Comprehensive Firearms and Ammunition Regulation Act

Definitions and covered subject matter

Section 3 defines Accessories, Ammunition, Antique firearm, Arms smuggling, Authority to import, Authorized dealer, Authorized importer, Authorized manufacturer, Confiscated firearm, Demilitarized firearm, Duty detail order, Firearm, Firearms Information Management System (FIMS), Forfeited firearm, Gun club, Gunsmith, Imitation firearm, Licensed citizen, Licensed, juridical entity, Light weapons (including Class-A and Class-B), Long certificate of registration, Loose firearm, Major part or components of a firearm, Minor parts of a firearm, Permit to carry firearm outside of residence, Permit to transport firearm, Residence, Shooting range, Short certificate of registration, Small arms, Sports shooting competition, Tampered, obliterated or altered firearm, and Thermal weapon sight.
A Firearm includes any handheld or portable weapon designed to expel a projectile by expansive force of gases, and for purposes of the Act the barrel, frame, or receiver is considered a firearm (Section 3).
A Permit to carry firearm outside of residence is a written authority issued to a licensed citizen entitling the carrying of a registered or lawfully issued firearm outside residence for the specified duration and purpose (Section 3).
Loose firearm covers unregistered firearms, obliterated or altered firearms, lost or stolen firearms, illegally manufactured firearms, registered firearms held by persons other than the licensee, and firearms under revoked licenses (Section 3).
Arms smuggling covers unauthorized import/export/acquisition/sale/delivery/movement/transfer of firearms, parts/components, and ammunition across borders not authorized in domestic law of one or both countries (Section 3).

Licensing standards and qualification rules

To qualify to acquire a license to own and possess firearms and ammunition, an applicant must be a Filipino citizen, at least 21 years old, and have gainful work/occupation/business or have filed an Income Tax Return (ITR) for the preceding year as proof of income, profession, business, or occupation (Section 4).
Section 4 requires certifications that the applicant has not been convicted of any crime involving moral turpitude, has passed psychiatric test by a PNP-accredited psychologist or psychiatrist, has passed drug test conducted by an accredited and authorized drug testing laboratory or clinic, has passed gun safety seminar administered by the PNP or by a registered and authorized gun club, has filed in writing an application stating personal circumstances, has a police clearance from the city or municipality police office, and has not been convicted or is currently an accused in a pending criminal case punishable by a penalty of more than 2 years (Section 4).
Section 4 provides that an acquittal or permanent dismissal qualifies the accused to apply and acquire a license.
Applicants must pay reasonable licensing fees as provided in the implementing rules (Section 4).
An applicant intending to possess a firearm owned by a juridical entity must submit a duty detail order to the FEO of the PNP (Section 4).

Juridical and government ownership

A juridical person maintaining its own security force may be issued a regular license to own and possess firearms and ammunition if it is Filipino-owned and duly registered with the SEC, current, operational, and a continuing concern, has completed and submitted SEC reportorial requirements, and has paid income taxes for the year as certified by the Bureau of Internal Revenue (Section 5).
The application for the juridical entity is made in the name of the juridical person represented by its President or other eligible officers as authorized in a board resolution, and the representative officer must possess the same qualifications required of a citizen applicant (Section 5).
Other eligible corporate officers are the Vice President, Treasurer, and Board Secretary (Section 5).
Security agencies and LGUs are included as licensed holders but are subject to additional requirements that may be required by the Chief of the PNP (Section 5).
All firearms owned by the National Government must be registered with the FEO of the PNP in the name of the Republic of the Philippines, and that registration is exempt from duties and taxes applicable to other authorized owners (Section 6).
For national security, firearms of the AFP, Coast Guard, and other law enforcement agencies are reported to the FEO of the PNP, rather than fully registered in the name of an individual (Section 6).

Carrying outside residence and permits

A permit to carry firearms outside of residence is issued by the Chief of the PNP or a duly authorized representative to a qualified person whose life is under actual threat or is in imminent danger due to the nature of profession, occupation, or business (Section 7).
The applicant bears the burden of proving actual threat by submitting a threat assessment certificate from the PNP (Section 7).
The law deems certain professionals in imminent danger, including Members of the Philippine Bar, Certified Public Accountants, Accredited Media Practitioners, Cashiers and Bank Tellers, Priests/Ministers/Rabbi/Imams, Physicians and Nurses, Engineers, and Businessmen exposed to high risk targets by the nature of business (Section 7).

Registration, license types, and ammunition limits

The Chief of the PNP, through the FEO of the PNP, issues licenses to qualified individuals and causes the registration of firearms (Section 8).
Licenses to individuals are issued in types with firearm-count limits:
- Type 1: up to 2 registered firearms;
- Type 2: up to 5 registered firearms;
- Type 3: up to 10 registered firearms;
- Type 4: up to 15 registered firearms;
- Type 5: for a certified gun collector, more than 15 registered firearms (Section 9).
For Types 1 to 5, the law requires a vault or container secured by lock and key or other security measures for safekeeping (Section 9).
For Types 3 to 5, the citizen must comply with inspection and bond requirements (Section 9).
Only small arms may be registered by licensed citizens or licensed juridical entities for ownership, possession and concealed carry (Section 10).
Light weapons are lawfully acquired or possessed exclusively by the AFP, PNP, and other law enforcement agencies authorized by the President in the performance of duties (Section 10).
Private individuals holding licenses to possess Class-A light weapons upon the Act’s effectivity retain the privilege to continue possessing and renewing those licenses, without deprivation solely because the firearms are Class-A light weapons, and they must comply with other applicable provisions (Section 10).
Licensed citizens and licensed juridical entities must register firearms they purchase with the FEO of the PNP in accordance with the type of license; a certificate of registration issues upon payment of reasonable fees (Section 11).
Registration is defined for the Act as the application, approval, record-keeping, and monitoring with the FEO of the PNP in accordance with the type of license (Section 11).
Licenses to possess firearms include a license to possess ammunition with a maximum of 50 rounds per registered firearm, subject to possible allowance of more ammunition for licensed sports shooters by the FEO of the PNP (Section 12).

Manufacturing and dealing licenses

A person who intends to manufacture firearms, parts, ammunition, or related instruments/implements must apply to the Secretary of the DILG for a manufacturing license, while a person who intends to deal in firearms (and parts), ammunition, or gun repair applies to the Chief of the PNP for a dealing license (Section 13).
Applicants must state capitalization (for manufacture) or cost of purchase and sale (for dealing), and the types of firms/ammunition/implements intended to manufacture or trade, plus other information requested by the Secretary of the DILG or the Chief of the PNP (Section 13).
The Secretary of the DILG or Chief of the PNP may approve or disapprove using prescribed guidelines, and upon approval they indicate the bond amount and the period of time the license will be effective unless sooner revoked (Section 13).
After approval, the matter is transmitted to the FEO of the PNP, which issues the license upon execution and delivery of the bond conditioned on faithful compliance with laws and regulations governing the business (Section 13).
The scope of a License to Manufacture includes authorization to manufacture and assemble firearms, ammunition, spare parts and accessories, ammunition components, and reloading within the sites/areas/factories stated, with approval by the Secretary of the DILG (Section 14).
A manufacturing license includes a license to deal in or sell all items covered by the manufacturing license (Section 14).
A manufacturing license authorizes subcontracting manufacturing of parts and accessories necessary for the manufacturer’s licensed firearms, but any subcontractor of major parts or major components must also be licensed to manufacture firearms and ammunition (Section 14).
A manufacturing license authorizes importation of machinery, equipment, and firearm parts and ammunition components for manufacture, limited to those authorized by the approved manufacturing license; firearm parts and ammunition components’ import permit is administered by the PNP (Section 14).
Ammunition manufacturers may import reference firearms needed to test ammunition; firearm manufacturers may import firearms for reference, test, and evaluation for similar firearm types under the manufacturing license (Section 14).
Export permits are required to export manufactured parts or finished products, and the export permit for firearms and ammunition is administered by the PNP (Section 14).
Local manufacturers and importers must register firearms and major parts:
- For locally manufactured firearms and major parts, initial registration is at the manufacturing facility; firearms intended for export are not subjected to ballistic identification procedures (Section 15).
- For imported firearms and major parts, registration occurs upon arrival at the FEO of the PNP storage facility (Section 15).
A License to Deal authorizes purchase, sale, and general business handling of firearms and ammunition, major and minor parts, accessories, spare parts, components, and reloading machines, and it is issued by the Chief of the PNP (Section 16).
A Gunsmith license authorizes repair of registered firearms; it includes customization from finished or manufactured parts on a per-order basis (not in commercial quantities) and making minor parts (pins, triggers, trigger bows, sights, and similar) only for the purpose of repairing the registered firearm; it is issued by the Chief of the PNP (Section 17).

Sports transport, renewal, inspection rules

A qualified individual must apply for a permit to transport registered firearm(s) from residence to firing ranges and competition sites as warranted (Section 18).
Licenses to possess a firearm must be renewed every 2 years; failure to renew on or before expiration revokes the license and the registration of the firearms under the licensee (Section 19).
Firearm registration must be renewed every 4 years; failure to renew on or before expiration revokes the firearm’s license, and the firearm is confiscated or forfeited in favor of the government after due process (Section 19).
Failure to renew a license or registration within the stated periods on two (2) occasions perpetually disqualifies the holder from applying for any firearm license (Section 19).
Renewal applications for license/registration may be submitted to the FEO of the PNP within 6 months before the expiration date (Section 19).
The Chief of the PNP or authorized representative may require reports and inspect or examine inventories and records of a licensed manufacturer, dealer, or importer during reasonable hours (Section 20).

Acquisition, deposits, safekeeping, and antique firearms

Firearms and ammunition may be acquired or purchased only from authorized dealers, importers, or local manufacturers, and transfers or sales may occur only from a licensed citizen or licensed juridical entity to another licensed citizen or licensed juridical entity (Section 21).
During election periods, sale and registration of firearms and ammunition and issuance of corresponding licenses to citizens are allowed only if transport or delivery strictly complies with issuances, resolutions, rules, and regulations promulgated by the Commission on Elections (Section 21).
A person arriving in the Philippines who is legally in possession of a firearm or ammunition in the country of origin must declare it upon embarkation and disembarkation and, if the firearm is not registered in the Philippines, must deposit it upon written receipt with the Collector of Customs for delivery to the FEO of the PNP for safekeeping, or for issuance of a permit to transport if the person is a competitor in a sports shooting competition (Section 22).
If importation is allowed and the person desires to obtain a domestic firearm license, acquisition must be undertaken under the provisions of the Act; if no license is desired or leave to import is not granted, the firearm or ammunition remains in the custody of the FEO of the PNP until disposed of according to law (Section 22).
Upon departure from the Philippines, firearms or ammunition in the custody of the FEO of the PNP are delivered, upon timely request, to the person through the Collector of Customs; for local sports shooting competition participants, the firearm must be presented to the Collector of Customs before loading on board the carrier (Section 23).
A licensee may deposit a registered firearm with the FEO of the PNP or any Police Regional Office for safekeeping, and reasonable storage fees apply (Section 24).
Firearms or ammunition deposited in the FEO of the PNP are deemed abandoned if the owner (or authorized representative) fails to reclaim within 5 years or fails to advise the FEO of the PNP of the disposition; the FEO of the PNP may dispose of them after compliance with established procedures (Section 25).
Upon the death or legal disability of a license holder, the next of kin, nearest relative, legal representative, or other person who knowingly comes into possession must deliver the firearm or ammunition to the FEO of the PNP or Police Regional Office; the police custodian retains it pending issuance of a license and registration under the Act (Section 26).
Failure to deliver within 6 months after death or legal disability renders the possessor liable for illegal possession (Section 26).
Any person possessing an antique firearm must register it and secure a collector’s license from the FEO of the PNP, and must comply with strict proper storage; noncompliance is treated as illegal possession penalized under the Act (Section 27).

Crimes and penalties for firearm violations

Unlawful acquisition or possession of firearms and ammunition is punished by penalties depending on the firearm type and circumstances:
- Small arm: prision mayor in its medium period;
- 3 or more small arms or Class-A light weapons: reclusion temporal to reclusion perpetua;
- Class-A light weapon: prision mayor in its maximum period;
- Class-B light weapon: reclusion perpetua (Section 28).
Section 28 imposes a penalty one degree higher than the penalties in the relevant paragraphs when a person unlawfully possesses a firearm under conditions including it being loaded with ammunition or with a loaded magazine; fitted or mounted with laser guidance or thermal weapon sight (TWS); fitted or mounted with sniper scopes, firearm muffler, or firearm silencer; accompanied with an extra barrel; or converted to fire full automatic bursts.
Section 28 punishes major/minor components and ammunition unlawfully possessed:
- Major part of a small arm: prision mayor in its minimum period;
- Ammunition for a small arm: prision mayor in its minimum period (absorbed by the small arm violation if committed by the same person);
- Major part of a Class-A light weapon: prision mayor in its medium period;
- Ammunition for a Class-A light weapon: prision mayor in its medium period (absorbed by the Class-A light weapon violation if committed by the same person);
- Major part of a Class-B light weapon: prision mayor in its maximum period;
- Ammunition for a Class-B light weapon: prision mayor in its maximum period (absorbed if committed by the same person) (Section 28).
Use of loose firearm in commission of a crime is treated as an aggravating circumstance, with additional rules:
- If the maximum penalty for the crime committed with the loose firearm is lower than the penalty for illegal possession in Section 28, the penalty for illegal possession is imposed in lieu of the crime’s penalty;
- If the maximum penalty equals the illegal possession penalty, prision mayor in its minimum period is imposed in addition to the crime’s penalty (Section 29).
When the Act violation is in furtherance of, incident to, or connected with rebellion, insurrection, or attempted coup d’état, the firearms violation is absorbed as an element of those crimes; when committed without using the loose firearm, the Act violation is a distinct and separate offense (Section 29).
Liability of juridical person: the penalty of prision mayor in its minimum period to prision mayor in its medium period applies to the owner, president, manager, director, or other responsible officer of/any public or private firm, company, corporation, or entity that willfully or knowingly allows use of its firearms by persons guilty of the preceding section, or willfully or knowingly allows use of unregistered firearms or firearms carried outside residence without authority in course of employment (Section 30).
Carrying outside residence without permit: prision correccional and a fine of PHP 10,000.00 apply to persons licensed to own a firearm who carry the registered firearm outside residence without legal authority (Section 31).
Unlawful manufacture/importation/sale/disposition: engaging in unlawful manufacture, importation, sale, or disposition of a firearm or ammunition (or major part) or machinery/tool/instrument intended for manufacture carries reclusion temporal to reclusion perpetua; possession of manufacturing machinery/tools/instruments by persons whose business/employment does not lawfully deal with such possession is prima facie evidence of intended unlawful manufacture (Section 32).
Employee dealing in parts: prision mayor in its minimum period to prision mayor in its medium period applies to a laborer/worker/employee of a licensed firearms dealer who unlawfully takes, sells, or disposes of parts/materials used by the company in manufacture/sale, and the buyer/possessor who is aware the parts/materials were stolen suffers the same penalty (Section 32).
If the offense is by a corporation or juridical entity, the penalty applies to directors, officers, employees, or officials who knowingly and willingly participated (Section 32).
Arms smuggling: reclusion perpetua applies to any person who engages or participates in arms smuggling as defined in the Act (Section 33).
Tampering/obliteration/alteration of identification: prision correccional to prision mayor in its minimum period applies to persons who tamper/obliterate/alter without authority a firearm’s barrel/slide/frame/receiver/cylinder/bolt assembly or replace without authority those identifying characteristics essential in forensic examination (Section 34).
The PNP must place identification information into the database of the integrated firearms identification system of the PNP Crime Laboratory for future use and identification (Section 34).
Imitation firearms: an imitation firearm used in a crime is treated as a real firearm for purposes of punishment under the Act; injuries during competitions/sports/games/recreation involving imitation firearms are not punishable under the Act (Section 35).
In custodia legis: seized firearms, ammunition/parts, machinery/tools/instruments remain with the court during the pendency of the case; if the court finds inadequate safe keeping, it orders turnover to the PNP Crime Laboratory and production when ordered; no bond is admitted for release; violation is punishable by prision mayor in its minimum period to prision mayor in its medium period (Section 36).
Confiscation and forfeiture: every penalty under the Act carries the accessory penalty of confiscation and forfeiture of the firearm/ammunition/parts/machinery/tools/instruments in favor of the government, disposed of according to law (Section 37).
Planting evidence: prision mayor in its maximum period applies to a person who willfully and maliciously inserts/places/attaches firearms/ammunition/parts in the person/house/effects/immediate vicinity of an innocent individual to implicate or incriminate; if the guilty person is a public officer or employee, reclusion perpetua applies (Section 38).
Revocation/cancellation/suspension: the Chief of the PNP may revoke/cancel/suspend a license or permit on grounds including commission of a crime involving firearm/ammunition/major parts; conviction for moral turpitude or any offense with imprisonment of more than 6 years; loss through negligence; carrying outside residence/workplace without proper permit; carrying in prohibited places; dismissal for cause of government officials/employees; commission of acts penalized under Republic Act No. 9165; submission of falsified documents/misrepresentation; noncompliance with reportorial requirements; or by virtue of a court order (Section 39).
Failure to notify lost or stolen firearm: a fine of PHP 10,000.00 applies when a licensed holder fails to report loss or theft to the FEO within 30 days from discovery (Section 40).
Failure to notify address change: a fine of PHP 5,000.00 applies when a licensed holder changes residence or office address other than indicated in the license card and fails to notify the FEO within 30 days from the transfer (Section 40).
Illegal transfer/registration:
- Transferring possession to any person who has not yet obtained necessary license/permit is unlawful;
- prision correccional applies to violators;
- violators are disqualified to apply for any license to possess other firearms, and all existing firearms licenses (for commerce or possession) are revoked;
- if government-issued firearms/ammunition/major parts/light weapons are unlawfully disposed/sold/transferred by a law enforcement agent or public officer to private individuals, reclusion temporal applies;
- any public officer/employee or person facilitating firearm registration through fraud/deceit/misrepresentation/falsified documents is punishable by prision correccional (Section 41).

Repository, amnesty, and implementation rules

The FEO of the PNP is the sole repository of all firearms records, including imported and locally manufactured firearms and ammunition (Section 42).
Within 1 year upon approval of the Act, all military and law enforcement agencies, government agencies, LGUs, and government-owned or -controlled corporations must submit an inventory of all firearms and ammunition to the PNP (Section 42).
A Final General Amnesty allows persons possessing unregistered firearms and holders of expired license or unregistered firearms to register and renew through the Final General Amnesty within 6 months from the promulgation of the implementing rules and regulations (Section 43).
During the interim 6 months, no person applying for license is charged any delinquent payment accruing to the firearm subject for registration (Section 43).
The PNP must conduct an intensive nationwide campaign to inform the public of the Act’s provisions (Section 43).
The Chief of the PNP must issue implementing rules within 120 days from effectivity, after public hearings and consultation with concerned sectors, and must publish them in at least 2 national newspapers of general circulation (Section 44).

Repeals, separability, and effectivity

Republic Act No. 10591 repeals Sections 1, 2, 5, and 7 of Presidential Decree No. 1866, as amended, and Section 6 of Republic Act No. 8294, and all other laws, executive orders, letters of instruction, issuances, circulars, administrative orders, rules, or regulations inconsistent with the Act (Section 45).
The Act includes a separability clause: if any provision or part is held invalid or unconstitutional, the remainder remains valid and subsisting (Section 46).
The Act’s effectivity is 15 days after publication in a newspaper of nationwide circulation (Section 47).