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Chapter 4 Salient Features RA10591

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0% found this document useful (0 votes)
63 views

Chapter 4 Salient Features RA10591

Uploaded by

crisjunmark03
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Salient features of RA 10591

An Act Providing for a Comprehensive Law on


Firearms and Ammunition and Providing
Penalties for Violations Thereof; or the
Comprehensive Firearms and Ammunition
Regulation Act

Virgilio C. Pagao Jr. RCrim


What is the Purpose of this Act?
Comprehensive Firearms and Ammunition Regulation
Act

It is the policy of the State to maintain peace and


order and protect the people against violence. The State
also recognizes the right of its qualified citizens to self-
defense through the use of firearms – only when it is the
reasonable means to repel the unlawful aggression
under the circumstances.
Firearm
Firearm refers to any handheld or portable
weapon, whether a small arm or light weapon,
that expels or is designed to expel a bullet, shot,
slug, missile or any projectile, which is
discharged by means of expansive force of gases
from burning gunpowder or other form of
combustion or any similar instrument or
implement.
Two Categories
of Firearms
Light Weapons Class-B
Class-A Light weapons which
refer to weapons designed
Light weapons which refer
for use by two (2) or more
to self-loading pistols, rifles
persons serving as a crew,
and carbines, submachine
or rifles and machine
guns, assault rifles and light
guns exceeding caliber
machine guns not
7.62MM and mortars of a
exceeding caliber 7.62MM
caliber of less than
which have fully
100mm.
automatic mode;
Small Arms
Firearms intended to be or primarily designed
for individual use or that which is generally
considered to mean a weapon intended to be
fired from the hand or shoulder, which are not
capable of fully automatic burst of discharge.
Handgun : Pistol, Revolver
Shoulder Arm: Rifle, Shotgun
Requisites to Qualify and Acquire a
License to Own and Possess a Firearm or
Firearms and Ammunition
 Filipino Citizen
 At least twenty-one (21) years old
 and has gainful work, occupation or business
or has filed an Income Tax Return (ITR) for
the preceding year as proof of income,
profession, business or occupation.
Additional Requirement
• Has not been convicted of any crime involving
moral turpitude:
• Has passed the psychiatric test administered by a
PNP-accredited psychologist or psychiatrist;
• Has passed the drug test conducted by an accredited
and authorized drug testing laboratory or clinic;
• Has passed a gun safety seminar which is
administered by the PNP or a registered and
authorized gun club;
Additional Requirement
 Has filed in writing the application to possess
a registered firearm which shall state the
personal circumstances of the applicant;
 Must present 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 before any
court of law for a crime that is punishable with
a penalty of more than two (2) years.
The following professionals are considered to be in
imminent danger due to the nature of their profession,
occupation or business:

(a) Members of the Philippine Bar;


(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or
undertaking, are exposed to high risk of being targets of criminal
elements.
Registration and Licensing
of Firearms, Acquisition,
Deposit of Firearms,
Abandoned, and Antique
Firearms
Registration and Licensing
 How can you lawfully acquire
Firearm?
Register!!!
For purposes of this Act, registration refers to the
application, approval, record-keeping and monitoring of
firearms with the FEO of the PNP in accordance with
the type of license issued to any person under Section 9
of this Act.
Firearms That May Be Registered.
Only small arms may be registered by licensed citizens
or licensed juridical entities for ownership, possession
and concealed carry. Licensed juridical entity:
Corporations, organizations, businesses, including
security agencies and local government units, which are
licensed to own and possess firearms in accordance
with this Act.
Firearms That May Be Registered.
A light weapon shall be lawfully acquired or
possessed exclusively by the AFP, the PNP and
other law enforcement agencies authorized by
the President in the performance of their duties.
How to register firearms?
 Comply with requirements
 Pay required fees
 Get certificate of registration

SEC. 11. Registration of Firearms. – The licensed citizen or


licensed juridical entity shall register his/her/its firearms so
purchased with the FEO of the PNP in accordance with the type
of license such licensed citizen or licensed juridical entity
possesses. A certificate of registration of the firearm shall be
issued upon payment of reasonable fees.
How to register firearms?
 Comply with requirements
 Pay required fees
 Get certificate of registration

SEC. 11. Registration of Firearms. – The licensed citizen or


licensed juridical entity shall register his/her/its firearms so
purchased with the FEO of the PNP in accordance with the type
of license such licensed citizen or licensed juridical entity
possesses. A certificate of registration of the firearm shall be
issued upon payment of reasonable fees.
SEC. 12. License to Possess Ammunition
Necessarily Included.
License granted include license to possess
ammunition with maximum of fifty (50) rounds
for each registered firearms.

Provided; that of you’re a license sports shooter


the FEO of the PNP may allow more
ammunition to be possessed by licensed sports
shooters.
For Sports and Competitions:

A qualified person shall apply for a Permit to


Transport his registered firearm from his
residence to the firing range and competition
series sites.
How long is the validity of the registration
and license:

 License to possess firearms shall be renewed


in two (2) years.
 In case of failure to renew before date of
expiration, license and registration of the
firearms shall be REVOKED.
How long is the validity of the registration
and license:
 The registration of the firearm shall be
renewed every four (4) years, failure to renew
before the expiration date shall result to the
revocation of license of firearm.
 The said firearm shall be confiscated in favor
of the government after due process.
How long is the validity of the registration
and license:
Note:
If the failure to renew of the two licenses
happens in two occasions, the holder of the
firearm CANNOT FILE for any firearms license
perpetually.
How many licenses can be applied for?

• Subject to the requirements set forth in this Act


and payment of required fees to be determined
by the Chief of the PNP, a qualified individual
may be issued the appropriate license under
the following categories:
How many licenses can be applied for?

Type 1 license – maximum of 2 firearms


Type 2 license – maximum of 5
Type 3 license – maximum of 10
Type 4 license -maximum of 15
Type 5 license – allows a citizen, who is a
certified gun collector, to own and possess more
than 15 firearms
Application and Renewal of License;
 The application and renewal of license shall be
done in six months before the date of
expiration.
ARTICLE IV

ACQUISITION, DEPOSIT
OF FIREARMS,
ABANDONED,
DEMILITARIZED AND
ANTIQUE FIREARMS
SEC. 21. Acquisition or Purchase and Sale of Firearms
and Ammunition.

 Firearms and ammunition may only be acquired or


purchased from authorized dealers, importers or local
manufacturers and may be transferred or sold only
from a licensed citizen or licensed juridical entity to
another licensed citizen or licensed juridical entity:
SEC. 22. Deposit of Firearms by Persons Arriving
From Abroad.

 A person arriving in the Philippines who is legally in


possession of any firearm or ammunition in his/her
country of origin and who has declared the existence
of the firearm upon embarkation and disembarkation
but whose firearm is not registered in the Philippines
in accordance with this Act shall deposit the same
upon written receipt with the Collector of Customs
for delivery to the FEO of the PNP for safekeeping
SEC. 22. Deposit of Firearms by Persons Arriving
From Abroad.

 He can apply for the issuance of permit to transport if


he is a competitor in a sports shooting competition.
 SEC. 23. Return of Firearms to Owner upon
Departure from the Philippines. – Upon the departure
from the Philippines of any person whose firearm or
ammunition is in the custody of the FEO of the PNP,
the same shall, upon timely request, be delivered to
the person through the Collector of Customs.
You want to keep your firearms safe? You can
do so…
 SEC. 24. Safekeeping of Firearms and Ammunition. –
Any licensee may deposit a registered firearm to the
FEO of the PNP, or any Police Regional Office for
safekeeping. Reasonable fees for storage shall be
imposed.
 However; a firearms or ammunition when not reclaimed
by the owner or his or her authorized representative
within five (5) years is considered abandoned.
 Then, it shall be disposed in compliance with
established procedures.
What if the registered owner of the firearm
died?
 The firearm shall be delivered to the FEO of the PNP
or Police Regional Office.
 Shall be retained by the police custodian while the
license and registration is pending.
 Failure to deliver the firearm or ammunition within 6
months after the death of the previous licensee shall
make the possessor liable for illegal possession of the
firearm.
What if you want to keep an antique firearm?

 Register it; and


 Secure a collectors license.
 Proper storage of antique firearms shall be strictly
imposed
In case of non-compliance, it shall be considered as
ILLEGAL POSSESSION OF THE FIREARM and will
be penalized.
ARTICLE V

PENAL
PROVISIONS
(Punishable Acts)
The Penalty Depends Upon

 Whether the firearm is a small arm or class A or B


weapon
 The number of weapons possessed
 Whether the thing possessed is a part of firearm or
ammunition.
SEC. 28. Unlawful Acquisition, or Possession of
Firearms and Ammunition
 The unlawful acquisition, possession of firearms and
ammunition committed by any person who shall
unlawfully acquire or possess shall be penalized as
follows:

 The penalty of prision mayor in its medium period (8


years and 1 day – 10 years) shall be imposed upon
any person who shall unlawfully acquire or possess a
small arm;
SEC. 28. Unlawful Acquisition, or Possession of
Firearms and Ammunition
 The penalty of reclusion temporal to reclusion
perpetua shall be imposed if three (3) or more small
arms or Class-A light weapons are unlawfully
acquired or possessed by any person.
 The penalty of prision mayor in its maximum period
(10 years and 1 day – 12 years) shall be imposed
upon any person who shall unlawfully acquire or
possess a Class-A light weapon;
SEC. 28. Unlawful Acquisition, or Possession of
Firearms and Ammunition
(d) The penalty of reclusion perpetua shall be imposed
upon any person who shall, unlawfully acquire or
possess a Class-B light weapon;
(e) The penalty of one (1) degree higher than that
provided in paragraphs (a) to (c) in this section shall be
imposed upon any person who shall unlawfully possess
any firearm under any or combination of the following
conditions:
SEC. 28. Unlawful Acquisition, or Possession of
Firearms and Ammunition
(1) Loaded with ammunition or inserted with a loaded
magazine;
(2) Fitted or mounted with laser or any gadget used to
guide the shooter to hit the target such as thermal
weapon sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes, firearm
muffler or firearm silencer;
(4) Accompanied with an extra barrel; and
(5) Converted to be capable of firing full automatic
bursts.
SEC. 28. Unlawful Acquisition, or Possession of
Firearms and Ammunition
f) The penalty of prision mayor in its minimum period (6 years
and 1 day to 8 years) shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall


be imposed upon any person who shall unlawfully acquire or
possess ammunition for a small arm or Class-A light weapon.
If the violation of this paragraph is committed by the same
person charged with the unlawful acquisition or possession of
a small arm, the former violation shall be absorbed by the
latter;
SEC. 28. Unlawful Acquisition, or Possession of
Firearms and Ammunition
(h) The penalty of prision mayor in its medium period
(8 years and 1 day to 10 years) shall be imposed upon
any person who shall unlawfully acquire or possess a
major part of a Class-A light weapon;
(i) The penalty of prision mayor in its medium period (8
years and 1 day to 10 years) shall be imposed upon any
person who shall unlawfully acquire or possess
ammunition for a Class-A light weapon.
SEC. 28. Unlawful Acquisition, or Possession of
Firearms and Ammunition
(j) The penalty of prision mayor (10 years and 1 day to
12 years) in its maximum period shall be imposed upon
any person who shall unlawfully acquire or possess a
major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period
10 years and 1 day to 12 years) shall be imposed upon
any person who shall unlawfully acquire or possess
ammunition for a Class-B light weapon.
Are you wondering what is Lose Firearm (RA
10591)
 Unregistered
 Obliterated or Altered Firearm
 Lost or Stolen
 Illegally Manufactured Firearm
 Registered firearm in the possession of an individual
other than the licensee and those with revoked
licenses.
Use of an IMITATION FIREARM

 SEC. 35. Use of an Imitation Firearm , The use of an


imitation firearm in the commission of the crime shall
be considered a real firearm and the person who
committed the crime shall be punished according to
the law.
What about the injuries caused in the occasion in
the conduct of competitions, sports, games, or any
recreational activities involving imitation firearms

 Well, it is not punishable under RA 10591


 SEC. 35. Use of an Imitation Firearm , That injuries
caused on the occasion of the conduct of
competitions, sports, games, or any recreation
activities involving imitation firearms shall not be
punishable under this Act.
Carrying Registered Firearm outside residence
without a permit to carry
 SEC. 31. Absence of Permit to Carry Outside of
Residence. – The penalty of prision correccional (6
months and 1 day – 6 years) and a fine of Ten
thousand pesos (P10,000.00) shall be imposed upon
any person who is licensed to own a firearm but who
shall carry the registered firearm outside his/her
residence without any legal authority therefor.
Arm Smuggling

 Do you know Arms smuggling refers to the import,


export, acquisition, sale, delivery, movement or
transfer of firearms, their parts and components and
ammunition, from or across the territory of one
country to that of another country which has not been
authorized in accordance with domestic law in either
or both country/countries.
Arm Smuggling

 You will be punished of:

 SEC. 33. Arms Smuggling. – The penalty of reclusion


perpetua shall be imposed upon any person who shall
engage or participate in arms smuggling as defined in
this Act.
End of Slides
• Confiscated firearm: A firearm that is taken into
custody by the PNP, National Bureau of
Investigation, Philippine Drug Enforcement Agency
(PDEA) and all other law enforcement agencies.
• Confiscated firearm: A firearm that is seized by the
PNP, NBI, PDEA and all other law enforcement
agencies.
• Licensed juridical entity: Corporations,
organizations, businesses, including security
agencies and local government units, which are
licensed to own and possess firearms in
accordance with this Act.
• What may be licensed by qualified citizens or
licensed juridical entities: Only small arms.
• How can one retain ownership of high-powered
firearms? Registration of unregistered firearms and
renewal of expired licenses, through a final general
amnesty, without making any delinquent payment
and facing a penalty. Private individuals who
already have licenses to possess Class A light
weapons shall not be deprived of the privilege to
continue possessing the same and renewing the
license
• Possession of ammunition: License to possess up to
50 rounds for each registered firearm
• How many licenses can be applied for?
• Subject to the requirements set forth in this
Act and payment of required fees to be
determined by the Chief of the PNP, a
qualified individual may be issued the
appropriate license under the following
categories:
• Type 1 license – maximum of 2 firearms
• Type 2 license – maximum of 5
• Type 3 license – maximum of 10
• Type 4 license -maximum of 15
• Type 5 license – allows a citizen, who is a
certified gun collector, to own and possess
more than 15 firearms
• Penal provisions: If the violation of this Act is
in furtherance of, or incident to, or in
connection with the crime of rebellion or
insurrection, or attempted coup d’etat, such
violation shall be absorbed as an element of
the crime of rebellion or insurrection, or
attempted coup d’etat.
Final amnesty: Persons in possession of
unregistered firearms and holders of expired
license or unregistered firearms shall register
and renew the same through the final general
amnesty within six months from the
promulgation of the implementing rules and
regulations of this Act. During the interim period
of six months, no person applying for license
shall make a delinquent payment accruing to the
firearm subject for registration.
Thank You for listening!

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