Comprehensive Firearms and Ammunition Regulation Act (R.A. No. 10591)

The Comprehensive Firearms and Ammunition Regulation Act (Republic Act No. 10591), enacted on May 29, 2013, governs the ownership, possession, carrying, manufacture, importation, and exportation of firearms, ammunition, or parts in the Philippines. Below is a detailed discussion of the pertinent provisions under Sections 3 and 28-41 of the law.

Section 3. Definitions

This section provides key definitions that are foundational to understanding and implementing the law. Significant terms include:

Firearm: Refers to any handheld or portable weapon capable of expelling a projectile by means of an explosion or other forms of combustion. This includes:
- Pistols and revolvers
- Shotguns
- Rifles
Ammunition: A complete unfired unit, consisting of a bullet, gunpowder, cartridge case, and primer.
LTOFP (License to Own and Possess Firearms): A formal document issued to qualified individuals, permitting ownership and possession of firearms.
Carrying of Firearms: Having a firearm outside one's residence or place of business with a valid permit.
Permit to Carry Firearms Outside of Residence (PTCFOR): A special permit granted to licensed firearm holders under specific conditions.
Prohibited Firearm: Includes but is not limited to those classified as machine guns, light machine guns, submachine guns, and other high-powered firearms.

Section 28. Unlawful Acquisition, Possession, or Ownership of Firearms or Ammunition

It is unlawful for any person to:

Acquire, possess, or own any firearm, ammunition, or part thereof without proper authority.
Penalties include imprisonment ranging from prision mayor to reclusion perpetua, depending on the type of firearm or ammunition involved and aggravating circumstances.

Note: Enhanced penalties are imposed when violations involve prohibited or high-powered firearms.

Section 29. Unlawful Manufacture, Importation, Sale, or Transfer

This section criminalizes the manufacture, importation, sale, or transfer of firearms, ammunition, or parts without a valid license or permit. Key provisions include:

Unlicensed Manufacture or Importation: Leads to reclusion temporal or higher penalties if high-powered firearms are involved.
Illegal Sale or Transfer: Both the seller and buyer are liable for violations unless all requirements are met.

Section 30. Responsibility of Juridical Entities

Corporations, businesses, or juridical entities engaged in firearm-related activities must comply strictly with licensing and regulation.
Violations committed under the supervision of corporate officers lead to direct liability for such officers, alongside the entity's penalties.

Section 31. Prohibition Against the Use of Loose Firearms

Loose firearms refer to those not registered with the Philippine National Police (PNP) or acquired through illegal means. Key stipulations include:

Possession, use, or sale of loose firearms is punishable by imprisonment and fines.
Enhanced penalties apply if loose firearms are used in the commission of crimes.

Section 32. Carrying Firearms Outside of Residence or Business

Carrying firearms outside one's residence or place of business is prohibited unless authorized through a Permit to Carry Firearms Outside of Residence (PTCFOR). Conditions include:

Proof of immediate danger to life.
Compliance with stringent regulations by the PNP.
Violation results in fines, imprisonment, and revocation of the LTOFP.

Section 33. Confiscation and Forfeiture

Firearms, ammunition, and parts used or acquired unlawfully are subject to immediate confiscation.
Forfeited items are turned over to the PNP for proper disposition or destruction.

Section 34. Submission of Firearms for Ballistic Examination

All newly acquired firearms must be submitted to the PNP for ballistic examination and registration. Failure to comply constitutes a criminal violation and administrative penalties.

Section 35. National Firearms Registry

The PNP is tasked with maintaining a comprehensive and up-to-date National Firearms Registry, which records the following:

Details of firearm owners and corresponding licenses.
Specifications of firearms and ammunition.

Section 36. Reporting and Inspection

Licensed firearm holders and entities must comply with regular reporting and inspection requirements. Non-compliance leads to suspension or revocation of licenses and additional penalties.

Section 37. Authority to Deputize

The Chief of the PNP is authorized to deputize law enforcement agencies or personnel to enforce R.A. No. 10591. Deputized personnel must strictly comply with PNP regulations.

Section 38. Penal Provisions

R.A. No. 10591 outlines specific penalties for violations, emphasizing deterrence. Penalties are graded based on the severity of the offense and whether aggravating circumstances exist.

Prision mayor to reclusion perpetua for offenses involving prohibited firearms.
Fines ranging from thousands to millions of pesos for corporate violations.

Section 39. Implementing Rules and Regulations

The PNP, in coordination with other stakeholders, is responsible for crafting the Implementing Rules and Regulations (IRR) to ensure the effective enforcement of the law. The IRR is periodically updated to address emerging issues.

Sections 40-41. Miscellaneous Provisions

Section 40. Transition Period

Provides a specific period for firearm owners and entities to comply with licensing, registration, and other requirements under R.A. No. 10591.

Section 41. Repealing Clause

Repeals inconsistent laws and regulations, including portions of the Revised Penal Code and prior firearm legislation.

Key Compliance Notes for Firearm Owners

Licensing: Obtain a License to Own and Possess Firearms (LTOFP) before acquiring any firearm.
Registration: Register all firearms with the PNP and renew licenses as required.
PTCFOR: Secure a Permit to Carry Firearms Outside of Residence if necessary.
Strict Adherence: Avoid possession, transfer, or use of loose, prohibited, or unlicensed firearms.

This comprehensive framework under R.A. No. 10591 ensures the responsible use of firearms while addressing public safety concerns.