Final part —‘new gun law’ series

After parts I and 2 of the IRR (Implementing Rules & Regulations) of RA (Republic Act) 10591, the Comprehensive Firearms and Ammunition Regulation Act or quite simply for us the “new gun law”, our readers should have a fairly good grasp of what provisions from the old have been rendered obsolete and irrelevant, and what new provisions in the law have been enacted to make RA 10591 more comprehensive, more pre-emptive than reactionary and more responsive to the current situation in the country. And the penalties are stiffer to boot.

In the past, for instance, the old law required Philippine citizens who would be out of the country for six months or more to go to the police station nearest them and deposit their licensed and registered firearms for safekeeping.  With the new law, safekeeping of your firearms is a necessary part of your responsibility as a gun owner. Those with multiple guns are advised to have their own gun vaults, especially (but not limited to) those with 10 or more firearms in their possession.  If a minor, for instance, in our household gains access to such loose guns at home and figures in any incident involving these firearms, the parent who owns the gun could be liable for a criminal offense.  All it takes is one loose firearm for such accidents, and we have read about countless incidents like this in the newspapers, so even with just one such gun in the household, keep it safe and secure. There are no specifications for these vaults in the new gun law, but keeping them safely under lock and key, under the strictest security, would suffice as compliance for now.

For firearms or even ammunition placed in the custody of the FEO (Firearms & Explosives Office), the PNP may rightfully deem these as abandoned if not claimed within five years, or if the owner fails to advise the FEO of the disposition of such firearm/ammunition.

To recap: “All types of licenses to possess a firearm shall be renewed every two years, the registration of the firearm shall be renewed every four years,” according to the IRR. In the past, when the registration of a firearm expired for months or even years, it was sufficient to just pay the arrears at the FEO and then re-register it. Under the new law, when the registration expires, it becomes illegal per se the day after the deadline. The owner may be charged for illegal possession of firearms for such expired registration, so the safe option would be to surrender such firearms. “Failure to renew the registration of a firearm on or before the date of expiration shall cause the revocation of the license of the firearm, and 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 prescribed period would mean disqualification from applying for any firearm license.  The application for the renewal of the license or registration may be submitted to the FEO of the PNP within six months before the date of the expiration of such license or registration,” the IRR specifically mentions.

One of the most frequently asked questions also refers to firearms of deceased kin. The nearest relative is duty-bound to surrender the firearm(s) to the FEO within six months after the death or even the disability of the licensee or face the penalty for illegal possession of the firearm. The possessor may apply for a license and registration while the firearm is under police custody.

In a recent forum initiated by the A2S5 Coalition after the IRR was released where Gen. Louie Oppus along with Gen. Vargas answered several questions pertinent to the new gun law, the PNP officials clarified that a gun’s barrel, slide and receiver are considered firearms, hence these have to be registered as well.  An extra barrel is likewise considered a firearm, and even a replacement barrel’s serial number has to be registered.

Tampering or altering 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 them without authority is likewise illegal, as these are essential in forensic examinations.

Some of you may own reloading machines — under the new law, only juridical entities are now allowed to own these reloading machines, so beware.

The PNP chief may revoke, cancel or suspend a license or permit to carry if:

1. The firearm/ammunition or any major part of it is involved in a crime or offense and if the owner gets convicted for a crime involving moral turpitude where the penalty is imprisonment of more than six years.

2. The firearm/ammunition or major parts of these are lost through negligence or these are carried outside of residence or workplace without a PTC, or brought to prohibited places.

3. If licensed owner is a government official or employee dismissed for cause from the service.

4. If licensed owner commits acts against the Comprehensive Dangerous Acts of 2002.

5. If applicant for license or permit submits falsified or misrepresented documents.

6. If gun owner does not comply with reportorial requirements.

7. And lastly, by virtue of a court order.

 In case of loss, the owner is duty-bound to report the loss of a registered firearm within 30 days to the FEO, or pay a fine of P10,000. Also, for licensed firearm holders, failure to notify the FEO of your change of address within 30 days of your transfer would also mean a fine of P5,000.

The law may be harsh, but it is the law, or so we are often told. Recognizing that many of our citizens may be in for a shock with the stringent provisions in the new gun law, the Final General Amnesty is your fallback and this is scheduled within six months from the promulgation of the IRR. In the interim, “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.” Watch out for the rules and regulations for the effective implementation of this Act in at least two national newspapers within 120 days from the effectivity of this Act formulated by the chief of the PNP.

This concludes our three-part series on the new gun law. We hope we, in our small way, have contributed our share in promoting responsible gun ownership.

Mabuhay!!! Be proud to be a Filipino.

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