Salient features of RA 10591 | Inquirer Opinion

Salient features of RA 10591

/ 09:59 PM October 05, 2013

Title: An Act Providing for a Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations Thereof; or the Comprehensive Firearms and Ammunition Regulation Act

Passage by Congress: Feb. 4 and 5, by the Senate and House of Representatives, respectively

Approval by the President: May 29

Declaration of policy :   Recognizes the right of qualified citizens to self-defense through the use of firearms; regulates ownership, possession, carrying, importation, manufacture; stops proliferation of illegal firearms and illegal manufacture, among other things.

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Gun ownership by a juridical entity: SEC-registered corporations, represented by the President or any officer based on a board resolution; local government units and security agencies qualify as juridical entities subject to additional requirements as may be required by the Chief of the Philippine National Police.

Who may get a license: Applicant must be a Filipino citizen, at least 21 years old and has gainful work, occupation or business or has filed an income tax return for the preceding year as proof of income, profession, business or occupation.

Repository of all firearms records: The PNP-FEO (Firearms and Explosives Office), to include imported and locally manufactured firearms and ammunition.

Carrying of firearms outside residence or place of business: The following are considered to be in imminent danger due to the nature of their profession, occupation or business: lawyers, CPAs, media practitioners, cashiers, bank tellers, priests, ministers, rabbi, imams, physicians and nurses, engineers and businessmen.

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Formulation of implementing rules and regulations (IRR): The PNP Chief formulates the IRR within 120 days after effectivity of the law

Authority to import: A document issued by the Chief of the PNP authorizing the importation of firearms, or their parts, ammunition and other components.

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Authorized dealer: Any person, legal entity, corporation, partnership or business entity duly licensed by the FEO.

Authorized manufacturer: Any person, legal entity, corporation or partnership duly licensed by the FEO.

Confiscated firearm: A firearm that is taken into custody by the PNP, National Bureau of Investigation, Philippine Drug Enforcement Agency (PDEA) and all other law enforcement agencies.

Confiscated firearm: A firearm that is seized by the PNP, NBI, PDEA and all other law enforcement agencies.

Licensed juridical entity: Corporations, organizations, businesses, including security agencies and local government units, which are licensed to own and possess firearms in accordance with this Act.

What may be licensed by qualified citizens or licensed juridical entities: Only small arms.

How can one retain ownership of high-powered firearms? Registration of unregistered firearms and renewal of expired licenses, through a final general amnesty, without making any delinquent payment and facing a penalty.  Private individuals who already have licenses to possess Class A light weapons shall not be deprived of the privilege to continue possessing the same and renewing the license.

Possession of ammunition: License to possess up to 50 rounds for each registered firearm

How many licenses can be applied for?

Subject to the requirements set forth in this Act and payment of required fees to be determined by the Chief of the PNP, a qualified individual may be issued the appropriate license under the following categories:

Type 1 license – maximum of 2 firearms

Type 2 license – maximum of 5

Type 3 license – maximum of 10

Type 4 license -maximum of 15

Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more than 15 firearms

Penal provisions: If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of rebellion or insurrection, or attempted coup d’etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’etat.

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Final amnesty: Persons in possession of unregistered firearms and holders of expired license or unregistered firearms shall register and renew the same through the final general amnesty within six months from the promulgation of the implementing rules and regulations of this Act. During the interim period of six months, no person applying for license shall make a delinquent payment accruing to the firearm subject for registration. Ed Quitoriano

TAGS: firearms, laws

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