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Sunday, June 02, 2013

NEW FIREARMS LAW (REPUBLIC ACT 10591)

Republic Act No. 10591, an “Act Providing for a Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations thereof” was signed into law on May 29, 2013. 

Among the salient features of the new firearms law is its repeal of the sweeping “no other crime” clause under the Sec.1 of P.D. 1866 as amended by R.A. 8294. A person is not liable for violation of the old firearms law, (say, illegal possession of firearm) if he also committed another crime (like violation of COMELEC gun ban or even a lighter offense of Alarms and Scandals under the Revised Penal Code). Prior conviction in the “other crime” committed will obliterate one’s otherwise separate liability under the firearms law. In the old law, what is punished is the “other crime”  regardless if the use or possession of firearms is inherent or necessary in the commission of that “other crime”.

Under the new law, the rules are different. The penalty for violation of the new firearms law, particularly the use of loose firearms (Loose firearm refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual other than the licensee and those with revoked licenses in accordance with the rules and regulations) is not imposed only when the use of loose firearms is “inherent” in the commission of the “other crime.” In such case, the use or possession of loose firearms is merely considered as an aggravating circumstance. Otherwise, the use or possession of loose firearms and violation of other penal law shall be treated as distinct crimes and will thus be punished separately. The new law expressly provides that “if the crime is committed without using the loose firearm, the violation of this Act [RA No. 10591] shall be considered as a distinct and separate offense.”

The new law further provides 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 for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed IN LIEU OF the penalty for the “other crime” charged. 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. (Please refer to Section 29 of RA 10591)

Other salient provisions of the new are Sections 4, 7, 10, 21, 26

Ignorance of the law excuses no one!


13 comments:

  1. Kailan po implementation/effectivity nito?

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  3. Do we need to go to FED natioNal office to process the license or get a PTCFOR? I am from bicol. Would it be possible to renew in regional camp from FAL to PTCFOR for this law?

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  4. No. Processing of PTCFOR is done only via personal appearance at the PTCFOR Secretariat Office at Camp Crame. No other office will process PTCFOR applications other than the PTCFOR Secretariat Office at Camp Crame.

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  5. Amazing blog and very interesting stuff you got here! I definitely learned a lot from reading through some of your earlier posts as well and decided to drop a comment on this one!

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  6. If you need the best lawyers for cases like this, you can visit
    NDV Law Offices.

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  7. hi, what if the case in which the loose firearm was involved/used was settled by the parties, will still the accused be charged with illegal possession of firearms?

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  8. how about those firearm holder with expired licences, what particular section of RA 8294 was violated?

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  9. what is the penalty for omnibus election gun ban?

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  10. My uncle arrested CIDG lastweek and they have a search warrant the case is all about possesion of fire arms RA 10591 it said my uncle have one armilite and shot gun but they found a 45 calibre. What will be my uncle case is?

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  11. I sold a pistol to an AFP personnel with the condition that he will apply for an LTOP and I will facilitate the transfer all expenses will be paid by me. the firearm is now in his possession. unfortunately, until now he refuses to get an LTOP. question: can I file a complaint or demand to the proper authorities for that matter ? thanks

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  12. What is the difference between RA .8394 and RA. 10592

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