorizes the Governor-General, in discretion, to relieve a person from liability on the bond or postal savings-bank deposit upon proof satisfactory to the Governor-General that the licensed firearm was destroyed or lost by act of God beyond reasonable chance of recovery by any person and without fault or negligence on the license holder.
Section 28 requires that after each municipal election, a new bond must be executed to ensure safe-keeping by municipal authorities.
Section 28 provides that after execution and approval of the new bond, previously executed bonds for safe-keeping by municipal authorities are deemed canceled.

Disarming municipal police and safe-keeping

Section 29 authorizes the Governor-General to disarm municipal police of any municipality when conditions and circumstances warrant such action.
Section 29 grants provincial governors similar authority to disarm municipal police in their respective provinces.
Section 29 requires a provincial governor who believes there is danger of municipal firearms being lost or captured to require delivery of those firearms for safe-keeping to the Director of Constabulary, who may act through the senior inspector on duty in the province, in compliance with Governor-General directions or on the provincial governor’s request.

Enforcement powers and executive orders

Section 30 authorizes the Governor-General to issue executive orders prescribing the forms and regulations necessary for proper enforcement of the Act’s provisions.

Repeals, effectivity, and expedited passage

Section 31 repeals Section 24 of Act Numbered One hundred and seventy-five, as amended, and all other Acts and parts of Acts inconsistent with the provisions of this Act.
Section 32 expedites passage because the public good requires the speedy enactment, following section two of “An Act prescribing the order of procedure by the Commission in the enactment of laws,” passed September twenty-sixth, nineteen hundred.
Section 33 provides that the Act takes effect on December first, nineteen hundred and seven.