This law amends Sections 1, 3, 5 and 6 of Presidential Decree No. The amendments provide for the offenses that are penalized and the corresponding penalties for the commission of these conducts. These provisions cover, among others, the unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition as well as explosives. Section 6 also mandates the Department of Justice and the Department of the Interior and Local Government to elaborate the rules and regulations implementing this Act.
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A S a responsible and registered gun owner, I recognize the practicability and sensibility of owning a gun. Being in the legal profession exposes me and my family to different, unordinary, and sometimes risky, situations.
The world has gone mad. But while I do recognize the practicality of being armed, I also identify with the concern of allowing people to bear arms, considering that they are being used for the perpetration of crime and also because of the propensity of human reason to falter. The right to bear arms is not a constitutional right in Philippine law. It is only a privilege, a privilege that the governing body needs to further and constantly regulate.
And while an argument can be made that Philippine law recognizes the right to protect oneself, one must, likewise, be mindful of the power and responsibilities that come with being given the privilege. The issue is not bestowing upon our citizens the privilege of bearing arms, the issue is how well we can control that privilege.
In the Philippines ranked fifth in the world in crimes committed with firearms, 7, to be exact. Currently, the Philippine National Police PNP as per the Philippine Star news article on August 3, 1 , reported an alarming nationwide gun-connected crime increase from by about 46 percent during the first six months of the year. A scrutiny of RA will impress on the layman that the powers that be have taken drastic steps to regulate firearm possession and ownership.
Under PD , the unlawful possession of low-power firearms is punishable by prision mayor in its maximum period to reclusion temporal, and a fine of P15,, provided that no other crime is committed. The said penalty would land you in prison for 10 to 20 years. The providing clause of PD suggests that one can only be held liable provided no other crime was committed, otherwise, the perpetrator would only be liable for the said crime committed and not for illegal possession as contained in PD Now, a comparison with RA will show that the penalty for unlawful possession of a small firearm is meted with a penalty ranging from prision mayor in its medium period only.
This penalty is approximately eight to 10 years, without any imposition of a fine. The use of an unlicensed or unregistered firearm in the commission of a crime, however, is considered as an aggravating circumstance, if the crime committed is lower than that provided in RA ; and, as an additional penalty if the crime committed is equal to that imposed by RA The revision of the penalty with respect to the use of unlicensed firearms, particularly in connection with its use in the commission of crimes, has been well thought of, and to my mind, has addressed the impotence of PD I do, however, wish to highlight that the penalties in RA regarding tampering and carrying firearms without a permit outside the residence, needs to be more stringent in light of the recent increase in crime.
The violations for tampering and unauthorized carrying of firearms outside the home only carry with it a penalty of prision correccional, which, depending on the actual period imposed by the judge, may allow the violator to avail of the benefits of probation under PD , considering that convicts may seek probation provided that the penalty imposed does not exceed six years.
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Did you know: Illegal possession of firearms