Penalties for Firearms, Ammunition, Instruments
- Section 1 provides that the penalty of inclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who unlawfully manufactures, deals in, acquires, disposes, or possesses any covered firearm-related items and manufacturing instruments.
- Section 1 mandates death when homicide or murder is committed with an unlicensed firearm.
- Section 1 mandates death when the violation is in furtherance of, incident to, or in connection with the crimes of rebellion, insurrection or subversion.
- Section 1 imposes reclusion temporal in its maximum period to reclusion perpetua on the owner, president, manager, director, or other possible officer of a public or private firm, company, corporation or entity who willfully or knowingly allows firearms owned by the entity to be used by persons guilty under the preceding paragraphs.
- Section 1 imposes prision mayor on any person who carries any licensed firearm outside his residence without legal authority.
Presumptions on Illegal Manufacture
- Section 2 establishes a prima facie evidence presumption that any person intends illegal manufacture when that person possesses any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, and the person’s business or employment does not lawfully deal with the manufacture of firearms or ammunition.
- Section 4 establishes a prima facie evidence presumption that any person intends illegal manufacture when that person possesses any machinery, tool or instruments directly used in the manufacture of explosives, and the person’s business or employment does not lawfully deal with the manufacture of explosives.
Penalties for Explosives and Related Offenses
- Section 3 provides that the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed for unlawful manufacture, assembly, dealing, acquisition, disposition, or possession of the enumerated explosives and incendiary devices.
- Section 3 provides death as the penalty when the crimes defined in the Revised Penal Code or special laws are committed with the use of the aforementioned explosives, detonation agents or incendiary devices, and the use results in the death of one or more persons.
- Section 3 mandates death when the violation is in furtherance of, incident to, or in connection with the crimes of rebellion, insurrection or subversion.
- Section 3 imposes reclusion temporal in its maximum period to reclusion perpetua on the owner, president, manager, director, or other possible officer of any public or private firm, company, corporation or entity who willfully or knowingly allows explosives owned by the entity to be used by persons guilty under the preceding paragraphs.
Firearm Serial Number Tampering and Explosive Alteration
- Section 5 imposes prision mayor on any person who unlawfully tamper, change, deface, or erase the serial number of any firearm.
- Section 6 imposes prision mayor on any person who unlawfully repack, alter, or modify the composition of any lawfully manufactured explosives.
Unauthorized Carry Outside Residence Authority
- Section 7 imposes prision correccional on any person, civilian or military, who issues authority to carry a firearm and/or ammunition outside of residence without authority.
Implementation Through Constabulary Rules
- Section 8 directs that the Chief of the Philippine Constabulary shall promulgate the rules and regulations for the effective implementation of the Decree.
Repeal and Effectivity
- Section 9 repeals, amends, or modifies Republic Act No. 4, Presidential Decree No. 9, Presidential Decree No. 1728, and all laws, decrees, orders, instructions, rules and regulations inconsistent with the Decree.
- Section 10 provides that the Decree takes effect after fifteen (15) days following the completion of its publication in the Official Gazette.
Title, Issuance, Date, and Issuer
- The Decree is Presidential Decree No. 1866 with the title “CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES.”
- It was issued on June 29, 1983.
- It was issued by FERDINAND E. MARCOS, President of the Philippines.
- It takes effect under Section 10 after the required publication period.