Sonat SEVENTEENTH CONGRESS OF THE ) betes ofthe Boecevary REPUBLIC OF THE PHILIPPINES ) : . Second Regular Session ) “18 MAR IZ P6 25 SENATE S.No. 739 ana er Introduced by Senator Ralph G. Recto AN ACT. AMENDING SECTIONS 4, 5, 6, 7, 8, 11, 12, 18, 19 AND 21 OF REPUBLIC ACT NO. 10591 OTHERWISE KNOWN AS “THE COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT” EXPLANATORY NOTE Republic Act No. 10591 otherwise known as the “Comprehensive Firearms and Ammunition Regulation Act” recognizes (a) the right of qualified private citizens to self-defense through the use of licensed firearms; and, (b) the need 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. The intention of RA 10591 is to account and register firearms in accordance with the requirements of state laws and regulations. Included are provisions that regulate the manufacture, import and export of firearms and its essential accessories. However, it appears that certain provisions of the statute were, intentionally or unintentionally, too rigid and rendered it unreasonably difficult for private citizens to own or use licensed firearms. In as much as individual gun owners have responsibilities, they also have rights recognized by the Act itself that should not be unreasonably deprived. Hence, this bill proposes the rationalizing of certain provisions of the existing law so that individuals will not be unduly deprived to legally own firearms and, consequently, to defend themselves, their loved ones and their property In summary, the proposed measure seeks to achieve the following: 1. Rationalize the standards and requisites for issuance of and obtaining a License to Own and Possess Firearms (LTOPF); 2. Expand the provision on the ownership of firearms and ammunition by a juridical entity; 3. Clarify the ownership of firearms by the National Government of firearms; 4. Decentralize the issuance the approval and issuance of LTOPF: 5. Further clarify the provision on registration of firearms;6. Broaden the provision on the license to possess ammunition; 7. Specify the validity of the permit to transport firearms for use in training, sports and competitions; 8, Extend the validity of the permit to carry, LTOPF and registration of firearms; Streamline the registration and renewal process; and, 10. Simplify the provisions on the sale and registration, transport and delivery of firearms and sale of ammunition during election period. Given the foregoing ends, the approval of this bill is earnestly sought. RALPH GRE!wavansunr 10 11 12 13 14 15, 16 7 18 19 20 21 22 23 24 25 26 7 28 29 30 31 SEVENTEENTH CONGRESS OF THE. ) Nest Ot REPUBLIC OF THE PHILIPPINES ) Second Regular Session ) SENATE RECEIVED Br S.No._1739 AMENDING SECTIONS 4, 5, 6, 7, 8, 11, 12, 18, 19 AND 21 OF REPUBLIC ACT NO. 10591 OTHERWISE KNOWN AS “THE COMPREHENSIVE FIREARMS AND Introduced by Senator Ralph G. Recto AN ACT AMMUNITION REGULATION ACT” Be it enacted in the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Section 4 of Republic Act No. 10591 is hereby amended to read as follows: “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 REGISTERED firearm, [or] firearms and ammunition, the applicant must be a Filipino resident, OF SOUND MIND, 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, or occupation, AND MUST BE SHOWN TO NOT BE 1E INFLUENCE OF PROHIBITED NARCOTICS. busine UNDER THE APPLICATION, ALONG WITH THE REQUIRED SUPPORTING DOCUMENTS AND CLEARANCES AS MAY BE PROVIDED IN THE IMPLEMENTING RULES AND. REGULATIONS OF THIS ACT, SHALL BE SUBMITTED TO. THE FEO OR TO SUCH OTHER PNP OFFICES WHICH THE CHIEF, PNP MAY DESIGNATE FOR THE PROCESSING THEREOF; PROVIDED THAT, ONLY SUCH DOCUMENTS AND CLEARANCES SUFFICIENT TO ESTABLISH THE. IDENTITY AND PROVE THE QUALIFICATION OF THE APPLICANT SHALL BE REQUIRED; PROVIDED FURTHER THAT, PERSONS CONVICTED BY FINAL JUDGEMENT OF A. CRIME INVOLVING MORAL TURPITUDE ARE NOT QUALIFIED TO OWN AND POSSESS FIREARMS UNLES: ABSOLUTELY PARDONED BY THE PRESIDENT; PROVIDED FINALLY THAT, THE PENDENCY OF A CRIMINAL CASE. SHALL NOT SERVE AS A BAR FOR THE ISSUANCE OF LICENSE TO OWN AND POSSESS FIREARMS AND. AMMUNITION, EXCEPT IN CASES WHERE THERE IS A FINDING OF PROBABLE CAUSE FOR THE COMMISSION OF 18 MAR I2 P6 25No 10 a 12 13 14 15 16 a7 18 19 20 a 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 a 42 A CRIME AND THE COMMISSION OF SUCH CRIME. INVOLVES THE USE OF A FIREARM. [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 admi PNP-accredited psychologist or psychiatrist; tered by a (©) The applicant has passed the drug test conducted by an accredited and authorized drug testing laboratory or clinic; (a) 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. 2. Section 5 of Republic Act No. 10591 is hereby amended to read as follows: Ownership of Firearms and Ammunition by a ~ A juridical person maintaining its own security force, SHOOTING RANGES ACCREDITED BY THE PNP, SCHOOLS. OFFERING MARKSMANSHIP TRAINING, MANUFACTURERS, NEEDING FIREARMS AND AMMUNITION FOR TESTING, AND FACILITIES FOR RESEARCH AND DEVELOPMENT may be issued a regular license to own and possess firearms and ammunition under the following conditions:wavaneunn 10 cre 12 13 14 15 16 7 18 19 20 2a 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45, 46 47 48 49 50 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: ©) It has [completed and} submitted all fits] reportorial requirements OF THE VARIOUS REGULATORY AGENCIES OF THE GOVERNMENT INCLUDING BUT NOT LIMITED to the SEC; and, 4) It has [paid all its income taxes for the year] NO TAX ABILITIES TO THE GOVERNMENT, as duly certified by the Bureau of Internal Revenue. THE APPLICATION OF JURIDICAL ENTITIES, WHICH SHALL INCLUDE PRIVATE SECURITY AGENCIES AND LGUS SUBJECT TO ADDITIONAL REQUIREMENTS AS MAY BE REQUIRED BY THE CHIEF OF THE PNP, AND THE REQUIRED DOCUMENTS AND CLEARANCES AS PROVIDED IN THE IMPLEMENTING RULES AND REGULATIONS OF THIS ACT SHALL BE SUBMITTED TO THE FEO OR TO SUCH OTHER OFFICES WHICH THE CHIEF, PNP MAY DESIGNATE FOR THE PROCESSING THEREOF; PROVIDED THAT, ONLY SUCH DOCUMENTS AND CLEARANCES SUFFICIENT TO ESTABLISH THE EXISTENCE AND PROVE THE QUALIFICATIONS OF THE APPLICANT SHALL BE REQUIRED. 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 of the qualifications AND NONE OF THE DISQUALIFICATIONS 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. SEC. 3. Section 6 of Republic Act No. 10591 is hereby amended to read as follows: 'ec. 6. Ownership of Firearms by the [National] Government. — All firearms owned by the [National] DIFFERENT DEPARTMENTS, BUREAUS, OFFICE: AGENCIES AND INSTRUMENTALITIES OF THE GOVERNMENT, INCLUDING LGUS AND GOC 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] FEES and [taxes] CHARGES that may otherwise be [levied on other authorized owners of firearms} COLL TED FROM INDIVIDUALS AND PRIV JURIDICAL ENTITIES PURSUANT TO THIS ACT. For reason ofSEC. 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. 4. Section 7 of Republic Act No. 10591 is hereby amended to read as follows: “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. PROVIDED, THAT SUCH PERMIT SHALL BE RENEWED EVERY FOUR (4) YEARS RECKONED FROM THE BIRTHDATE OF THE APPLICANT, UNLESS SOONER REVOKED OR SUSPENDED. XXX '. Section 8 of Republic Act No. 10591 is hereby amended to read as follows: “See 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.] UNLESS OTHERWISE DESIGNATED BY THE CHIEF OF THE PNP TO SOME OTHER PNP OFFICE, THE AUTHORITY TO APPROVE THE ISSUANCE OF LICENSE TO OWN AND POSSESS FIREARMS, AND PROC! THE APPLICATIONS FOR THE REGISTRATION THEREOF, SHALL BE VESTED IN THE FEO UNDER THE SUPERVISION OF THE CHIEF OF THE PNP. UPON APPROVAL, THE LICENSE AND CERTIFICATE OF REGISTRATION SHALL BE ISSUED BY THE FEO OR SUCH OTHER OFFICES WHICH THE CHIEF, PNP MAY DESIGNATE, FOR THE PROCESSING THEREOF, AS THE CASE MAY BE, IN SUCH FORM PRESCRIBED BY THE CHIEF OF THE PNP.” SEC. 6. Section 11 of Republic Act No. 10591 is hereby amended to read as follows: “See 11. Registration of Firearms. ~ [The] Licensed [citizen] INDIVIDUALS or licensed juridical [entity] ENTITIES shall register {his/her/its] THEIR firearms [so purchased] ACQUIRED FROM LEGAL SOURCES with the FEO of the PNP in accordance with the type of license [such licensed citizen or licensed juridical entity ISSUED TO SUCH INDIVIDUAL OR ENTITY. [A] The certificate of reasonable fees. ‘zistration [of the firearm] shall be issued upon payment of For THE purpose[s] of this Act, registration SHALL refer{s] 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] THE PERTINENT PROVISIONS of this Act.” SEC. 7. Section 12 of Republic Act No. 10591 is hereby amended to read as follows:warausune 10 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 “See 12. License to Possess Ammunition Necessarily Included. ~ The licenses granted to qualified citizens or juridical entities as provided in S 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] OF THE CALIBER OF THE QUALIFIED CITIZEN'S REGISTERED FIREARM. tion 9 of this Act shall include the license to possess SEC. 8. Section 18 of Republic Act No. 10591 is hereby amended to read as follows: “See 18. Firearms for Use in Training, Sports and Competitions. — A qualified individual shall apply for a permit to transport for his/her registered firearms from his/her residence to the firing range’s and competition sites as may be warranted: PROVIDED, THAT SUCH PERMIT TO TRANSPORT SHALL BE VALID FOR THREE (3) MONTHS OR LONGER AS MAY BE PROVIDED IN THE IMPLEMENTING RULES AND REGULATIONS OF THIS ACT.” SEC. 9. Section 19 of Republic Act No. 10591 is hereby amended to read as follows: “See 19. Renewal of Licenses and Registration. Alll types of licenses to possess a firearm shall be renewed every [two (2)] FOUR (4) years RECKONED FROM THE BIRTHDATE OF THE LICENSEE, UNLESS SOONER REVOKED OR SUSPENDED. [Failure to renew the license on or before the date of its expiration shall ca the revocation of the license and of the registration of the firearm/s under said licensee. | The registration of firearm shall be renewed every four (4) years. RECKONED FROM THE BIRTHDATE OF THE ICENSEE. 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] SHALL RESULT IN THE PENALTIES FOR THE LATE REGISTRATION OF FIREARMS AND OTHER SANCTIONS AS MAY BE PROVIDED IN THE IMPLEMENTING RULES AND REGULATIONS OF THIS ACT. [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 li 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. LICENSES AND REGISTRATIONS SHOULD BE RENEWED PRIOR TO ITS EXPIRATION: PROVIDED, THATwer aueune 10 1 12 13 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 a 42 43 44 45 46 a7 EVEN BEYOND SUCH EXPIRATION, LICENSES AND REGISTRATIONS MAY BE RENEWED BASED ON VALID AND MERITORIOUS GROUNDS AS MAY BE ALLOWED BY THE CHIEF OF THE PNP, UNDER CONDITIONS AS MAY BE PROVIDED IN THE IMPLEMENTING RULES AND REGULATIONS OF THIS ACT. UNLI THE HOLDER OF A LICENSE AND/OR REGISTRATION HAS VIOLATED ANY OF THE PROVISIONS OF THIS ACT AND ITS IMPLEMENTING RULES AND REGULATIONS OR HAS LOST THE QUALIFICATIONS OR GAINED THE DISQUALIFICATIONS IN THIS ACT, RENEWAL, OF LICENSE TO OWN AND POSSESS FIREARMS AND REGISTRATION SHALL BE RENEWED AUTOMATICALLY UPON FILING OF RENEWAL FORM AND PAYMENT. THE FEO OF THE PNP SHALL BE MANDATED TO. DEVELOP AND OPERATE AN ONLINE RENEWAL SYSTEM TO ENSURE THE EFFICIENCY OF THE RENEWAL PROCESS AND PROVIDE CONVENIENCE TO THE PUBLIC.” SEC. 10. Section 21 of Republic Act No. 10591 is hereby amended to read as follows: “See 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 ele firearms, and] SALE OF ammunition and the issuance of corresponding, jon periods, [the] sale and registration of licenses to citizens shall be allowed on the condition that the transport or delivery [thereof] OF FIREARMS shall strictly comply with the issuances, resolutions, rules and regulations promulgated by the Commission on Elections (COMELEC); PROVIDED FURTHER, THAT THE TRANSPORT OR DELIVERY OF FIREARMS TO PLACES IDENTIFIED BY THE PNP AS ELECTION “HOT- SPOTS” MAY BE, AT ANY TIME, SUSPENDED BY THE. COMELEC.” SEC. 11. Implementing Rules and Regulations. - Within one hundred twenty (120) days from the effectivity of this Act, the Chief of the PNP, after public hearings and consultation with concerned sectors of society shall formulate the necessary rules and regulations for the effective implementation of this Act to be published in at least two (2) national newspapers of general circulation. SEC. 12. Repealing Clause. ~ All laws, presidential decrees and issuances, executive orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.ausunn SEC. 13. Separabitity Clause. - Any portion of this Act that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof as such remaining provisions can still subsist and be given effect. SEC. 14. Effectivity. — This Act shall take effect fifteen (15) days following its publication in the Official Gazette or in a newspaper of general circulation in the Philippines. Approved,