(e) The penalty of one (1) degree higher than that provided in paragraphs (a) to (c) in this

section shall be imposed upon any person who shall unlawfully possess any firearm under
any or combination of the following conditions:

(1) Loaded with ammunition or inserted with a loaded magazine;

(2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the
target such as thermal weapon sight (TWS) and the like;

(3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;

(4) Accompanied with an extra barrel; and

(5) Converted to be capable of firing full automatic bursts.

(f) The penalty of prision mayor in its minimum period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a small arm;

(g) The penalty of prision mayor in its minimum period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a small arm or Class-A light weapon.
If the violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a small arm, the former violation shall be absorbed by the latter;

(h) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess a major part of a Class-A light weapon;

(i) The penalty of prision mayor in its medium period shall be imposed upon any person who
shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of
this paragraph is committed by the same person charged with the unlawful acquisition or
possession of a Class-A light weapon, the former violation shall be absorbed by the latter;

(j) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess a major part of a Class-B light weapon; and

(k) The penalty of prision mayor in its maximum period shall be imposed upon any person
who shall unlawfully acquire or possess ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the same person charged with the unlawful
acquisition or possession of a Class-B light weapon, the former violation shall be absorbed
by the latter.

Section 29. Use of Loose Firearm in the Commission of a Crime. – The use of a loose firearm, when
inherent in the commission of a crime punishable under the Revised Penal Code or other special
laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed
with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than
that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of the penalty for the crime
charged: Provided, further, That if the crime committed with the use of a loose firearm is penalized
by the law with a maximum penalty which is equal to that imposed under the preceding section for
illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in
addition to the penalty for the crime punishable under the Revised Penal Code or other special laws
of which he/she is found guilty.
If the violation of this Act is in furtherance of, or incident to, or in connection with the crime of
rebellion of 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.

If the crime is committed by the person without using the loose firearm, the violation of this Act shall
be considered as a distinct and separate offense.

Section 30. Liability of Juridical Person. – The penalty of prision mayor in its minimum to prision
mayor in its medium period shall be imposed upon the owner, president, manager, director or other
responsible officer of/any public or private firm, company, corporation or entity who shall willfully or
knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used
by any person or persons found guilty of violating the provisions of the preceding section, or willfully
or knowingly allow any of them to use unregistered firearm or firearms without any legal authority to
be carried outside of their residence in the course of their employment.

Section 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision

correccional and a fine of Ten thousand pesos (P10,000.00) shall be imposed upon any person who
is licensed to own a firearm but who shall carry the registered firearm outside his/her residence
without any legal authority therefor.

Section 32. Unlawful Manufacture, Importation, 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, sale or disposition of a firearm or ammunition, or a major part of a firearm or
ammunition, or machinery, tool or instrument used or intended to be used by the same person in the
manufacture of a firearm, ammunition, or a major part thereof.

The possession of any machinery, tool or instrument used directly in the manufacture of firearms,
ammunition, or major parts thereof by any person whose business, employment or activity does not
lawfully deal with the possession of such article, shall be prima facie evidence that such article is
intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.

The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be
imposed upon any laborer, worker or employee of a licensed firearms dealer who shall unlawfully
take, sell or otherwise dispose of parts of firearms or ammunition which the company manufactures
and sells, and other materials used by the company in the manufacture or sale of firearms or
ammunition. The buyer or possessor of such stolen part or material, who is aware that such part or
material was stolen, shall suffer the same penalty as the laborer, worker or employee.

If the violation or offense is committed by a corporation, partnership, association or other juridical

entity, the penalty provided for in this section shall be imposed upon the directors, officers,
employees or other officials or persons therein who knowingly and willingly participated in the
unlawful act.

Section 33. Arms Smuggling. – The penalty of reclusion perpetua shall be imposed upon any
person who shall engage or participate in arms smuggling as defined in this Act.

Section 34. Tampering, Obliteration or Alteration of Firearms Identification. – The penalty of prision

correccional to prision mayor in its minimum period shall be imposed upon any person who shall
tamper, obliterate or alter without authority the barrel, slide, frame, receiver, cylinder, or bolt
assembly, including the name of the maker, model, or serial number of any firearm, or who shall
replace without authority the barrel, slide, frame, receiver, cylinder, or bolt assembly, including its
individual or peculiar identifying characteristics essential in forensic examination of a firearm or light
weapon.

The PNP shall place this information, including its individual or peculiar identifying characteristics
into the database of integrated firearms identification system of the PNP Crime Laboratory for future
use and identification of a particular firearm.

Section 35. Use of an Imitation Firearm. – An imitation firearm used in the commission of a crime
shall be considered a real firearm as defined in this Act and the person who committed the crime
shall be punished in accordance with this Act: Provided, That injuries caused on the occasion of the
conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall
not be punishable under this Act.

Section 36. In Custodia Legis. – During the pendency of any case filed in violation of this Act, seized
firearm, ammunition, or parts thereof, machinery, tools or instruments shall remain in the custody of
the court. If the court decides that it has no adequate means to safely keep the same, the court shall
issue an order to turn over to the PNP Crime Laboratory such firearm, ammunition, or parts thereof,
machinery, tools or instruments in its custody during the pendency of the case and to produce the
same to the court when so ordered. No bond shall be admitted for the release of the firearm,
ammunition or parts thereof, machinery, tool or instrument. Any violation of this paragraph shall be
punishable by prision mayor in its minimum period to prision mayor in its medium period.

Section 37. Confiscation and Forfeiture. – The imposition of penalty for any violation of this Act shall
carry with it the accessory penalty of confiscation and forfeiture of the firearm, ammunition, or parts
thereof, machinery, tool or instrument in favor of the government which shall be disposed of in
accordance with law.

Section 38. Liability for Planting Evidence. – The penalty of prision mayor in its maximum period
shall be imposed upon any person who shall willfully and maliciously insert; place, and/or attach,
directly or indirectly, through any overt or covert act, any firearm, or ammunition, or parts thereof in
the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of
implicating or incriminating the person, or imputing the commission of any violation of the provisions
of this Act to said individual. If the person found guilty under this paragraph is a public officer or
employee, such person shall suffer the penalty of reclusion perpetua.

Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit. – The Chief
of the PNP or his/her authorized representative may revoke, cancel or suspend a license or permit
on the following grounds:

(a) Commission of a crime or offense involving the firearm, ammunition, of major parts
thereof;

(b) Conviction of a crime involving moral turpitude or any offense where the penalty carries
an imprisonment of more than six (6) years;

(c) Loss of the firearm, ammunition, or any parts thereof through negligence;

(d) Carrying of the firearm, ammunition, or major parts thereof outside of residence or
workplace without, the proper permit to carry the same;
 (e) Carrying of the firearm, ammunition, or major parts thereof in prohibited places;

(f) Dismissal for cause from the service in case of government official and employee;

(g) Commission of any of the acts penalized under Republic Act No. 9165, otherwise known
as the "Comprehensive Dangerous Drugs Act of 2002″;

(h) Submission of falsified documents or misrepresentation in the application to obtain a

license or permit;

(i) Noncompliance of reportorial requirements; and

(j) By virtue of a court order.

Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon. – A fine of Ten thousand
pesos (P10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the
FEO of the PNP that the subject firearm has been lost or stolen within a period of thirty (30) days
from the date of discovery.

Likewise, a fine of Five thousand pesos (P5,000.00) shall be imposed upon any person holding a
valid firearm license who changes residence or office address other than that indicated in the license
card and fails within a period of thirty (30) days from said transfer to notify the FEO of the PNP of
such change of address.

Section 41. Illegal Transfer/Registration of Firearms. – It shall be unlawful to transfer possession of

any firearm to any person who has not yet obtained or secured the necessary license or permit
thereof.

The penalty of prision correccional shall be imposed upon any person who shall violate the provision
of the preceding paragraph. In addition, he/she shall be disqualified to apply for a license to possess
other firearms and all his/her existing firearms licenses whether for purposes of commerce or
possession, shall be revoked. If government-issued firearms, ammunition or major parts of firearms
or light weapons are unlawfully disposed, sold or transferred by any law enforcement agent or public
officer to private individuals, the penalty of reclusion temporal shall be imposed.

Any public officer or employee or any person who shall facilitate the registration of a firearm through
fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty
of prision correccional.

ARTICLE VI
FINAL PROVISIONS

Section 42. Firearms Repository. – The FEO of the PNP shall be the sole repository of all firearms
records to include imported and locally manufactured firearms and ammunition. Within one (1) year
upon approval of this Act, all military and law enforcement agencies, government agencies, LGUs
and government-owned or -controlled corporations shall submit an inventory of all their firearms and
ammunition to the PNP.

Section 43. 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 (6) months from the promulgation of the implementing rules and regulations of
this Act. During the interim period of six (6) months, no person applying for 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.

Section 44. 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.

Section 45. Repealing Clause. – This Act repeals Sections 1, 2, 5 and 7 of Presidential Decree No.
1866, as amended, and Section 6 of Republic Act No. 8294 and all other laws, executive orders,
letters of instruction, issuances, circulars, administrative orders, rules or regulations that are
inconsistent herewith.

Section 46. Separability Clause. – If any provision of this Act or any part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid
and subsisting.

Section 47. Effectivity. – This Act shall take effect after fifteen (15) days from its publication in a
newspaper of nationwide circulation.

Approved,