Amnesty and Surrender for Illegal Firearms

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PRESIDENTIAL DECREE NO. 1745: Amnesty and Surrender for Illegal Firearms

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Title Supreme Court: Amnesty and Surrender for Illegal Firearms

Law: Presidential Decree No. 1745

Decision Date: Nov 20, 1980

A law enacted by President Ferdinand E. Marcos allows individuals to surrender unlicensed firearms without facing criminal liability, with the option to apply for a license to possess the surrendered firearm if they meet the qualifications; surrendered firearms that cannot be licensed can be purchased by qualified individuals, firms, or corporations.

unlicensed firearms

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Persons Disqualified from Amnesty

Disqualified are promoters, maintainers, heads or members of rebellious, seditious, or subversive groups.
Those charged or convicted with illegal possession accompanying other offenses are disqualified.

Surrender of Firearms, Ammunition, Explosives

Persons not disqualified may surrender unlicensed firearms, ammunition, or explosives within three (3) months without incurring criminal liability.
Carrying loose or unlicensed contraband outside the residence without prior written transport authorization during the surrender period is prohibited.
Committing other offenses with unlicensed firearms during this period bars protection from prosecution.

Licensing of Surrendered Firearms

Surrenderers may apply for licenses to possess firearms if they meet legal qualifications.

Compensation for Surrendered Firearms

Firearms that cannot be licensed to the surrenderer may be sold to qualified individuals or entities.
Proceeds from the sale are paid to the person who surrendered the firearm.

Amnesty Commissions

Multiple Amnesty Commissions will be created by the Minister of National Defense to evaluate amnesty applications.
Commissions comprise representatives from the Philippine Constabulary (chair), Ministry of Justice, and Judge Advocate General's Office.

Powers and Functions of Amnesty Commissions

Commissions have authority to administer oaths, issue subpoenas, examine case facts, conduct summary hearings.
Their findings form the basis for recommendations to the President on granting or denying amnesty.

Traveling Expenses and Allowances

Commission members are entitled to traveling expenses as per existing laws and a daily allowance of one hundred pesos.

Appropriation

One million pesos (P1,000,000.00) is appropriated from the National Treasury for the decree's implementation.

Rules and Regulations

The Minister of National Defense is empowered to publish necessary rules for effective enforcement.

Effectivity

The decree takes effect immediately as of its promulgation date.

END