COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT

Case Overview and Summary

Summary of the Comprehensive Firearms and Ammunition Regulation Act

Declaration of Policy (Section 2)
- The State aims to maintain peace and order, protect people from violence, and recognize the right of qualified citizens to self-defense through reasonable use of firearms.
- The State shall provide a comprehensive law regulating firearms, ammunition, and parts to support law enforcement, stop proliferation of illegal firearms, and regulate manufacturing.

Ownership and Possession of Firearms (Sections 4-7)
- To own and possess firearms, applicants must be Filipino citizens, at least 21 years old, with gainful work or filed income tax return, and meet other requirements like psychiatric test, gun safety seminar, police clearance, etc. (Section 4)
- Juridical entities like companies with security forces can own firearms if Filipino-owned, operational, compliant with SEC requirements, and paid income taxes. (Section 5)
- Government firearms shall be registered with the PNP Firearms and Explosives Office (FEO). (Section 6)
- Permits are required to carry firearms outside residence for those under threat or in high-risk professions like lawyers, accountants, media, cashiers, etc. (Section 7)

Registration and Licensing (Sections 8-20)
- The PNP Chief through FEO shall issue licenses and register firearms. (Section 8)
- Individual licenses allow possession of 2 to 15+ firearms depending on type, with requirements like vaults, inspections, and bonds for higher tiers. (Section 9)
- Only small arms can be registered by citizens/entities; light weapons are for law enforcement only, with exceptions. (Section 10)
- Firearms must be registered with the FEO upon purchase, with certificates issued. (Section 11)
- Licenses include possession of up to 50 rounds per firearm, more for sports shooters. (Section 12)
- Licenses are required to manufacture, deal in, or repair firearms/ammunition, with approvals from DILG or PNP Chief. (Sections 13-17)
- Permits are required to transport firearms for sports/competitions. (Section 18)
- Licenses and registrations must be renewed every 2-4 years; failure leads to revocation. (Section 19)
- The PNP can inspect records of manufacturers, dealers, and importers. (Section 20)

Acquisition, Deposit, Abandoned and Antique Firearms (Sections 21-27)
- Firearms/ammunition can only be acquired from authorized dealers/manufacturers and transferred between licensed individuals/entities, with exceptions during elections. (Section 21)
- Arriving foreigners must deposit undeclared firearms with Customs for PNP safekeeping or transport permit for competitions. (Sections 22-23)
- Licensees can deposit firearms with the PNP for safekeeping for a fee. (Section 24)
- Unclaimed deposited firearms after 5 years are deemed abandoned and can be disposed of by the PNP. (Section 25)
- Upon a licensee's death/disability, firearms must be surrendered to the PNP within 6 months. (Section 26)
- Antique firearms must be registered and a collector's license obtained from the PNP. (Section 27)

Penal Provisions (Sections 28-41)
- Unlawful acquisition/possession of firearms is penalized with prision mayor to reclusion perpetua depending on type of firearm and conditions like loaded, with accessories, etc. (Section 28)
- Using a loose firearm in committing a crime is an aggravating circumstance with additional penalties. (Section 29)
- Companies are liable if they allow use of unregistered/unlicensed firearms by employees. (Section 30)
- Carrying a registered firearm outside residence without permit is punishable by prision correccional and P10,000 fine. (Section 31)
- Unlawful manufacture, import, sale or disposition of firearms/ammunition is punishable by reclusion temporal to reclusion perpetua. (Section 32)
- Arms smuggling is punishable by reclusion perpetua. (Section 33)
- Tampering with firearm identification is punishable by prision correccional to prision mayor. (Section 34)
- Using imitation firearms in crimes is punishable under the law. (Section 35)
- Seized firearms remain in court custody during pendency of case. (Section 36)
- Violations carry accessory penalty of confiscation and forfeiture of firearms/ammunition. (Section 37)
- Planting evidence is punishable by prision mayor to reclusion perpetua for public officers. (Section 38)
- Licenses can be revoked for offenses, convictions, negligence, falsified documents, etc. (Section 39)
- Failure to report lost/stolen firearm is punishable by P10,000 fine. (Section 40)
- Illegal transfer/registration of firearms is punishable by prision correccional and disqualification from licenses. (Section 41)

Final Provisions (Sections 42-47)
- The PNP FEO shall be the sole repository of all firearms records. (Section 42)
- A 6-month final amnesty is granted to register unregistered/unlicensed firearms. (Section 43)
- Implementing rules shall be issued within 120 days by the PNP Chief after public consultations. (Section 44)
- The law repeals inconsistent provisions of previous laws. (Section 45)
- Separability clause for unconstitutional provisions. (Section 46)
- The law takes effect 15 days after publication in a newspaper. (Section 47)