Republic Act No. 10591 of the Philippines

Republic Act No. 10591

• Also known as the Comprehensive Firearms and Ammunition Regulation Act
• Aims to maintain peace and order, protect citizens, and regulate firearms and ammunition

Definition of Terms

• Accessories: parts that enhance or increase the efficiency of a firearm (e.g. laser scope, telescopic sight)
• Antique firearm: a firearm at least 75 years old, certified by the National Museum of the Philippines, or with significant historical value
• Arms smuggling: unauthorized import, export, acquisition, sale, delivery, movement, or transfer of firearms and ammunition
• Authorized dealer: a licensed person or entity that buys and sells ammunition, firearms, or parts
• Confiscated firearm: a firearm taken into custody by law enforcement agencies
• Demilitarized firearm: a firearm made incapable of firing
• Firearm: a handheld or portable weapon that expels a projectile through combustion (includes barrel, frame, or receiver)
• Firearms Information Management System (FIMS): a compilation of data on firearm ownership and disposition
• Forfeited firearm: a firearm subject to forfeiture by court order or considered abandoned, surrendered, confiscated, or revoked
• Gun club: an organization that promotes responsible gun ownership and provides a safe environment for shooting and competition
• Gunsmith: a licensed person or entity that repairs, constructs, or assembles firearms
• Imitation firearm: a replica of a firearm that can be mistaken for a real firearm
• Licensed citizen: a Filipino who complies with qualifications and is issued a license to possess or carry firearms
• Long certificate of registration: a license issued to government agencies or offices for firearms used by officials and employees
• Loose firearm: an unregistered firearm, or one with an obliterated or altered serial number
• Major part or component: a part necessary for the action of expelling a projectile (e.g. barrel, slide, frame, receiver, cylinder)
• Minor part: a part other than the major parts (e.g. trigger, magazine, stock)
• Permit to carry firearm outside of residence: a written authority issued to a licensed citizen to carry a firearm outside their residence
• Permit to transport firearm: a written authority issued to transport a firearm from one location to another

Ownership and Possession of Firearms

• Qualifications to acquire a license to own and possess firearms:
  • Filipino citizen
  • At least 21 years old
  • Gainful work, occupation, or business
  • Passed psychiatric test, drug test, and gun safety seminar
  • Filed a written application stating personal circumstances
  • Paid reasonable licensing fees
• Types of licenses:
  • Type 1: allows ownership and possession of up to 2 registered firearms
  • Type 2: allows ownership and possession of up to 5 registered firearms
  • Type 3: allows ownership and possession of up to 10 registered firearms
  • Type 4: allows ownership and possession of up to 15 registered firearms
  • Type 5: allows ownership and possession of more than 15 registered firearms for certified gun collectors
• Registration of firearms with the FEO of the PNP is required

Carrying of Firearms Outside of Residence or Place of Business

• Permit to carry firearms outside of residence or place of business may be issued to qualified individuals whose life is under actual threat
• Professionals considered to be in imminent danger due to their profession, occupation, or business:
  • Members of the Philippine Bar
  • Certified Public Accountants
  • Accredited Media Practitioners
  • Cashiers, Bank Tellers
  • Priests, Ministers, Rabbi, Imams
  • Physicians and Nurses
  • Engineers
  • Businessmen exposed to high risk of being targets of criminal elements### Licenses and Registration
• A license to possess a firearm includes a license to possess ammunition with a maximum of 50 rounds for each registered firearm.
• The Chief of the PNP or the Secretary of the DILG may allow more ammunition to be possessed by licensed sports shooters.
• To manufacture or deal in firearms, a person must make an application to the Secretary of the DILG or the Chief of the PNP.
• The application must include the amount of capitalization for manufacture or cost of purchase and sale of firearms, and the types of firearms or ammunition intended to be manufactured or purchased and sold.

Scope of Licenses

• A license to manufacture firearms and ammunition includes the authority to:
  • Manufacture and assemble firearms, ammunition, spare parts, and accessories.
  • Deal in or sell all items covered by the license.
  • Subcontract the manufacturing of parts and accessories.
  • Import machinery, equipment, and firearm parts and ammunition components.
• A licensed manufacturer of ammunition is also entitled to import various reference firearms needed to test the ammunition.
• A licensed manufacturer of firearms is entitled to import various firearms for reference, test, and evaluation.

Inspection and Inventory

• The Chief of the PNP or an authorized representative may require the submission of reports, inspect or examine the inventory and records of a licensed manufacturer, dealer, or importer of firearms and ammunition.

Acquisition and Sale of Firearms

• Firearms and ammunition may only be acquired or purchased from authorized dealers, importers, or local manufacturers.
• Firearms and ammunition may be transferred or sold only from a licensed citizen or licensed juridical entity to another licensed citizen or licensed juridical entity.

Deposit and Safekeeping of Firearms

• A person arriving in the Philippines with a legally possessed firearm or ammunition must deposit it with the Collector of Customs for delivery to the FEO of the PNP for safekeeping.
• Any licensee may deposit a registered firearm with the FEO of the PNP or a Police Regional Office for safekeeping.

Death or Disability of Licensee

• Upon the death or legal disability of a licensee, the next of kin, nearest relative, legal representative, or other person who comes into possession of the firearm or ammunition must deliver it to the FEO of the PNP or a Police Regional Office.

Antique Firearms

• Any person who possesses an antique firearm must register it and secure a collector's license from the FEO of the PNP.
• Proper storage of antique firearms is strictly imposed.

Penal Provisions

• Unlawful acquisition, possession, or use of firearms and ammunition is penalized with various penalties, including imprisonment and fines.
• The use of a loose firearm in the commission of a crime is considered an aggravating circumstance.
• The penalty for illegal possession of a firearm is increased if the firearm is used in the commission of a crime.
• The owner, president, manager, director, or other responsible officer of a firm, company, corporation, or entity that willfully or knowingly allows the use of an unregistered firearm or ammunition without legal authority is liable for the violation.### Custody of Seized Firearms
• During a case, seized firearms, ammunition, or parts remain in court custody unless the court decides it cannot safely keep them, in which case they are turned over to the PNP Crime Laboratory.

Penalties and Confiscation

• Violation of the Act carries a penalty of prision mayor in its minimum period to prision mayor in its medium period.
• Confiscation and forfeiture of the firearm, ammunition, or parts in favor of the government is an accessory penalty.

Liability for Planting Evidence

• Any person who willfully and maliciously inserts, places, or attaches any firearm, ammunition, or parts to implicate an innocent individual shall be punished by prision mayor in its maximum period.
• Public officers or employees found guilty of this crime shall suffer the penalty of reclusion perpetua.

Grounds for Revocation, Cancellation, or Suspension of License or Permit

• Commission of a crime or offense involving the firearm, ammunition, or major parts.
• Conviction of a crime involving moral turpitude or any offense where the penalty carries an imprisonment of more than six years.
• Loss of the firearm, ammunition, or major parts through negligence.
• Carrying of the firearm, ammunition, or major parts outside of residence or workplace without a proper permit.
• Carrying of the firearm, ammunition, or major parts in prohibited places.
• Dismissal for cause from the service in case of government official and employee.
• Commission of any acts penalized under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002).
• Submission of falsified documents or misrepresentation in the application to obtain a license or permit.
• Noncompliance of reportorial requirements.
• By virtue of a court order.

Failure to Notify Lost or Stolen Firearm or Light Weapon

• A fine of P10,000 shall be imposed on licensed firearm holders who fail to report lost or stolen firearms within 30 days.
• A fine of P5,000 shall be imposed on licensed firearm holders who fail to notify the FEO of the PNP of a change of address within 30 days.

Illegal Transfer/Registration of Firearms

• It is unlawful to transfer possession of any firearm to any person who has not obtained the necessary license or permit.
• Violators shall be punished by prision correccional and disqualified from applying for a license to possess other firearms.

Firearms Repository

• The FEO of the PNP shall be the sole repository of all firearms records, including imported and locally manufactured firearms and ammunition.

Final Provisions

• All military and law enforcement agencies, government agencies, LGUs, and government-owned or -controlled corporations shall submit an inventory of all their firearms and ammunition to the PNP within one year from the approval of this Act.
• A Final General Amnesty shall be granted to persons in possession of unregistered firearms and holders of expired licenses, allowing them to register and renew their licenses within six months from the promulgation of the implementing rules and regulations.

Implementing Rules and Regulations

• The Chief of the PNP, after public hearings and consultation with concerned sectors of society, shall formulate the necessary rules and regulations for the effective implementation of this Act within 120 days from the effectivity of this Act.

Repealing Clause

• This Act 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 that are inconsistent with this Act.