BASIC FIREARMS LAWS, RULES AND REGULATIONS

Subject: BASIC FIREARMS LAWS, RULES AND REGULATIONS Sat Jul 14, 2007 2:04 am

BASIC FIREARMS LAWS, RULES AND REGULATIONS

Applicable provisions of Republic Act No. 8294

Section 1 of Presidential Decree No. 1866 as amended, is hereby further amended to read as follows:

“Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunitions – The penalty of prision correccional in its maximum period and a fine of not less that Fifteen Thousand pesos(P15,000.00) shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose or possess any low-powered firearm such as rim fire 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 (30,000.00) shall be imposed if the firearm is classified as high-powered firearm which includes those with bores bigger in diameter that .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.”

Applicable provisions of Republic Act No. 8294

Section 2. Presidential Decree No. 1866. Presumption of illegal Manufacture of Firearms or Ammunition – The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition.

Section 7. Presidential Decree No. 1866. Unauthorized issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence – The penalty of prision correccional shall be imposed upon any person, civilian or military, who shall issue authority firearm and/or ammunition outside of residence, without authority therefore.

“Firearm” as herein used, includes rifles, muskets, carbines, shotguns, revolvers, pistols and all other deadly weapons from which a bullet, ball, shot, shall or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles and air pistols not classified as toys under the provisions of Executive Order No. 712 dated 28 July 1981. The barrel of any firearm shall be considered a complete firearm.

“Ammunition” - refers to loaded shells for rifles, muskets, carbines, shotguns, revolvers, pistols and other firearms from which a bullet, ball, shot, shall or other missile may be fired by means of gunpowder of explosives.

”Permit To Carry Firearm Outside of Residence” - is written authority issued to any person by the Chief of Constabulary which entitles such person o carry his licensed or lawfully issued firearms outside of residence for the duration and purpose specified therein.

“Residence” – refers to that place where the firearm and ammunition is being permanently kept. It includes the office or house where it is kept and premises of the house enclosed by walls and gates separating said premises from adjacent properties. For firearms covered by a Regular License or Special Permit their residence shall be hat specified in the license or permit; and those covered by a Certificate of Registration or a Memorandum Receipt their residence in the office/station to which the grantee belongs.
NUMBER AND TYPES OF FIREARMS THAT MAY BE POSSESSED

1. Each individual may hold under license a maximum of only one (1) low-powered rifle caliber 22 or shotgun not heavier than 12 gauge and one (1) pistol or revolver, not higher than caliber .38 except caliber .357 and caliber .22 center fire magnum and those which may later be classified by the Chief, Philippine National Police (C, PNP) as high-powered regardless of the type, make or caliber.

2. Officers and non-commissioned police officers enlisted personnel in the active service and in the retired list of the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) may hold under license a maximum of only one (1) low powered rifle caliber .22 or shotgun not heavier than 12 gauge and one (1) sidearm of any type or caliber.

3. Commissioned Officers in good standing of the Reserve Force of the AFP who are on inactive status may hold under license a maximum of only one (1) low-powered rifle caliber .22 or shotgun not heavier than 12 gauge and one (1) sidearm not heavier than caliber .45, except caliber .357 and caliber .22 center fire magnum and those which may later be classified by the C, PNP as high-powered regardless of the type, make and caliber.
LEGAL SOURCES OF FIREARMS

1. Firearms may be procured/purchased from any of the following sources:

a. Licensed firearm holder, through transfer or sale

b. Licensed firearm holder, through purchase

c. Importation/Purchase Abroad

2. If the firearm was acquired through transfer or sale from a duly licensed holder, the firearm should be delivered by the transfer/vendor to the transferee/buyer only after the latter has secured the corresponding license.

3. The importation or purchase of firearms and ammunition abroad by individual has been suspended by order of the President (SOP Nr 13 dated September 19, 1991).

c. General Policies on Possession of Firearms by Diplomats

SUBJECT: Possession of Firearms by Diplomats in the Philippines
TO: Chief Philippine Constabulary
Camp Crame, Quezon City

1. Authority:

a. Sections 887 and 888, Revised Administrative Code.

b. G. O. 7-B, SOP dated 17 January 1973.

2. Purpose: This letter prescribes the guidance in the possession of firearms by diplomats in the Philippines.

3. Definition: Diplomats shall include ambassadors, consuls, ministers, attaches and secretaries of foreign mission in the Philippines including representatives of the United Nations.

4. General Policies on Firearms:

a. Under our present laws, the possession of firearms by foreigners shall be in accordance with pertinent rules and regulations promulgated by competent authority.

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