Law Summary
State Policy
- Maintains peace and order and protects citizens against violence.
- Recognizes qualified citizens’ right to self-defense using firearms.
- Seeks to support law enforcement in combating crime and illegal firearms proliferation.
Definitions
- Defines key terms such as firearms, ammunition, antique firearms, arms smuggling, authorized dealers/importers/manufacturers, licensed citizens and juridical entities, types of weapons (small arms, light weapons), permits, firearm parts, gun clubs, gunsmiths, loose firearms, and more.
- Distinguishes between major and minor firearm parts, and defines accessories and imitation firearms.
- Clarifies terms essential for legal interpretation of regulations.
Ownership and Possession
- Applicants must be Filipino citizens at least 21 years old, with gainful occupation or filed income tax return.
- Must provide certification of no crime involving moral turpitude, psychiatric and drug tests, police clearance, and proof of gun safety seminar.
- Licensed juridical entities must be Filipino-owned, duly registered, operational, with tax compliance.
- Licenses for government firearms are exempt from duties and taxes.
- Permit to carry outside residence issued only to persons under actual threat with proof via threat assessment certificate.
- Certain professions are presumed to be at higher risk, e.g. lawyers, medical professionals, media practitioners.
Registration and Licensing
- Licenses issued by the Chief of PNP through the Firearms and Explosives Office (FEO).
- Multiple license types: from Type 1 (maximum 2 firearms) to Type 5 (more than 15 firearms for certified collectors).
- Only small arms may be registered; light weapons restricted to government agencies, with some grandfather provisions.
- Licenses include possession of ammunition (usually up to 50 rounds per firearm).
- Licenses also issued for manufacturers, dealers, and gunsmiths with specific scopes.
- Firearms must be registered upon acquisition.
- Licenses must be renewed every two years; firearm registrations every four years.
- Failure to renew leads to revocation, confiscation, and possible permanent disqualification.
- Inspections of licensed entities’ inventories may be conducted.
Acquisition, Deposit, and Handling of Firearms
- Firearms and ammunition can only be acquired or sold through authorized dealers/importers/manufacturers and only transferred between licensed persons or entities.
- Special provisions for election periods with strict transport and delivery rules.
- Firearms legally possessed abroad by travelers must be deposited for safekeeping during their stay unless licensed.
- Firearms may be deposited for safekeeping by licensees with fees.
- Firearms unclaimed after 5 years are considered abandoned and may be disposed of legally.
- Firearms of deceased or disabled licensees must be delivered to authorities within six months.
- Antique firearms require registration and collector’s license; improper storage or possession is penalized.
Penal Provisions
- Unlawful acquisition or possession of firearms/a mmunition penalized by varying degrees of imprisonment depending on firearm type and conditions (e.g. loaded, fitted with attachments).
- Illegal possession with aggravating factors (loaded, with scope, silencer, etc.) increases penalty by one degree.
- Possession of major parts or ammunition without license also penalized.
- Use of loose firearm in crime is aggravating or may replace penalties for underlying crime.
- Juridical persons responsible for unlawful use by employees may be penalized.
- Carrying firearms outside residence without permit punishable by imprisonment and fines.
- Illegal manufacture, importation, sale of firearms, ammunition, or manufacturing tools subject to severe penalties.
- Arms smuggling punishable by reclusion perpetua.
- Tampering or altering firearm identification details is criminalized.
- Use of imitation firearms in commission of crime treated as use of real firearm.
- Violations carry confiscation and forfeiture of firearms and related materials.
- Planting evidence involving firearms punished severely, with higher penalties for public officials.
Administrative and Enforcement Measures
- Custody and safekeeping of firearms during court proceedings specified; no bond for release allowed.
- Licenses may be revoked or suspended for crimes involving firearms, breaches involving carrying or safekeeping, falsification of documents, drug violations, or court order.
- Failure to report lost or stolen firearms or change of address incurs fines.
- Illegal transfer or registration incurs criminal penalties and disqualification from licensing.
Firearms Records and Final Provisions
- FEO of the PNP is the sole repository of all firearms records.
- Military, law enforcement, government agencies must submit firearms inventories within a year.
- Provides for a final amnesty period of six months for unregistered firearms or expired licenses to be registered or renewed.
- Mandates formulation and publication of implementing rules and regulations within 120 days.
- Repeals inconsistent laws and maintains validity of unaffected provisions even if portions are struck down.
- Takes effect 15 days after publication in national newspapers.