Forensic Firearms Examination - 6 Week 13-17 PDF

Lesson Proper for Week 13 Firearms Examination Equipment The specialized equipment used by firearms examiners includes microscopes, measuring tools, testing tools, and balances. These tools enable the examiner to carry out the various aspects of firearms examination and...

Lesson Proper for Week 13 Firearms Examination Equipment The specialized equipment used by firearms examiners includes microscopes, measuring tools, testing tools, and balances. These tools enable the examiner to carry out the various aspects of firearms examination and comparison. The need for proficiency with microscopes emphasizes the importance of examiners having an academic background in science. Other equipment, such as measuring and weighing devices, are also familiar items to anyone who has a science background. The firearms or tool marks examiner primarily uses two different types of microscopes on a regular basis. The first is the stereo micro-scope. This microscope sits on the worktable and is usually mounted on a boom or arm extending from a stand. It usually has zoom capabilities for magnification from about 3X to about 10X. Initial examinations of weapons, ammunition components, tools, and objects with tool marks on them are done with the stereomicroscope. The relatively low power gives plenty of working room so that the examiner can manipulate various cumbersome objects into the field of view. The workhorse of the firearms or tool marks section is the forensic comparison microscope, which is actually two microscopes connected via an optical bridge. When one looks through the eyepieces, both stages are visible via a split screen. In this way evidence tool marks on a surface can be compared directly to test tool marks on a similar surface. Identifying A Weapon Most guns have their own unique identifying features and even if the gun has not been left at the crime scene many degrees of information can be determined from the bullet, the nature of the wound and any residue that is left around it. Bullets contain a mixture of gunpowder and cordite and these leave burn marks on the skin of the individual either wounded or killed, they also leave a fine residue on the fingers and hands of the individual firing the gun. These burn marks can signify closeness of the victim to the perpetrator, kind of weapon and also if the weapon has had any modifications made to it. Some weapons have been disarmed by having the firing pins and mechanisms removed but there are individuals who can 'reactivate' these weapons for use again. Also, each weapon's barrel contains small ligatures and grooves, which, when a bullet is fired from them, make marks on the shell casing, which can be used as a means of identifying the make and model of gun if these shell casings are found at the scene. It is also worth noting that an automatic or semi-automatic weapon - WIll expert shell casings as the weapon fires a round whereas a revolver will fire the round but retain the shell casing within the barrel. Investigating The field of ballistics is able to identify rifling patterns, marks made by using suppressors (silencers), shell casings, powder burn and many other different areas relating to the use of firearms and the evidence they leave behind. Indeed, most ballistics experts will be able to tell you the particular weapon simply by the sound of it being fired. They will also be able to carry out distance and depth tests which include firing rounds of ammunition into water, sand and other substances to determine how close a person would have to be to receive a life-threatening wound from a gun. Ballistics is a very important part of the world of forensic science and much of its evidence is used in criminal proceedings. In some cases, the use of ballistics research can prove a link between many different crimes carried out over a lengthy period of time. This is also an important function of the ballistics team as many weapons are passed and sold on between criminals during their life cycle. EQUIPMENTS USED IN A BALLISTICS LABORATORY Comparison Microscope - This valuable instrument is specially designed to permit the firearm examiner to determine the similarity and dissimilarity between two fired bullets or two fired cartridge cases by simultaneously observing their magnified image. It is actually two microscope couple together with a single or two eye pieces, so that when one looks through this comparison eye piece, he is seeing one half of what is under the other - in other Words, half of the evidence bullet and half of the test bullet. Bullet Comparator Microscope - is specially designed to permit firearms examiner to determine the similarity and dissimilarity between two fired bullets or two fired cartridge cases. Forensic comparison microscope Forensic comparison microscopes have special holders that fit on the stages so that a wide variety of evidence items, such as bullets, cartridge cases, shot shells, tools, and firearms and parts, can be examined. The examiner must sometimes improvise in order to get a desired part under the microscope. Comparison microscopes are fitted with multiple objectives so that a range of magnification is available to the examiner. A maximum of about 40X magnification is typically adequate for firearms or tool marks examination. The comparison microscope is usually fitted with a video imaging system for use in training and for case documentation purposes. Digital images showing the specific areas of identification provide visual support for the examiner's written notes and conclusions. Not everyone supports the use of photography. Critics argue against photographing. Early configurations of comparison microscopes consisted of a matched pair of compound microscopes with conventional specimen stages. These stages were joined by a system of lenses, prisms, and mirrors in what was termed an optical bridge. The bridge allowed the scientist to observe and compare two physically separated but optically joined objects simultaneously in a single field of view. This field of view was split by an optical hairline. However, the specimen stages of these early comparison microscopes Forensic comparison microscope Forensic comparison microscopes have special holders that fit on the stages so that a wide variety of evidence items, such as bullets, cartridge cases, shot shells, tools, and firearms and parts, can be examined. The examiner must sometimes improvise in order to get a desired part under the microscope. Comparison microscopes are fitted with multiple objectives so that a range of magnification is available to the examiner. A maximum of about 40X magnification is typically adequate for firearms or tool marks examination. The comparison microscope is usually fitted with a video imaging system for use in training and for case documentation purposes. Digital images showing the specific areas of identification provide visual support for the examiner's written notes and conclusions. Not everyone supports the use of photography. Critics argue against photographing Early configurations of comparison microscopes consisted of a matched pair of compound microscopes with conventional specimen stages. These stages were joined by a system of lenses, prisms, and mirrors in what was termed an optical bridge. The bridge allowed the scientist to observe and compare two physically separated but optically joined objects simultaneously in a single field of view. This field of view was split by an optical hairline. However, the specimen stages of these early comparison microscopes are not configured for forensic firearms examinations and in fact predated the field of firearms identification by nearly two decades. Before the use of comparison microscopy, forensic firearms examinations typically involved the sequential examination of fired components using a single compound microscope, large format photography of microscopic details for each component through a compound microscope, side-by-side comparison of the photographic results, preparation of exhibits based on the photographs. Problems associated with this approach included these: The evidence items were examined in sequence, not simultaneously. The evidence items could only be simultaneously compared using photographic prints. The photographs taken were two-dimensional representations of three-dimensional objects. The comparison microscope was invented in the 1920s by American Army Colonel Calvin Goddard (1891-1955) who was working for the Bureau of Forensic Ballistics of the City of New York. Goddard also benefited from the help of Colonel Charles Waite, Philip Gravelle, and John Fisher. At that time, the comparison microscope was used to compare fired bullets and casings. In the late 1920s, Swedish criminalist Harry Söderman (1902-1956) drastically improved the comparison microscope by inventing a system for rotating the bullets under the objectives. This allowed for a much faster comparison of lands of grooves of bullets by simultaneous rotation of both the suspect and comparison bullets. Söderman gave the name Hastoscope to his invention. Early in 1925, Colonel Calvin Goddard (generally acknowledged as the father of firearms identification in the United States) and his associate, Phillip O. Gravelle, (microscopist, tobol designer, and photographer) adapted the existing compound designer, microscope to accommodate simultaneous microscopic forensic bullet comparisons. They achieved this by using an optical bridge to join together the stages of two compound microscopes. This basic monocular instrument has evolved considerably over the past eighty years into the Sophisticated instruments used today. Some of the features: Binocular viewing Rotating nosepieces with a variety of objective lenses A choice of illumination systems, e.g., variable fiber optic, LED, and high-intensity fluorescent light sources Push-button focusing Image capture systems with file export and printing capabilities Specialized specimen mounts Motorized control of the x, y, and z axis settings, which can be saved for reproducibility Monitors to facilitate examinations, training, and image capture Optical and digital capability for image superimposition or conventional side-by- side comparisons Digital reference marks to easily return to areas of interest identifications on the basis that two- dimensional photographs do not fully represent the three-dimensional tool marks. Stereoscopic Microscopes - This is generally used in in the preliminary examination of fired bullets and fired shells. To determine the location of the extractor marks and ejector marks for orientation purposes. It can be used also in close-up examination of tampered serial numbers of firearms. A stereo microscope that can observe and work in a bright field of view with little influence on WD due to the LED illumination built into the stand. SPZ-50PG and DSZ-44PG are zoom type, and NSW-40PG is a zooming type. The lighting device uses 60 balls of LED. With dimmer. Comes with a light protection cover (double-sided frost/ single-sided frost). Binocular stereomicroscopes are a matched pair of microscopes mounted side by side with a small angle between the optical axes. The object is imaged independently to each eye, and the stereoscopic effect, which permits discrimination of relief on the object, is retained. The effect can be exaggerated by proper choice of the design parameters for the microscopes. For practical reasons, the magnifying power of such instruments is usually in the range of 5-250x. Such microscopes are important in any work in which fine adjustment of tools or devices is to be made. For example, the stereomicroscope is often used in biological laboratories for dissection of subjects and in the operating room for microsurgical procedures. Moderate-power stereomicroscopes are even more widely used in the electronics manufacturing industry, where they enable technicians to monitor the bonding of leads to integrated circuits. Comparison Projector - This is generally used in the preliminary examination of fired bullets and fired shells. To determine the location of the extractor marks and. ejector marks for orientation purposes. It can be used of also in one close-up examination of tampered serial numbers of firearms. Measuring Projector -This projector determines the width of the lands, width of grooves, diameter and twist of fired bullets. This is a back-plunger model that is highly resilient and robust. The ABSOLUTE Digimatic Indicator ID-B will give the following features: It is a back plunger type, with the display viewed from above. Its slim body design is ideal for multi-point measurements. The ABSOLUTE sensor means you don't have to carry out origin setting every time you power it on, saving you time and hassle. It has excellent resistance against water and dust (IP66 protection level) allowing you to use it in machining situations that include splashing coolant fluid. Switchable display orientation gives you more mounting options. You can perform GO/ENG judgement. Vernier Caliper - This instrument determines the bullet diameter and barrel length. Analytical Balance - This more or less determines the weight of the bullets, shots and pellets for possible type, caliber and make for firearm from which they were fired. Analytical balances are highly sensitive lab instruments designed to accurately measure mass. Their readability has a range between 0.1mg - 0.01mg. Analytical balances have a draft shield or weighing chamber to prevent the very small samples from being affected by air currents. They’re meant to detect very fine increments, so the slightest vibrations or breeze can impact the results. As such, analytical balances should be used in a dedicated room with as few disturbances as possible. Analytical balances need to be monitored carefully and calibrated frequently. Most analytical balances have both automatic internal motorized calibration and calibration with external weights. You can get calibration weight sets here. What makes analytical balances different from other balances? Analytical balances are designed for very precise measurements of very small samples. Precision balances usually have a higher capacity than analytical balances do and typically deliver results of 0.1g, 0.01g or 1mg. Analytical balances have finer readability, are much more sensitive to changes, and can detect smaller variations in mass. Precision balances have more variety in body style and options, but they do not offer readabilities greater labs, than three decimal places. For acute measurements in labs, analytical balances are the right choice. Unlike top-loading balances, analytical balances like the nimbus usually have a weighing chamber that encloses the weighing pan with glass doors to prevent interference from vibration or air currents. The weighing pan is usually smaller than in precision balances, and can only accommodate small samples. Micrometer or micrometer caliper it is an instrument for making precise linear measurements of dimensions such as diameters, thicknesses, and lengths of solid bodies; it consists of a C- shaped frame with a movable jaw operated by an integral screw. The fineness of the measurement that can be made depends on the lead of the screw i.e., the amount the spindle moves toward or away from the anvil in one revolution and the means provided for indicating fractional parts of a revolution. The accuracy of the measurements depends on the accuracy of the screw-nut combination. Taper Gauges - Used for determining the diameter of the bore of the firearms. A taper gauge is a measuring tool that measures sizes such as the width of gaps and grooves, hole diameter, and pipe inner diameter. In addition to models made of metals such as carbon tool steel and stainless steel, there are also models made of plastic that do not easily damage the object. Metal models with round cut gauge tips are even safer. They can make accurate measurements with a scale of O.05 mm from 1 to 60 mm. A taper gauges has a case or cap made of brass or polycarbonate for easy carrying, so there are many types that can easily fit in the breast pocket. There is a type that can measure just by inserting it, and a type that can be used when the scale cannot be checked from the top. There are also compact bench centers that can measure the amount of eccentricity of precision shafts, round work pieces and precision gears, etc. Onoscope – used foe examining the interior surface of the barrel. Helixometer – a tubular instrument in which an electric light and a prism and lens system enable visual examination of a small-arms bore (as in criminal investigation) and it is for measuring the pitch of the rifling. Pitch of rifling is the distance advanced by the rifling in one complete turn or a distance travelled by the bullet in one complete turn. Chronograph – used for determining the speed of the bullet or the muzzle velocity of the bullet. Shadowgraph – a photographic image produced on a radiosensitive surface by radiation other than visible light (especially by X-rays or Gamma rays) EQUIPMENTS USED IN A BALLISTICS LABORATORY Lesson Proper for Week 14 THE FORENSIC BALLISTICS PROBLEMS The forensic Ballistic problem originally composed of the six problems as written in the book of Gunther and Gunther however, complexities and advancement in the field of forensic ballistics and in relation to the applicable laws, more particularly as regards to laws on illegal possession of firearms, has emerged. As such, the firearm identification divisions adopted seven problems in its course. The Forensic Ballistics Problems; 1. Given a fired bullet to determine the caliber, type make of firearm from which it was fired. 2. Given a fired shell to determine the caliber, type and make of firearm from which it was fired. 3. Given a fired bullet and a suspected firearm, to determine whether or not the fired bullet was fired from the suspected firearm. 4. Given a fired shell and a suspected firearm, to determine whether or not the fired shell was fired from the suspected firearm. 5. Given two or more fired bullets, to determine whether or not they were fired from one and the same Firearm. 6. Given two or more fired shell/cartridge case to determine whether or not they were fired from one and the same firearm. 7. Given a suspected firearm, to determine whether serviceable or not. Problem No. 1 Given: A fired bullet. Objective: To determine the caliber, type and make of a firearm from which it was fired. Procedure: a. Identify the bullet based on its various features such as type, shape and design. b. Use a caliper of a micrometer or a torsion balance to measure the caliber of the bullet or use a standard bullet at hand and match the base of the bullets, in case of fragmented or deformed bullets, it will be difficult to determine its base diameter. Thus, use the torsion balance in order to get the equivalent weight of the bullet and its approximate caliber. C. After determining the caliber of the fired bullet examine its cylindrical surface for the land marks and groove marks. Identify the type of rifling by determining the number of lands and grooves, the direction of twist, the pitch of rifling, the width of the lands and grooves and the depth of landmarks. Problem No. 2 Given : A fired shell/cartridge case. Objective: To determine the caliber, type and make of firearm from which it was fired. Procedure: a. Determine the caliber of the shell utilizing the Caliper to measure its body diameter or the diameter of the mouth of the shell or simply match it with standard shells b. Check on the base of the Fired shell for the head stamp. This part of the shell will give the examiner information as to the caliber the maker, and at certain case even the date of its manufacture. Problem No. 3 Given: A fired bullet and a suspected firearm Objective: To determine whether or not the fired bullet was fired from the suspected firearm. Procedure: a. Examine the fired bullet as to its caliber, type and make applying the procedure in problem no, 1. b. Examine the suspected firearm as to its condition and basic characteristics as to whether there is probability of its being the one used in the fired bullet. (verify the type of rifling) c. Test-fire the suspected firearm using the bullet recovery box. Use at least three (3) cartridges with the same caliber and mark as the fired bullet. Make sure to mark the cartridge with letter *t-1, t-2 and t-3" as the case maybe plus the last two digit of the serial number of the suspected firearm. d. Get the test bullet from the recovery box and identify its general characteristics to determine probability with the fired bullet. e Match the fired bullet with the test bullet using the bullet comparison microscope or forensic digital comparator. f. If similar individual marks (striations) were observed on each bullet, then we can conclude that the fired bullet was fired from the suspected Firearm. Otherwise, another firearm was used in its discharge. Problem No 4. Given: A fired shell and a suspected firearm. Objective: To determine whether or not the fired shell was fired from the suspected firearm. Procedure: a. Examine the fired shell as to its caliber, type and make; b. Examine the suspected firearm as to its conditions and rifling characteristics. c. Test-fire the suspected firearm using the bullet recovery box. Use at least three (3) cartridges for test firing. Make sure to mark the cartridge with letter "t1, t2 and t3" as the case maybe plus the last two digit of the serial number of the suspected firearm. d. Get all the test shell and identify its general characteristics to determine probability with the fired shell. e. Match the fired shell with the test shell using the bullet Comparison microscope or forensic digital comparator. f. If similar individual marks (striations) were observed on the breech face or firing pin marks then we can conclude that the fired bullet was fired from the suspected firearm. Otherwise, another firearm was used in its discharge. If problem will be encountered as to the use of the breech-face or firing pin mark, use the combined extractor and ejector mark as a secondary option for identification. Problem No. 5 Given Two or more fired bullets. Objective: To determine whether or not they were fired from one and the same firearm. Procedure: a. Identify those bullets as to their caliber, type and make by applying the principle in problem no. 1 (do not forget to mark the fired bullets). b. Bullets of the same caliber, type and make should be compared at the bullet comparison microscope. c. The fired bullets that show a magnified image of similar characteristics will be considered fired from one and the same firearm, while those that Would not match positively were fired from different firearms. Problem No. 6 Given: Two or more fired shells. Objective: To determine whether they were fired from one and the same firearm. Procedure: a. Identify each fired shells as to their caliber, type and make applying the procedure in problem no. 2 (do not forget to mark each fired shell) b. Compare each fired shell of the same caliber, type and make using the bullet comparison microscope. The fired cartridge case having type and similar individual marks (striations) will prove that they were fired from one and the same firearm while the non-identity of their individual marks would mean that they have been firearm while the fired from different firearms. Problem No. 7 Given: A suspected firearm. Objective: To determine whether it is serviceable or not. Procedure: a. Examine the suspected firearm, its caliber, type and make and its condition as to whether or not it is functional. b. Check its serial number and records of its identification. C. Mark the suspected firearm for further reference. A. Basis of Firearm Identification: 1. Firearm identification is actually refined tool mark identification. The basis of identification of firearm is based on minute imperfection caused by final polishing of the tools involved. 2. The natural wear and tear of the tools involved. That every firearm is not permanent for they are subject to deterioration or worn out. 3. When the softer surface comes in contact with the harder surface, it is always the softer surface that will be engraved or marked by whatever impression or marks present on the harder surface. This is true in a sense that every firearm is up of harder material than any bullet or shell of the cartridge. 4. The fact that no two things are absolutely similarity in general properties but not on the identical or alike. There can be some sort of individuality or minute imperfections or details. Principles involved in Bullet Identification 1. No two barrels are microscopically alike or identical as to the internal bore Construction, all barrels possess individuality or characteristic marks of their own. 2. When a bullet is fired from a rifled gun barrel, it becomes engraved by the rifling characteristics of that barrel with varying minute details. It of means that a bullet fired from one barrel will have an engraving different from that of another bullet fired from another firearm and conversely, bullet fired from the same firearm will bare same engraving as those that can be found on the barrel. 3.Every barrel leaves its “thumbprint" or “fingerprint" on every bullet fired on it. C. Principles of Shell Identification: 1. The breech face and the striker (or firing pin) of every firearm have microscopic individualities of their own. 2. Every firearm leaves its fingerprint" or thumbprint" on every cartridge it fires. 3. The whole principle of identification of shells is every weapon must be individually distinct, the based upon the fact that since the breech face of cartridge cases that it fired are imprinted with this individuality. The imprints of all cartridge those on cartridge cases fired from different cases fired from the same weapon are the same, and weapon are different. Lesson Proper for Week 15 PROCEDURE AT THE CRIME SCENE In investigating criminal cases, Procedure at the scene of the crime plays a very significant role. In most it is in this phase that the success or failure of the investigation can be predicted in some extent. That is why it is very important for any person who is in-charged in responding to the scene of the incident to always have an open mind and be rational in all decisions and actions being under taken. It is very important for any officer on case to work systematically and should follow a certain procedure in a logical pattern. The following procedures are mandated by no less than the PNP Investigative Manual with some modification: I. Steps to be followed upon arrival at any crime scene: It must be noted that the first priority upon arrival at the scene of the Crime is to save life if possible. At present, when crime is committed, it becomes a practice for the officer in charge to call for SOCO assistance a ensure a more systematic approach in locating recognizing, packing, preservation and transmittal of physical evidence. The following steps must be observed upon arrival at the scene of the crime: a. Record the date and time of arrival including the weather condition (if information was obtained through telephone call, note accurately the time the call was received before leaving. b. Look for living person immediately at the place witness, victim, suspect (if possible). c. If an injured person is at the scene arrange for medical attention, identification and removal. The scene should be disturbed only to the extent necessary to have medical. aid rendered to the injured or have a doctor examine a deceased victim. Each alteration should be accurately recorde It's but proper to take photographs for recording purposes. In case of a person who is conscious yet in danger of an impending death, be sure to ask him at once as to who commi.tted the offense?" for a possible dying declaration. If the person Survives, his/her statement will form part of the res gestae. d. If the offender is at the scene, apprehend him. e. If the scene is not fully protected, ensure its protection by using other policemen or other responsible persons to keep witnesses, suspects, and victim (s) who are present from disturbing the scene. e.1. It may be necessary to re-route traffic, to prohibit employees from entering their place of employment, or to take other actions to prevent any disturbance of the scene until a complete examination is made. The body of a deceased person (if there is any) should not be covered until thoroughly processed for evidence, such as the taking of enough photographs for recording purposes. e.2. Early action is taken to protect items of possible evidentiary value that may be destroyed by rain, fire or other causes before collection can be effected. For example, a raincoat or piece of canvass may be used to cover compressions on the ground that is exposed to rain, Items that will melt should be shielded from the sun or other heat sources. Objects such as food and blood should be covered to protect them from contamination. Also, photograph should properly be taken for record purposes. f. Determine and record the names of the person at the scene who may be witnesses, and separate them. These persons should be removea the immediate area of the scene as soon as practicable. g. Conduct a preliminary questioning of witnesses, suspects and victim(s) to determine in general the extent of the incident of crime. h. Note the names of all persons officially present. Those present within the immediate area of the scene should be only the minimum numbers needed to assist the investigator. It may be necessary to request other policemen or officials present to refrain from examining or disturbing objects or aspects of the scene. II. Recording The investigator begins the process of recording pertinent facts and details of the investigation the moment he arrives at the scene of the incident (of course, he records the time when he was initially notified and who notified him prior to his arrival) He writes down the identification of persons involved and what he initially sees. He also drew a basic sketch of the crime scene and takes the initial photographs (general, medium, close-up and extreme close-up view should be taken if a photographer is available). This is to secure that an image of the crime scene is properly recorded before any occurrence would disturb the scene. As a rule, do not. touch, alter or remove anything at the scene of the crime until the evidence has been processed through notes, sketches and photographs, with proper measurements. III. Search of Evidence a.) Each crime scene is different, according to the physical nature of the scene and the crime or offense involved. Consequently, the scene is processed in accordance with the prevailing physical characteristics of the scene and with the need to develop essential evidentiary facts peculiar to the offense. A general survey of the scene is always made, however, to note the location of obvious traces of action, the probable entry and exit point used by the offender (s) and the size and shape of the area involved. b) In rooms, buildings, and smal1 outdoor areas systematic search of evidence is initiated (In the interest uniformity it is recommended that the clockwise movement be used). The investigator examines each item encountered on the floor, walls, ceiling to locate anything that may be of dentiary value. You should: i. Give particular attentión to fragile evidence that any be destroyed contaminated if it is not collected or when discovered. ii. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise. iii. Ensure that the item or area where latent fingerprints may be present is closely examined and that action is taken to develop the prints. iv. Carefully protect any impression of evidentiary value in surfaces conducive to making casts or molds. If possible, photograph the impression and make a cast or mold. (Utilizing casting materials). v. Note stains, spots, and pools of liquid within the scene and treat them as evidence. vi. Note any peculiar odor emitting from the scene vii. Treat as evidence all other items, such as hairs, fibers, and earth particles, foreign to the area in which they are found- for example, matter found under the victim's fingernails and other. and viii. Proceed systematically uninterruptedly to the conclusion or the processing of the scene. The search for evidence, a thorough examination of the scene, the rough sketch, necessary photographs and investigative notes have all been completed and the investigator has turned to the point from which the search began. Further search may the be necessary after the evidence and the statements obtained have been evaluated. c) In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide. The policeman may search the strip on his left as he faces the scene and then the adjoining strips. d) It may be advisable to make a search beyond the area considered to be the immediate scene of the incident or crime. For example, evidence may indicate that a weapon or tool used in the crime was discarded or hidden by the offender somewhere within a square-mile area near the scene. e) After completing the search of the scene, the investigator examinees the object or person that has actually been touched by the offender. For example, a ripped safe, a desk drawer that has been pried open or a room from which items has been stolen, would be processed after the remainder of the scene has been examined for traces of the offender. In a homicide case, the position of the victim should be outlined with a chalk or any other suitable marking tools before anybody is removed from the scene. If the victim has been pronounced dead by the doctor or is obviously dead, it is usually advisable to examine the body, the clothing and the area under the body after the remainder of the scene has been searched. This is to enable the policeman/investigator to evaluate all objects of special interest in the light of all other evidence found at the scene. f.) Methods of Crime Scene Different methods of search have been derived depending upon the nature or circumstances surrounding the scene of the crime. The following are Some of the prescribed methods in searching for evidence: (1) Strip Method Applicable when the shooting incident took place in small closed area. This is done by one, two or three (3) numbers of searchers standing side by side from the entrance to the end of that path, (2) Double Strip Method Applicable when the shooting incident took place in a bigger area. It is considered as one among the ideal methods of searched closed area. In this method, the rectangular area is traversed first parallel to the baseline and then parallel to the side. (3) Wheel Method The searchers gather at the center and proceed in outward radii and pokes. This procedure should be followed or repeated several times depending on the size of the area. (4) Spiral Method The searchers follow each other in the path of a spiral beginning from the outside and then spiraling in toward the center. (5) Zone Method If the incident took place in a bigger area, this method can be used. The area is divided into zones, and in each zone any one of the first four methods can be used. This method is very practical in an outdoor shooting incident or in cases of running gun battles. One researcher may be assigned a search zone. IV. Collection of Evidence AIter careful search of physical evidence, proper collection is very essential to ensure that the evidentiary value of the physical evidence is protected and not destroyed either intentionally or accidentally or negligently. The following guides are hereby recommended: 1. All articles that are or may at some future dates would be of significance to the case must be carefully preserved. 2. Generally, evidence consist of the following: a. Any evidence or physical object that may tend to show that a crime was committed (direct) and, b. Anything that may connect some particular person with the crime or crime scene (indirect). In shooting incidents, the following pieces of physical evidence are commonly observed: Lethal weapon or fatal weapon Fired bullet/s Fired Shell/s Metal fragments Broken glass or those allied item or objects Holster Magazine/s Cartridge/s Glove/s Mask/s And all other firearms accessories 3. When possible, designate one of the investigating men to collect all evidences. a. This makes the introduction of the exhibits in court simplier. b. One officer will usually keep better records, and remember when, where and what was collected much better than if several men have handled the same exhibits. 4. In collecting physical evidence, precautionary measures should be made in order to maintain the condition of the evidence when it was discovered. As a general rule, be sure not to "MAC" the physical evidence. “M" --- (Mutilate) Mutilation or cutting of physical evidence is highly prohibited for it will greatly affect the nature of the evidence and source of such evidence can be questioned. "A"- (Alter) in no case should an investigator change the very nature of the evidence either by additional or removal of anything that makes up the evidence when it was discovered. If the changes have occurred accidentally, such should be noted in his record including the immediate cause of said change/S. “C” -- (Contaminate) Evidence supposed to be mixed together. It is better are not that each evidencee be treated with great care. Different evidence requires different method of collection and preservation depending on their very nature. 5. Photographing and sketching are very necessary before anything at the scene ot the crime be touched, moved or taken for it will serve as a record of the evidence and later be a proof in showing the origin or source of the evidence in court. 6. Note-taking is likewise important in the course of collecting physical evidence. All pertinent information regarding the conditions, location, nature of the evidence and others should be recorded properly for the investigattor cannot just rely on his memory regarding all things that transpired in the course of the investigation. And at the same time it will serve as his guide in preparing his case and will guide him in his testimonies in court. 7. When firearm is found at the scene of the incident, the investigator should take note of the important matters regarding its discovery and condition. The following precaution should be taken into consideration in collecting suspected firearm/s: a. The use of steel rod, pencil or any other object to be inserted at the bore of the firearm is not advisable. This method would only cause three possible problems: (1) Introduction of foreign materials to the bore of the firearm causing contamination? (2) Disturbance or removal of some powder fouling inside the bore that bears significant role for chemical analysis determining whether the gun was recently fired or not and (3) alteration of the internal bore Construction due too added scratches that would create confusion in one identification of the said firearm. b. The use of handkerchief to pick up firearm at its handle or its barrel is also prohibited. Such procedure will tend to loss chances of detecting and taking latent prints which is very important in determining the possible identity of the perpetrator. c. The use of a handkerchief or a string straw to be inserted at the trigger guard of the firearm (make sure the gun is not pointed to anyone) and putting it on a hard paper envelope is the best method of collecting suspected firearm at the scene. See to it that the firearm especially in the case of a revolver should not be left full or half-cocked". In such cases, make use of a crumpled paper, carton or handkerchief to be placed immediately in front of the hammer and press the trigger to avoid accidental firing. d. Information as to the location of the gun when discovered, caliber, type and make, serial number and whether it is loaded or not and how the loads were arranged should be noted and tag to the firearm. 8. When bullet/s is found at the scene of the crime, the following procedure should be observed: a. Bullet inside the body of the victim should not be dug out by the investigator; only authorized person such as the medico-legal officer should do the digging; b. Bullet/s that penetrates into walls, wood, furniture/s or Cree should be treated with care not to alter or cut the bullet. In case it penetrates into a tree, split open the tree and let the bullet freely fall into your hands. If it would be difficult to do so, cut a portion of the object where the bullet penetrated and bring it to the laboratory for proper extraction. c. Bullet should be picked up and wrapped individually using cotton tissue or a paper. Put it in an envelope, pillbox or any appropriate container. Seal it properly and mark it with a tag necessary information such as: caliber, type, shapes or form, place and date of recovery, number and name of the recovering officer. Also include the name of the suspect and the victim if applicable. d. Collect as much metal fragment (bullet fragment) as possible. Metal fragments that possibly fit together can be of importance to the case. 9. When fired cartridge case is found at the scene of the crime, collection should be made individually just like in a bullet. Information as to the numbers of shells, caliber, type and make, place and date of recovery should be noted. V. Marking of Evidence The marking, of physical evidence such as fired bullet/s, fired shell/s, firearm/s and other objects which have some bearing to the case is very important for the investigator. Time and again he is required to testify regarding the case in issue. In the presentation of evidences in court, identification and determination of the source of evidence is very necessary before any evidence can be finally accepted in court. All efforts of the restigator will be useless in collecting those physical evidence if they will not be identified and be accepted in court. Even if they will be accepted in court failure to properly identify Such evidence will render it of no evidentiary value at all. And it is of public knowledge that cases in our courts involving shooting incidents takes uite a number of years on trial before they will be adjudi.cated and solved. Hence, it will be very impractical for any investigator to just rely on his mind. It is also important to protect the evidence from possible from replacement. Markings can be one way to protect them cases from any attempt at concealing the case. In most cases, the defense counsel even reguires the establishment of the chain of possession or custody of the ballistics exhibits in the same way as the complete note taking and markings will be of great use. Rules in marking physical Evidence (Ballistics exhibits) 1. Make use of a hard pointed instrument called stylus in marking ballistics evidence such as metallic or plastic cartridge case, bullet and firearm. In case of paper cartridge case or shell it is better to use a fountain pen for marking. 2. Use distinctive marks such as initials of the investigator, victim or suspects if identified plus the date of recovery. It is more advisable to use the victim/s initial for easy distinction between evidences of one case to another. Do not make use of the mark x" for such mark is considered universal that almost everybody is in use of it. 3 Put the mark on the surface of the evidence that would not in any way alter its very nature. 4. Make a complete record of the mark used, where it is placed and other distinctive marks that the evidence possesses. 5. If tags are to be used, make the necessary entry, attach it securely before putting on the evidence bag or container. Mark the container or the evidence tag for proper entry. 6. Keep a Complete record of the chain off possession of the ballistics evidence VI. Preservation of Physical Evidence Physical evidences have varieties of forms and natures, hence,, the way they are to be preserved also call for some specification, precaution and even extreme care. It is important to note that evidence in ballistica evidence such as fired bullet, fired shell and firearm (most common) preservation is not extremely delicate compared to blood preservation stain, fibers, seminal stains and other evidence that are all of sensitive nature. Fired bullets and fired shells should be wrapped individually with tissue. Place it in a pillbox, matchbox, vial or any suitable container. Make sure that they are not too big for the evidences. The container should be sealed in such aa way that it cannot be easily opened without breaking the seal. Properly label the sealed container or box and mark them with initials and date of recovery. In case of suspected firearm, proper tag should be made together with vital information such as the type and make of firearm, the caliber, load in the cylinder (in case of a revolver) or load in the chamber or in the magazine, date of recovery, name of the victim and suspect, and serial number. VII. Transmittal of Physical Evidences When all evidences has been collected, marked and properly sealed and labeled, these should be transmitted to the proper authority. What was usually practiced in our country is to transmit the evidence to the office and submit the same to the duty officer or duly designated receiving officer for proper entry in the record and custody. A request will be made for the transmittal of the evidence to the laboratory for proper technical examination and will be returned to the offi.ce upon completion of the examination, preparation f exhibit and laboratory report by the duly assigned firearm examiner. The officer in charge of the case should be well aware of the "Chain of Custody" of the evidences. It is very important to have a record of all persons who have handled the physical evidence. This should include from the time of its recovery until its final disposition in court. information as to who received and accepted the evidences, date and time of received, number or the physical evidence involved. Lesson Proper for Week 16 Justifying Circumstances Self-Defense PEOPLE vs MAGAYAC G.R. No. 126043, April 19, 2000 Facts Jimmy, the victim and the accused Manuel were in a boat preparing for night fishing when a fight occurred between the two. The altercation was stopped but it was followed by a series of other incidents when the two exchanged blows. The following evening, the accused was seen carrying a long rifle. The victim was warned of the fact but while he was trying to leave, he was shot at the right stomach. The victim, while kneeling on the ground was repeatedly shot at the back until he died. The accused was convicted, but upon appeal, he interposed self-defense and questioned the appreciation of treachery which qualified the crime committed to murder. Issue/s: Whether the accused should be acquitted on the ground of self-defense. Held: The invocation of self-defense is an admission of the killing and its authorship. By this admission, the burden of proof shifts to the accused who must establish all elements of the justifying circumstance. In this case, there was no unlawful aggression on the part of the victim. More so will the defense be disregarded when the number of gunshot wounds on Jimmy's body is taken into account. The nature and number of wounds inflicted disprove the plea or self- defense because they demonstrate determined effort to kill and not just defend himself to prevent or repel it. In this case, the first requisite was not proven because he was not attacked by the victim. In fact, he did not even see the victim steal the crabs; he merely suspected him of doing so. Furthermore, assuming that unlawful aggression was proven, there was no necessity to shoot because, according to him, the victim was already running away when hit. The victim's companion at the time, Edwin Velasco, positively identified appellant as the killer. Incomplete Mitigating Circumstance; Performance of Duty ROQUE GALANG vs. CA G.R. No. 128536, January 31, 2000 Facts: Drunk and rowdy after celebrating his birthday, Carlos had two altercations which were reported to Police Inspector Roque Galang. Roque confronted Carlos and ordered him to drop his gun and to go down on his knees. Carlos consented and while he was kneeling on the ground, Roque shot him twice which led to his death. Roque claimed self-defense but was found guilty of homicide with the privileged mitigating circumstance of incomplete justifying circumstance of performance of duty. Issue: Whether Roque can claim the incomplete privileged mitigating circumstance of performance of duty. Held: He cannot avail of the privileged mitigating circumstance of incomplete justifying circumstance of performance of duty. A peace officer is never justified in using unnecessary force or violence In effecting arrest when the arrest can be effected otherwise. Treachery PEOPLE vs. ALFREDO CABANDE G.R. No. 132747 February 8, 2000 Facts: Vicente and Victor Trinidad with his three children were on their way to fence their property. Suddenly, apparently out of nowhere, two persons, one of whom was appellant, blocked their way, giving Victor no choice but to stop the jeep. Appellant then, without fanfare, shot Victor despite the latter's entreaties. Cabande again mercilessly shot Victor while he was on his knees, this time hitting him at the left temple. Meanwhile, Vicente tried to take cover at the right side of the jeep but he too, was shot. Issue: Whether treachery attended the commission of the crime considering that the victim and the accused had a prior feud. Held: Yes. There is treachery when one commits any of the crimes against persons by employing means, methods or forms in the execution thereof without risk to oneself arising from the defense which the offended party might make. In the present case, it was clear that appellant, together with an unidentified companion, blocked the path of the jeep. When it stopped, he approached Victor and shot him pointblank. The latter was already kneeling on the ground when appellant shot him once more in the head. The latter then approached Vicente, who was cowering at the back of the jeep, and shot him too. The manner in which he carried out the attack spoke only too well of their inability to defend themselves. The mere fact that there was a feud between appellant and the victims did not necessarily prove that the attack was expected. If the victims had been expecting an attack, they should not have brought the youngsters with them. In any event, an accused cannot escape the appreciation of alevosia by threatening the victims in advance. What was decisive was the suddenness of the attack, which made it impossible for the victims to retaliate, flee, or defend themselves. Issue: Whether the crime was committed with treachery when the crime was executed as a result of an impetuous impulse, not a deliberate act of the will. Held: Treachery cannot be appreciated when the shooting was done at the spur of the moment. For treachery to be considered as an aggravating circumstance, there must be proof that the accused consciously adopted a mode of attack to facilitate the perpetration of the crime without risk to himself. Treachery cannot be appreciated where the accused shot the victim as a result of a rash and impetuous impulse rather than from a deliberate act of the will. The shooting was an instantaneous response to the damning curses shouted at the driver and passengers by the victim. PEOPLE vs PASCUAL G.R. No. 127761, April 28, 2000 The victim, Dr. Picio, was at the house of a midwife, Marissa. When he decided to go home, the latter accompanied him. Facts: Outside where his vehicle was parked. After boarding his vehicle, two unidentified persons, armed with short firearms, suddenly appeared and approached the victim. Alarmed, Marissa warned Dr. Picio. One of the armed men shoved Marissa out of the way and immediately thereafter started shooting at the victim. The assailants pulled Dr. Picio out of his vehicle and continued to shoot until he died. The two were later on identified and convicted of murder. Issue: Whether treachery attended the commission of the crime. Held: The murder was attended by treachery. Dr. Picio only became aware of the assailants' presence after he was warned by Marissa. Immediately, the victim was shot several times with the accused purposely seeking the opportunity that their victim would not be in a position to defend himself, as they shot him to death simultaneously. The fact that Dr. Picio was warned did not negate the finding of treachery for the reason that this may still be appreciated even when the victim was forewarned of the danger to his person. The essence of treachery is the suddenness and unexpectedness of the assault without the slightest provocation on the part of the person attacked. Illegal Possession of Firearms Where the arresting officer failed to present the grenade for verification to the PNP Firearms and Explosives Unit, the second element of the crime of illegal possession of firearms is not proved, specifically, the lack of a license to possess the said explosives. (People v Cortez G.R. No. 131619-20 February 1, 2000) Qualified illegal Possession of Firearms vis-a vis Murder Where an accused uses an unlicensed firearm in committing homicide or murder, he may no longer be charged with what used to be the two separate offenses of homicide or murder under the Revised Penal Code and qualified illegal possession of firearms used in homicide or murder under P.D. No. 1866. As amended by R.A. No. 8294, P.D. No. 1866 now mandates that the accused will be prosecuted only for the crime of homicide or murder with the fact of illegal possession of firearms being relegated to a mere special aggravating circumstance. Thus, illegal possession of firearms may now be said to have taken a dual personality: in its simple form, it is an offense in itself, but when any killing attends it, illegal possession of firearms is reduced to a mere aggravating Circumstance that must be alleged in the information in order to be appreciated in the determination of the criminal liability of the accused. (People vs. Lumilan G.R. No. 102706 January 25, 2000) Entrapment vs Planting of evidence In entrapment, the criminal intent to commit the offense charged originates in the mind of the accused and the law enforcement officials merely facilitate the commission of the offense, the accused cannot justify hís conduct. (Huggland v Lantin AM No. MTJ 98-1153 February 29, 2000) ARTICLE III of RA 10591 REGISTRATION AND LICENSING Section 8. Authority to Issue License. - The Chief of the PNP through the FEO of the PNP, shall issue licenses to qualified individuals and to cause the registration of firearms. Section 9. Licenses Issued to Individuals. - 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 - allows a citizen to own and possess a maximum of two (2) registered firearms Type 2 License - allows a citizen to own and possess a maximum of five (5) registered firearms; Type 3 License - allows a citizen to own and possess a maximum of ten (10) registered firearms; Type 4 License - allows a citizen to own and possess a maximum of fifteen (15) registered firearms; & Type 5 License - allows a citizen, who is a certified gun collector, to own and possess more than fifteen (15) registered firearms. For Types 1 to 5 licenses, a vault or a container secured by lock and key or other security measures for the safekeeping of firearms shall be required. For Types 3 to 5 licenses, the citizen must comply with the inspection and bond requirements. Section 10. Firearms That May Be Registered -Only small arms may be registered by licensed citizens or licensed juridical entities for ownership, possession and concealed carry. 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: Provided, That private individuals who already have licenses to possess Class-A light weapons upon the effectivity of this Act shall not be deprived of the privilege to continue possessing the same and renewing the licenses therefor for the sole reason that these firearms are Class "A" light weapons, and shall be required to comply with other applicable provisions of this Act. Section 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. 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. Section 12. License to Possess Ammunition Necessarily Included- The licenses granted to qualified citizens or juridical entities as provided in Section 9 of this Act shall include the license to possess ammunition with a maximum of fifty (50) rounds for each registered firearm: Provided; That the FEO of the PNP may allow more ammunition to be possessed by licensed sports shooters. Section 13. Issuance of License to Manufacture or Deal in Firearms and Ammunition. - Any person desiring to manufacture or deal in firearms, parts of firearms or ammunition thereof, or instruments and implements used or intended to be used in the manufacture or firearms, parts of firearms or ammunition, shall make an application to: (a) the Secretary of the Department of the Interior and local Government (DILG) in the case of an application for a license to manufacture; and (b) The Chief of the PNP in the case of a license to deal in firearms and firearms parts, ammunition and gun repair. The applicant shall state the amount of capitalization for manufacture or cost of the purchase and sale of said articles intended to be transacted by such applicant; and the types of firearms, ammunition or implements which the applicant intends to manufacture or purchase and sell under the license applied for; and such additional information as may be especially requested by the Secretary of the DILG or the Chief of the PNP. The Secretary of the DILG or the Chief of the PNP may approve or disapprove such application based on the prescribed guidelines. In the case of approval, the Secretary of the DILG or the Chief of the PNP shall indicate the amount of the bond to be executed by the applicant before the issuance of the license and the period of time by which said license shall be effective, unless sooner revoked by their authority. Upon approval of the license to manufacture or otherwise deal in firearms by the Secretary of the DILG or the Chief of the PNP as the case may be, the same shall be transmitted to the FEO of the PNP which shall issue the license in accordance with the approved terms and conditions, upon the execution and delivery by the applicant of the required bond conditioned upon the faithful compliance on the part of the licensee to the laws and regulations relative to the business licensed. Section 14. Scope of License to Manufacture Firearms and Ammunition. - The scope of the License to Manufacture firearms and ammunition shall also include the following: (a) The authority to manufacture and assemble firearms, ammunition, spare parts and accessories, ammunition components, and reloading of ammunitions, within sites, areas, and factories stated therein. The Secretary of the DILG shall approve such license; (b) The license to deal in or sell all the items covered of the License to Manufacture, such as parts, firearms ammunition and components; (c) The authority to subcontract the manufacturing of parts and accessories necessary for the firearms which the manufacturer is licensed to manufacture: Provided, That the subcontractor of major parts or major components is also licensed to manufacture firearms and ammunition; and (d) The authority to import machinery, equipment, and firearm parts and ammunition components for the manufacture thereof. Firearm parts and ammunition components to be imported shall, however, be limited to those authorized to be manufactured as reflected in the approved License to Manufacture. The Import Permit shall be under the administration of the PNP. A licensed manufacturer of ammunition is also entitled to import various reference firearms needed to test the ammunition manufactured under the License to Manufacture. A licensed manufacturer of firearms, on the other hand, is entitled to import various firearms for reference, test and evaluation for manufacture of similar, types of firearms covered by the License to Manufacture. An export permit shall, however, be necessary to export manufactured parts or finished products of firearms and ammunition. The Export Permit of firearms and ammunition shall be under the administration of the PNP Section 15. Registration of Locally Manufactured and Imported Firearms. - Local manufacturers and importers of firearms and major parts thereof shall register the same as follows: (a) For locally manufactured firearms and major parts thereof, the initial registration shall be done at the manufacturing facility: Provided, That firearms intended for export shall no longer be subjected to ballistic identification procedures; and (b) For imported firearms and major parts thereof, the registration shall be done upon arrival at the FEO of the PNP storage facility Section 16. License and Scope of License to Deal. - The License to Deal authorizes the purchase, sale and general business in firearms, accessories, spare parts, components, and reloading handling firearms and ammunition, major and minor parts of machines, which shall be issued by the Chief of the PNP. Section 17. License and Scope of License for Gunsmiths. - The license for gunsmiths shall allow the grantee to repair registered firearms. The license shall include customization of firearms from finished or manufactured parts thereof on per order basis and not in commercial quantities and making the minor parts thereof, i.e. pins, triggers, trigger bows, sights and the like only for the purpose of repairing the registered firearm. The license for gunsmiths shall be issued by the Chief of the PNP. Section 18. Firearms for Use in Sports and Competitions. - A qualified individual shall apply for a permit to transport his/her registered firearm/s from his/her residence to the firing range/s and competition sites as may be warranted. Section 19. Renewal of Licenses and Registration. - All types of licenses to possess a firearm shall be renewed every two (2) years. Failure to renew the license on or before the date of its expiration shall cause the revocation of the license and of the registration of the firearm/s under said licensee. The registration of the firearm shall be renewed every four (4) years. Failure to renew the registration of the firearm on or before the date of expiration shall cause the revocation of the license of the firearm. The said firearm shall be confiscated or forfeited in favor of the government after due process. The failure to renew a license or registration within the periods stated above on two (2) occasions shall cause the holder of the firearm to be perpetually disqualified from applying for any firearm license. The application for the renewal of the license or registration may be submitted to the FEO of the PNP, within six (6) months before the date of the expiration of such license or registration. Section 20. Inspection and Inventory. - The Chief of the PNP or his/her authorized representative shall require the submission of reports, inspect or examine the inventory and records of a licensed manufacturer, dealer or importer of firearms and ammunition during reasonable hours. REPUBLIC ACT NO. 8294 AN ACT AMENDING THE PROVISIONS OF PRESIDENTIAL DECREE NO. 1866, AS AMENDED, ENTITLED "CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF, AND FOR RELEVANT PURPOSES." Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Sec. 1 Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: "Sec. 1. Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments used or intended to be used in the manufacture of firearms or ammunition. – The penalty of prision correccional in its maximum period and a fine of not less than Fifteen thousand pesos (P15,000) shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low powered firearm, such as rimfire handgun,.380 or.32 and other firearm of similar firepower, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided, That no other crime was committed. "The penalty of prision mayor in its minimum period and a fine of Thirty thousand pesos (P30,000) shall be imposed if the firearm is classified as high powered firearm which includes those with bores bigger in diameter than.38 caliber and 9 millimeter such as caliber.40,.41,.44,.45 and also lesser calibered firearms but considered powerful such as caliber.357 and caliber.22 center-fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided, however, That no other crime was committed by the person arrested. "If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating circumstance. "If the violation of this Sec. is in furtherance of or incident to, or in connection with the crime of rebellion or insurrection, sedition, or attempted coup d'etat, such violation shall be absorbed as an element of the crime of rebellion, or insurrection, sedition, or attempted coup d'etat. "The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of their residence in the course of their employment. "The penalty of arresto mayor shall be imposed upon any person who shall carry any licensed firearm outside his residence without legal authority therefor." Section 2. Sec. 3 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: "Sec. 3. Unlawful manufacture, sale, acquisition, disposition or possession of explosives. – The penalty of prision mayor in its maximum period to reclusion temporal and a fine of not less than Fifty thousand pesos (P50,000) shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenade(s), rifle grenade(s), and other explosives, including but not limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person. "When a person commits any of the crimes defined in the Revised Penal Code or special laws with the use of the aforementioned explosives, detonation agents or incendiary devices, which results in the death of any person or persons, the use of such explosives, detonation agents or incendiary devices shall be considered as an aggravating circumstance. "If the violation of this Sec. is in furtherance of, or incident to, or in connection with the crime of rebellion, insurrection, sedition or attempted coup d'etat, such violation shall be absorbed as an element of the crimes of rebellion, insurrection, sedition or attempted coup d'etat. "The same penalty shall be imposed upon the owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the explosives owned by such firm, company, corporation or entity, to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs." Section 3. Sec. 5 of Presidential Decree No. 1866, as amended, is hereby further amended to read as follows: "Sec. 5. Tampering of firearm's serial number. – The penalty of prision correccional shall be imposed upon any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm." "Sec. 6. Repacking or altering the composition of lawfully manufactured explosives. – The penalty of prision correccional shall be imposed upon any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives." Section 5. Coverage of the Term Unlicensed Firearm. – The term unlicensed firearm shall include: 1) firearms with expired license; or 2) unauthorized use of licensed firearm in the commission of the crime. Section 6. Rules and regulations. – The Department of Justice and the Department of the Interior and Local Government shall jointly issue, within ninety (90) days after the approval of this Act, the necessary rules and regulations pertaining to the administrative aspect of the provisions hereof, furnishing the Committee on Public Order and Security and the Committee on Justice and Human Rights of both Houses of Congress copies of such rules and regulations within thirty (30) days from the promulgation hereof. Section 7. Separability clause. – If, for any reason, any Sec. or provision of this Act is declared to be unconstitutional or invalid, the other Sections or provisions thereof which are not affected thereby shall continue to be in full force and effect. Section 8. Repealing clause. – All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly. Section 9. Effectivity. – This Act shall take effect after fifteen (15) days following its publication in the Official Gazette or in two (2) newspapers of general circulation. Lesson Proper for Week 17 REPUBLIC ACT NO. 10591 AN ACT PROVIDING FOR A COMPREHENSIVE LAW ON FIREARMS AND AMMUNITION AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: ARTICLE I TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS SECTION 1. Short Title. – This Act shall be known as the “Comprehensive Firearms and Ammunition Regulation Act”. SEC. 2. Declaration of State Policy. – 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, when it is the reasonable means to repel the unlawful aggression under the circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive law regulating the ownership, possession, carrying, manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement agencies in their campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or weapons, ammunition and parts thereof. SEC. 3. Definition of Terms. – As used in this Act: (a) Accessories refer to parts of a firearm which may enhance or increase the operational efficiency or accuracy of a firearm but will not constitute any of the major or minor internal parts thereof such as, hut not limited to, laser scope, telescopic sight and sound suppressor or silencer. (b) Ammunition refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge case and primer or loaded shell for use in any firearm. (c) Antique firearm refers to any: (1) firearm which was manufactured at least seventy-five (75) years prior to the current date but not including replicas; (2) firearm which is certified by the National Museum of the Philippines to be curio or relic of museum interest; and (3) any other firearm which derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of its association with some historical figure, period or event. (d) 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. (e) Authority to import refers to a document issued by the Chief of the Philippine National Police (PNP) authorizing the importation of firearms, or their parts, ammunition and other components. (f) Authorized dealer refers to any person, legal entity, corporation, partnership or business entity duly licensed by the Firearms and Explosive Office (FEO) of the PNP to engage in the business of buying and selling ammunition, firearms or parte thereof, at wholesale or retail basis. (g) Authorized importer refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to engage in the business of importing ammunition and firearms, or parts thereof into the territory of the Republic of the Philippines for purposes of sale or distribution under the provisions of this Act. (h) Authorized manufacturer refers to any person, legal entity, corporation, or partnership duly licensed by the FEO of the PNP to engage in the business of manufacturing firearms, and ammunition or parts thereof for purposes of sale or distribution. (i) Confiscated firearm refers to a firearm that is taken into custody by the PNP, National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other law enforcement agencies by reason of their mandate and must be necessarily reported or turned over to the PEO of the PNP. (j) Demilitarized firearm refers to a firearm deliberately made incapable of performing its main purpose of firing a projectile. (k) Duty detail order refers to a document issued by the juridical entity or employer wherein the details of the disposition of firearm is spelled-out, thus indicating the name of the employee, the firearm information, the specific duration and location of posting or assignment and the authorized bonded firearm custodian for the juridical entity to whom such firearm is turned over after the lapse of the order. (l) 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. For purposes of this Act, the barrel, frame or receiver is considered a firearm. (m) Firearms Information Management System (FIMS) refers to the compilation of all data and information on firearms ownership and disposition for record purposes. (n) Forfeited firearm refers to a firearm that is subject to forfeiture by reason of court order as accessory penalty or for the disposition by the FEO of the PNP of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules and regulations. (o) Gun club refers to an organization duly registered with and accredited in good standing by the FEO of the PNP which is established for the purpose of propagating responsible and safe gun ownership, proper appreciation and use of firearms by its members, for the purpose of sports and shooting competition, self-defense and collection purposes. (p) Gunsmith refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO of the PNP to engage in the business of repairing firearms and other weapons or constructing or assembling firearms and weapons from finished or manufactured parts thereof on a per order basis and not in commercial quantities or of making minor parts for the purpose of repairing or assembling said firearms or weapons. (q) Imitation firearm refers to a replica of a firearm, or other device that is so substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm. (r) Licensed citizen refers to any Filipino who complies with the qualifications set forth in this Act and duly issued with a license to possess or to carry firearms outside of the residence in accordance with this Act. (s) Licensed, juridical entity refers to corporations, organizations, businesses including security agencies and local government units (LGUs) which are licensed to own and possess firearms in accordance with this Act. (t) Light weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles and light machine guns not exceeding caliber 7.62MM which have fully automatic mode; and Class-B Light weapons which refer to weapons designed for use by two (2) or more persons serving as a crew, or rifles and machine guns exceeding caliber 7.62MM such as heavy machine guns, handheld underbarrel and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100MM. (u) Long certificate of registration refers to licenses issued to government agencies or offices or government-owned or -controlled corporations for firearms to be used by their officials and employees who are qualified to possess firearms as provider in this Act, excluding security guards. (v) Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual other than the licensee and those with revoked licenses in accordance with the rules and regulations. (w) Major part or components of a firearm refers to the barrel, slide, frame, receiver, cylinder or the bolt assembly. The term also includes any part or kit designed and intended for use in converting a semi-automatic burst to a full automatic firearm. (x) Minor parts of a firearm refers to the parts of the firearm other than the major parts which are necessary to effect and complete the action of expelling a projectile by way of combustion, except those classified as accessories. (y) Permit to carry firearm outside of residence refers to a written authority issued to a licensed citizen by the Chief of the PNP which entitles such person to carry his/her registered or lawfully issued firearm outside of the residence for the duration and purpose specified in the authority. (z) Permit to transport firearm refers to a written authority issued to a licensed citizen or entity by the Chief of the PNP or by a PNP Regional Director which entitles such person or entity to transport a particular firearm from and to a specific location within the duration and purpose in the authority. (aa) Residence refers to the place or places of abode of the licensed citizen as indicated in his/her license. (bb) Shooting range refers to a facility established for the purpose of firearms training and skills development, firearm testing, as well as for sports and competition shooting either for the exclusive use of its members or open to the general public, duly registered with and accredited in good standing by the FEO of the PNP. (cc) Short certificate of registration refers to a certificate issued by the FEO of the PNP for a government official or employee who was issued by his/her employer department, agency or government-owned or -controlled corporation a firearm covered by the long certificate of registration. (dd) Small arms refer to 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 bursts of discharge, such as: (1) Handgun which is a firearm intended to be fired from the hand, which includes: (i) A pistol which is a hand-operated firearm having a chamber integral with or permanently aligned with the bore which may be self-loading; and (ii) Revolver which is a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges. (2) Rifle which is a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet through a rifled barrel by different actions of loading, which may be classified as lever, bolt, or self-loading; and (3) Shotgun which is a weapon designed, made and intended to fire a number of ball shots or a single projectile through a smooth bore by the action or energy from burning gunpowder. (ee) Sports shooting competition refers to a defensive, precision or practical sport shooting competition duly authorized by the FEO of the PNP. (ff) Tampered, obliterated or altered firearm refers to any firearm whose serial number or other identification or ballistics characteristics have been intentionally tampered with, obliterated or altered without authority or in order to conceal its source, identity or ownership. (gg) Thermal weapon sight refers to a battery operated, uncooled thermal imaging device which amplifies available thermal signatures so that the viewed scene becomes clear to the operator which is used to locate and engage targets during daylight and from low light to total darkness and operates in adverse conditions such as light rain, light snow, and dry smoke or in conjunction with other optical and red dot sights. ARTICLE II OWNERSHIP AND POSSESSION OF FIREARMS SEC. 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms. – In order to qualify and acquire a license to own and possess a firearm or firearms and ammunition, the applicant must be a 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. In addition, the applicant shall submit the following certification issued by appropriate authorities attesting the following: (a) The applicant has not been convicted of any crime involving moral turpitude: (b) The applicant has passed the psychiatric test administered by a PNP-accredited psychologist or psychiatrist; (c) The applicant has passed the drug test conducted by an accredited and authorized drug testing laboratory or clinic; (d) The applicant has passed a gun safety seminar which is administered by the PNP or a registered and authorized gun club; (e) The applicant has filed in writing the application to possess a registered firearm which shall state the personal circumstances of the applicant; (f) The applicant must present a police clearance from the city or municipality police office; and (g) The applicant 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. For purposes of this Act, an acquittal or permanent dismissal of a criminal case before the courts of law shall qualify the accused thereof to qualify and acquire a license. The applicant shall pay the reasonable licensing fees as may be provided in the implementing rules and regulations of this Act. An applicant who intends to possess a firearm owned by a juridical entity shall submit his/her duty detail order to the FEO of the PNP. SEC. 5. Ownership of Firearms and Ammunition by a Juridical Entity. – A juridical person maintaining its own security force may be issued a regular license to own and possess firearms and ammunition under the following conditions: (a) It must be Filipino-owned and duly registered with the Securities and Exchange Commission (SEC); (b) It is current, operational and a continuing concern; (c) It has completed and submitted all its reportorial requirements to the SEC; and (d) It has paid all its income taxes for the year, as duly certified by the Bureau of Internal Revenue. The application shall be made in the name of the juridical person represented by its President or any of its officers mentioned below as duly authorized in a board resolution to that effect: Provided, That the officer applying for the juridical entity, shall possess all the qualifications required of a citizen applying for a license to possess firearms. Other corporate officers eligible to represent the juridical person are: the vice president, treasurer, and board secretary. Security agencies and LGUs shall be included in this category of licensed holders but shall be subject to additional requirements as may be required by the Chief of the PNP. SEC. 6. Ownership of Firearms by the National Government. – All firearms owned by the National Government shall be registered with the FEO of the PNP in the name of the Republic of the Philippines. Such registration shall be exempt from all duties and taxes that may otherwise be levied on other authorized owners of firearms. For reason of national security, firearms of the Armed Forces of the Philippines (AFP), Coast Guard and other law enforcement agencies shall only be reported to the FEO of the PNP. SEC. 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly authorized representative to any qualified person whose life is under actual threat or his/her life is in imminent danger due to the nature of his/her profession, occupation or business. It shall be the burden of the applicant to prove that his/her life is under actual threat by submitting a threat assessment certificate from the PNP. For purposes of this Act, 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. 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: Provided, That, during election periods, the sale and registration of firearms and ammunition and the issuance of the corresponding licenses to citizens shall be allowed on the condition that the transport or delivery thereof shall strictly comply with the issuances, resolutions, rules and regulations promulgated by the Commission on Elections. 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, or for the issuance of a permit to transport if the person is a competitor in a sports shooting competition. If the importation of the same is allowed and the party in question desires to obtain a domestic firearm license, the same should be undertaken in accordance with the provisions of this Act. If no license is desired or leave to import is not granted, the firearm or ammunition in question shall remain in the custody of the FEO of the PNP until otherwise disposed of in-accordance with law. 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. In the case of a participant in a local sports shooting competition, the firearm must be presented to the Collector of Customs before the same is allowed to be loaded on board the carrier on which the person is to board. 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. SEC. 25. Abandoned Firearms and Ammunition. – Any firearm or ammunition deposited in the custody of the FEO of the PNP pursuant to the provisions of this Act, shall be deemed to have been abandoned by the owner or his/her authorized representative if he/she failed to reclaim the same within five (5) years or failed to advise the FEO of the PNP of the disposition to be made thereof. Thereafter, the FEO of the PNP may dispose of the same after compliance with established procedures. SEC. 26. Death or Disability of Licensee. – Upon the death or legal disability of the holder of a firearm license, it shall be the duty of his/her next of kin, nearest relative, legal representative, or other person who shall knowingly come into possession of such firearm or ammunition, to deliver the same to the FEO of the PNP or Police Regional Office, and such firearm or ammunition shall be retained by the police custodian pending the issuance of a license and its registration in accordance, with this Act. The failure to deliver the firearm or ammunition within six (6) months after the death or legal disability of the licensee shall render the possessor liable for illegal possession of the firearm. SEC. 27. Antique Firearm. – Any person who possesses an antique firearm shall register the same and secure a collector’s license from the FEO of the PNP. Proper storage of antique firearm shall be strictly imposed. Noncompliance of this provision shall be considered as illegal possession of the firearm as penalized in this Act. ARTICLE V PENAL PROVISIONS SEC. 28. Unlawful Acquisition, or Possession of Firearms and Ammunition. – The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows: (a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm; (b) 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; (c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a Class-A light weapon; (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: (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. (f) The penalty of prision mayor in its minimum period 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; (h) The penalty of prision mayor in its medium period 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 shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a 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 Class-A light weapon, the former violation shall be absorbed by the latter; (j) The penalty of prision mayor 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 shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-B light weapon, the former violation shall be absorbed by the latter. SEC. 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged: Provided, further, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty. If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion of 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. If the crime is committed by the person without using the loose firearm, the violation of this Act shall be considered as a distinct and separate offense. SEC. 30. Liability of Juridical Person. – The penalty of prision mayor in its minimum to prision mayor in its medium period shall be imposed upon the owner, president, manager, director or other responsible officer of/any public or private firm, company, corporation or entity who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding section, or willfully or knowingly allow any of them to use unregistered firearm or firearms without any legal authority to be carried outside of their residence in the course of their employment. SEC. 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision correccional 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. SEC. 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms, Ammunition or Parts Thereof. – The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall unlawfully engage in the manufacture, importation, sale or disposition of a firearm or ammunition, or a major part of a firearm or ammunition, or machinery, tool or instrument used or intended to be used by the same person in the manufacture of a firearm, ammunition, or a major part thereof. The possession of any machinery, tool or instrument used directly in the manufacture of firearms, ammunition, or major parts thereof by any person whose business, employment or activity does not lawfully deal with the possession of such article, shall be prima facie evidence that such article is intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof. The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be imposed upon any laborer, worker or employee of a licensed firearms dealer who shall unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which the company manufactures and sells, and other materials used by the company in the manufacture or sale of firearms or ammunition. The buyer or possessor of such stolen part or material, who is aware that such part or material was stol