Amending Comprehensive Firearms and Ammunition Act

Senatr Office of the exertarp TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 26 FEB 24 A11:05 SENATE RECEIVED D Senate Bill No. 1897 Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT AMENDING REPUBLIC ACT NO. 10591, AS AMENDED, OTHERWISE KNOWN AS THE "COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT" EXPLANATORY NOTE Republic Act No. 10591 or the Comprehensive Firearms and Ammunition Regulation Act the current legal framework for gun ownership, possession, manufacture and importation in the Philippines. It is grounded on the State's recognition that citizens may need firearms for self-defense and other legitimate purposes, and thus stipulates the processes through which citizens may avail themselves of this privilege. Since its enactment in 2013, efforts have been made to amend the law. Regrettably, a measure amending the law was vetoed in the 19* Congress, particularly due to provisions removing the mandatory ballistic identification requirement for locally manufactured firearms; increasing the allowable ammunition per firearm from fifty (50) to five hundred (500) rounds for regular license holders, and up to five thousand (5,000) rounds for licensed sports shooters; and streamlining of the Permit to Carry Firearms Outside Residence, as well as extending the validity and providing exemptions from threat assessment for certain professions. This current measure addresses the issues earlier raised in the President's veto message, and provides for amendments that would ensure more efficient government service delivery to responsible and qualified gun owners, while maintaining public order and safety as the utmost priority. In view of the foregoing, the immediate passage of this bill is earnestly sought. /- JUAN MIGUEL "MIGZ" F. ZUBIRI

& Office of the er clap TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session 26 FEB 24 A11:05 SENATE RECEIVED BY. 1897 Senate Bill No. _ Introduced by Senator Juan Miguel "Migz" F. Zubiri AN ACT AMENDING REPUBLIC ACT NO. 10591, AS AMENDED, OTHERWISE KNOWN AS THE "COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT" Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 3 of Republic Act No. 10591, as amended, is hereby further

amended to read as follows: "SEC. 3. Definition of Terms. - As used in this Act: XXX (y) Permit to carry firearm outside of residence (PTCFOR) refers to a written authority issued BY THE CHIEF OF THE PNP OR THE CHIEF OF THE FIREARMS AND EXPLOSIVES OFFICE UPON AUTHORITY FROM THE PNP CHIEF, to a licensed citizen, which entitles such person to carry ANY OF his/her registered or lawfully issued firearm IN ANY CONCEALED MANNER, outside of the residence for the duration and purpose specified in the authority. XXX (HH) PROOF MARKS REFER TO EXISTING MARKINGS APPLIED BY THE MANUFACTURER TO THE FIREARMS SUCH AS SERIAL NUMBER, TRADEMARK, AND COUNTRY OF ORIGIN."

SEC. 2. Section 4 of Republic Act No. 10591, as amended, is hereby further

amended to read as follows: need to read as and Requisites for Issuance of and Obtaining a License to Own and Possess Firearms. - xxx XXX (g) The applicant has not been convicted [or is currently an accused in a pending criminal case before any court of law for] OF a crime that is punishable with a penalty of more than two (2) years: PROVIDED, THAT AN APPLICANT WHO HAS A PENDING CRIMINAL CASE SHALL NOT BE AUTOMATICALLY DISQUALIFIED

UNLESS SO ORDERED BY A COURT OF COMPETENT JURISDICTION OR PROHIBITED BY RELEVANT LAWS AND REGULATIONS. XXX. "

SEC. 3. Section 7 of Republic Act No. 10591, as amended, is hereby

further amended to read as follows: "SEC. 7. Carrying of Firearms Outside of Residence or Place of Than the hit the PNE or the dung any [qualified] person WHO IS QUALIFIED TO OWN AND POSSESS FIREARM/S AND AMMUNITION UNDER SECTION 4 OF THIS ACT whose life is under actual threat or is in imminent danger due to the nature of the person's profession, occupation or business: Provided, That such permit shall be valid for two (2) years from the date of the approval of the application, unless sooner revoked or suspended PROVIDED, FURTHER, THAT A LICENSED CITIZEN GRANTED A PERMIT TO CARRY FIREARMS OUTSIDE OF RESIDENCE MAY CARRY ANYONE (1) OF HIS/HER REGISTERED OR LAWFULLY ISSUED FIREARMS AT ANY GIVEN TIME: PROVIDED, FINALLY, THAT A LICENSED SPORT SHOOTER MAY CARRY ANY THREE (3) OF HIS/HER REGISTERED OR LAWFULLY ISSUED FIREARMS AT ANY GIVEN TIME. It shall be the burden of the applicant to prove the actual threat to life by submitting a threat assessment certificate: Provided, That the appropriate PNP unit shall issue the threat assessment certificate within fifteen (15) days. For purposes of this Act, the following persons are considered to be in imminent danger due to the nature of their profession, occupation or business, and hence are exempted from the requirement of a threat assessment certificate: (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, AND ALLIED HEALTH PROFESSIONALS; (g) Engineers; (h) Businessmen, who by the nature of their business or undertaking, are exposed to high risk of being targets of criminal elements; (i) [Elected incumbent] INCUMBENT and former ELECTED officials; [and] (i) Active, HONORABLY SEPARATED, and retired military and law enforcement personnel;

(k) RESERVISTS UNDER REPUBLIC ACT NO. 7077; AND (I) CHIEF SECURITY OFFICERS OF FINANCIAL OR COMMERCIAL INSTITUTIONS."

SEC. 4. Section 12 of Republic Act No. 10591, as amended, is

hereby further amended to read as follows: "SEC. 12. License to Possess Ammunition Necessarily Included. - The [licenses] LICENSE granted [to a qualified citizen 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] FOR THE OWNERSHIP AND POSSESSION OF REGISTERED FIREARMS NECESSARILY INCLUDES THE LICENSE TO POSSESS APPROPRIATE AMMUNITION FOR THE SAME, WHICH SHALL NOT EXCEED TWO HUNDRED AND FIFTY (250) ROUNDS PER FIREARM: PROVIDED, THAT LICENSED SPORTS SHOOTERS MAY BE ALLOWED TWO THOUSAND FIVE HUNDRED (2,500) ROUNDS OF AMMUNITION PER FIREARM AT ANY GIVEN TIME: PROVIDED, FURTHER, THAT LICENSES GRANTED TO ANTIQUE FIREARM COLLECTORS ARE NOT COVERED BY THIS PROVISION."

SEC. 5. Section 13 of Republic Act No. 10591, as amended, is

hereby further amended to read as follows: "SEC. 13. Issuance of License to Manufacture or Deal in Firearms and Ammunition. - Any person, NATURAL OR JURIDICAL, desiring to [manufacture] ENGAGE IN THE BUSINESS OF MANUFACTURING, [deat] DEALING IN, SELLING, OR DISTRIBUTING [in] firearms, parts of firearms, or ammunition thereof L or instruments and implements used or intended to be used in the manufacture of firearms or ammunition] SHALL FIRST SECURE THE APPROPRIATE LICENSE FOR SUCH PURPOSE. [, shall make an appointment to: a) The Secretary of the Department of the Interior and Locat 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 CHIEF OF THE PNP OR A DULY AUTHORIZED REPRESENTATIVE SHALL BE THE APPROVING AUTHORITY FOR NEW LICENSES TO MANUFACTURE, IMPORT, AND TO DEAL INCLUDING: (A) AMENDMENTS TO EXISTING LICENSES TO MANUFACTURE, LICENSES TO IMPORT, AND LICENSES TO DEAL; (B) RENEWAL OF EXISTING LICENSES TO MANUFACTURE, LICENSES TO IMPORT, AND LICENSES TO DEAL; (C) APPLICATIONS FOR AN ADDITIONAL BRANCH OR SITE

FOR A LICENSED MANUFACTURER DUE TO EXPANSION; (D) APPLICATIONS OF A LICENSED MANUFACTURER FOR AN ADDITIONAL BRANCH OR SITE TO LOCATE SPECIAL ECONOMIC ZONE, SPECIAL ECONOMIC PROCESSING ZONE OR FREEPORT ZONE; AND (E) APPLICATIONS FOR AN ADDITIONAL BRANCH FOR A LICENSED DEALER. 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 arms, ammunition or PARTS [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] APPROVING AUTHORITY. THE ISSUANCE OF PERMITS, LICENSES, AND CERTIFICATIONS SHALL STRICTLY ADHERE TO THE PERIOD PROVIDED UNDER REPUBLIC ACT NO. 11032 OR THE "EASE OF DOING BUSINESS AND EFFICIENT GOVERNMENT SERVICE DELIVERY ACT OF 2018". The APPROVING AUTHORITY [Secretary of the DILG or the Chief of the PNP] may approve or disapprove such application based on the prescribed guidelines: PROVIDED, THAT SUCH APPROVING AUTHORITY SHALL STRICTLY OBSERVE THE CLASSIFICATION OF WEAPONS AND THEIR CORRESPONDING REQUIREMENTS AND RESTRICTIONS AS PROVIDED IN THIS ACT: PROVIDED, FURTHER, THAT IN NO CASE SHALL THE APPROVING AUTHORITY PROHIBIT OR MANUFACTURE, IMPORTATION, OR DEALING IN FIREARMS THAT ARE AUTHORIZED AND/OR REGISTRABLE UNDER THIS ACT. In the case of approval, the APPROVING AUTHORITY [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. LICENSE APPLICATIONS MAY BE PROCESSED THROUGH A DULY AUTHORIZED REPRESENTATIVE BY PROVIDING: (A) A SPECIAL POWER OF ATTORNEY IN THE CASE OF SOLE PROPRIETORSHIPS; (B) A PARTNERSHIP RESOLUTION IN THE CASE OF PARTNERSHIPS; OR (C) A BOARD RESOLUTION IN THE CASE OF CORPORATIONS. Upon approval of the license to manufacture or otherwise deal in firearms by [the Secretary of the DILG or] the Chief of the PNP OR A DULY AUTHORIZED REPRESENTATIVE 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] WITH the laws and regulations relative to the business licensed. THE LICENSE TO MANUFACTURE AND THE LICENSE TO DEAL SHALL BE VALID FOR A PERIOD OF TEN (10) YEARS. IN APPROVING APPLICATIONS FOR RENEWAL OF THE LICENSE TO MANUFACTURE OR LICENSE TO DEAL, THE APPROVING AUTHORITY MAY GRANT A LICENSE FOR A LONGER PERIOD, INCLUDING BUT NOT LIMITED TO THE FOLLOWING INSTANCES: (A) MERITORIOUS CASES SUCH AS EXPANSION OF OPERATIONS BY AN EXISTING LICENSE HOLDER, WHETHER NATURAL OR JURIDICAL, FOREIGN OR DOMESTIC; OR (B) IN PROPORTION TO THE CAPABILITY OF THE APPLICANT IN TERMS OF FACTORS SUCH AS, BUT NOT LIMITED TO CAPITALIZATION, EQUIPMENT, AND NUMBER OF DEALERSHIP LOCATIONS. IN SUCH CASES, IT SHALL BE THE DUTY OF THE APPLYING ENTITY TO PROPOSE A LONGER PERIOD AND TO JUSTIFY THE NEED FOR THE SAME."

SEC. 6. Section 14 of Republic Act No. 10591, as amended, is

hereby further amended to read as follows: "SEC. 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] APPROVING AUTHORITY shall approve such license; (b) xxx (c) xxx (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] PNP-CIVIL SECURITY GROUP (PNP-CSG). A licensed manufacturer of ammunition is also entitled to import various reference firearms needed to test the ammunition manufactured AND VARIOUS REFERENCE AMMUNITION FOR RE-ENGINEERING, RESEARCH, AND DEVELOPMENT PURPOSES 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.

XXx."

SEC. 7. Section 18 of Republic Act No. 10591, as amended, is

hereby further amended to read as follows: "SEC. 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] FROM THE CHIEF PNP OR THE CHIEF OF THE REGIONAL CIVIL SECURITY UNIT (RCSU) WITH JURISDICTION, SHOULD SUCH QUALIFIED INDIVIDUAL FIREARM OWNER NOT OTHERWISE HAVE A PTCFOR."

SEC. 8. Section 21 of Republic Act No. 10591, as amended, is

hereby further amended to read as follows: "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 juridicat entity.] ACQUISITION, PURCHASE, OR TRANSFER OF FIREARMS AND AMMUNITION. - FIREARMS AND AMMUNITION MAY ONLY BE ACQUIRED OR PURCHASED FROM AUTHORIZED DEALERS, IMPORTERS, OR LOCAL MANUFACTURERS BY A LICENSED CITIZEN OR LICENSED JURIDICAL ENTITY: PROVIDED, THAT A LICENSED FIREARM HOLDER WHO IS NO LONGER INTERESTED TO CONTINUE THE POSSESSION OF SUCH LICENSED FIREARM MAY TRANSFER THE SAME TO A LICENSED HOLDER OR JURIDICAL ENTITY, SUBJECT TO THE PROVISIONS OF THIS ACT. [Provided, that, d]During election periods, the sale, TRANSFER, and registration of firearms, [and] ammunition, THEIR MAJOR PARTS AND COMPONENTS and the issuance of [the corresponding licenses to citizens] LICENSES AND PERMITS TO QUALIFIED INDIVIDUALS OR JURIDICAL ENTITIES shall be allowed [on the condition that]: PROVIDED, THAT the transport or delivery [thereof] OF THE FIREARMS shall strictly comply with the issuances, resolutions, rules, and regulations promulgated by the strict, Commission Elections: FURTHER, FIREARMS DE ACTICE MILITARY AND POLICE PERSONNEL, INCLUDING THEIR PERSONAL FIREARMS, ARE EXEMPT FROM HAVING TO OBTAIN AN AUTHORITY TO TRANSPORT FROM THE COMMISSION ON ELECTIONS (COMELEC): PROVIDED, FURTHER, THAT FIREARMS AND PARTS THEREOF SOLELY FOR IMPORT/EXPORT AND FOR USE IN SPORTS COMPETITIONS ABROAD SHALL BE SIMILARLY EXEMPT: PROVIDED, FURTHERMORE, THAT TRANSPORTATION OF SUCH GOODS SHALL BE COVERED BY A PNP IMPORT OR EXPORT PERMIT, A PERMIT TO TRANSPORT FIREARM, AND SHALL BE ACCOMPANIED BY POLICE ESCORT TO OR FROM THE PORT/AIRPORT OF ARRIVAL OR DEPARTURE FROM THE PHILIPPINES: PROVIDED, FINALLY, THAT THE DURATION OF THE GUN BAN DURING AN ELECTION PERIOD SHALL ONLY

BE FOR FORTY-FIVE (45) DAYS BEFORE AND FIVE (5) DAYS AFTER THE ELECTION. IN NO CASE SHALL A PROHIBITION ON THE TRANSPORT OR DELIVERY BE IMPOSED OUTSIDE THE ELECTION PERIOD, UNLESS OTHERWISE DECLARED DURING A STATE OF EMERGENCY OR STATE OF CALAMITY AND APPROVED BY THE PRESIDENT."

SEC. 9. Section 26 of Republic Act No. 10591, as amended, is

hereby further amended to read as follows:

SEC. 26. Death or [Disability] LEGAL INCAPACITY 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.] IN CASE THE HOLDER OF A LICENSE TO OWN AND POSSESS A FIREARM (LTOPF) IS LEGALLY INCAPACITATED, THE OWNERSHIP OF HIS/HER REGISTERED FIREARM MAY BE TRANSFERRED TO THE HOLDER'S DESIGNATED NEXT OF KIN INDICATED IN THE LICENSE WITHIN SIX (6) MONTHS FROM THE DATE OF LEGAL INCAPACITY: PROVIDED, THAT THE NEXT OF KIN SHALL SECURE AN LTOPF AND TRANSFER THE REGISTRATION OF SUCH FIREARM IN HIS/HER NAME, IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT. IN CASE OF DEATH, THE ESTATE OF THE DECEASED HAS THE OPTION TO SELL, DISPOSE, OR TRANSFER OWNERSHIP TO A LICENSED HOLDER OR LICENSED JURIDICAL ENTITY. PENDING REGISTRATION AND ISSUANCE OF AN LTOPF OR WHILE AWAITING SALE, DISPOSITION, OR TRANSFER OF SUCH FIREARM, THE NEXT OF KIN OR THE REPRESENTATIVE OF THE LEGALLY INCAPACITATED PERSON OR THE ESTATE OF THE DECEASED SHALL DELIVER THE SAME TO THE FEO OF THE PNP OR POLICE REGIONAL OFFICE WITHIN SIX (6) MONTHS FROM THE DATE OF INCAPACITY OR DEATH. THE ESTATE OF THE DECEASED MAY ALSO OPT TO DONATE THE REGISTERED FIREARM TO THE PNP AND AFP, WHICH DONATION SHALL BE EXEMPT FROM DONOR'S TAX. SUCH DONATION SHALL BE PROPERLY RECORDED AND ASSIGNED TO THE ACTIVE PNP OR AFP PERSONNEL."

SEC. 10. Section 32 of Republic Act No. 10591, as amended, is

hereby further amended to read as follows: "SEC. 32. Unlawful Manufacture, Importation, EXPORTATION, GUNSMITHING, 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, EXPORTATION, GUNSMITHING, sale or disposition of a firearm or ammunition, or a major part of a firearm or ammunition, [or machinery, toot] or instrument used or intended to be used by the same person in the manufacture of a firearm, ammunition, or a major part thereof.

SEC. 11. Section 43 of Republic Act No. 10591, as amended, is

hereby further amended to read as follows: "SEC. 43. [Final FIREARMS 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] FIREARMS Amnesty within [six (6) months] ONE (1) YEAR from the [promulgation [of the implementing rules and regulations] EFFECTIVITY of this Act. During the interim period of [six (6) months] ONE (1) YEAR, no person applying for A license shall be charged of any delinquent payment accruing to the firearm subject for registration. The PNP shall conduct an intensive nationwide campaign to ensure that the general public is properly informed of the provisions of this Act."

SEC. 12. Implementing Rules and Regulations. - Within thirty

(30) days from the effectivity of this Act, the Department of the National Interior and Local Government, the Philippine Police, the National Police Commission, and the relevant stakeholders, shall formulate the necessary rules and regulations for the effective implementation of this Act.

SEC. 13. Separability Clause. - If any portion of this Act is

declared unconstitutional, the remainder any provision not affected thereby shall remain in force and effect.

SEC. 14. Repealing Clause. - All laws, decrees, ordinances,

rules, regulations, other issuances, or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SEC. 15. Effectivity Clause.

- This Act shall take effect after fifteen (15) days from its publication in the Official Gazette or in a newspaper of general circulation. Approved,