Title
Supreme Court
Comprehensive Firearms and Ammunition Regulation Act
Law
Republic Act No. 10591
Decision Date
May 29, 2013
A Philippine law aims to regulate firearms and ammunition, covering ownership, possession, carrying, manufacture, dealing, and importation, with requirements for licenses, registrations, and penalties for violations.

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.

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