Republic Act No. 10591, signed into law in 2013, serves as the definitive legal framework governing the ownership, possession, manufacture, and importation of firearms and ammunition in the Philippines. It replaced the decades-old Presidential Decree 1866, shifting the state's approach from a purely restrictive one to a more regulated, license-based system that emphasizes the "right" to own firearms as a statutory privilege granted by the State.
1. The Core Philosophy: Privilege vs. Right
Under Philippine law, the possession of a firearm is not a constitutional right but a statutory privilege. The State recognizes that citizens may need firearms for self-defense and legitimate purposes, but this is strictly balanced against public order and safety.
2. Licensing and Registration (LTPP)
The law introduced a two-tiered requirement for firearm ownership:
- License to Own and Possess Firearms (LTOPF): This is a license granted to a qualified individual. You must first be a "licensed person" before you can even purchase a gun.
- Firearm Registration: Once you have an LTOPF, each specific firearm you own must be individually registered.
Classifications of LTOPF
The type of license determines how many firearms an individual may own:
- Type 1: Up to 2 small arms.
- Type 2: Up to 5 small arms.
- Type 3: Up to 10 small arms.
- Type 4: Up to 15 small arms.
- Type 5: Certified Gun Collector (more than 15 firearms).
3. Qualifications for Ownership
To qualify for an LTOPF, an applicant must be a Filipino citizen, at least 21 years old, and possess "good moral character." Mandatory requirements include:
- Neuro-psychiatric clearance from the PNP Health Service.
- Drug test clearance from an accredited laboratory.
- Gun Safety and Seminar certificate.
- Police/NBI Clearance (no record of crimes involving moral turpitude).
- Proof of Income/Business/Occupation.
4. Carrying Firearms Outside the Residence
Ownership (possession) is distinct from carrying.
- Permit to Carry Firearm Outside of Residence (PTCFOR): This is an additional, strictly regulated permit. It is only granted to individuals who can prove that their lives are under "actual threat" or that their profession (e.g., lawyers, CPAs, journalists, cashiers) inherently exposes them to danger.
- The Rule of Concealment: Even with a PTCFOR, the firearm must be concealed. Open carry is generally prohibited for civilians.
5. Prohibited Firearms
While civilians can own "small arms" (rimfire handguns, centerfire handguns, shotguns, and rifles with a bore diameter not exceeding 7.62mm), certain weapons are strictly reserved for the military and police:
- Light Weapons: Fully automatic rifles, submachine guns, and weapons firing ammunition larger than .50 caliber.
- Exceptions: Only under very specific "Class A" light weapon rules for collectors or high-risk individuals can certain semi-automatic versions be owned, subject to stringent PNP regulations.
6. Penalties and Offenses
RA 10591 significantly increased the penalties for violations to deter illegal possession:
| Violation | Penalty Range |
|---|---|
| Unlawful Possession of Small Arm | Prision Mayor (6 to 12 years) |
| Unlawful Possession of Class A Light Weapon | Prision Mayor in its maximum period |
| Unlawful Possession of Class B Light Weapon | Reclusion Temporal to Reclusion Perpetua |
| Tampering of Serial Numbers | Prision Mayor |
| Illegal Manufacture/Sale | Reclusion Perpetua |
Note on "Loose Firearms": Any firearm that is unregistered, has a lapsed registration, or is possessed by an unlicensed person is considered a "loose firearm." Even a validly purchased gun becomes "loose" if the registration expires.
7. The "Obligation to Report"
If a firearm is lost or stolen, the owner has a legal mandate to report the loss to the PNP Firearms and Explosives Office (FEO) within 30 days. Failure to do so can lead to the revocation of the LTOPF and permanent disqualification from future ownership.
8. Registration of Ammunition
The law also regulates the amount of ammunition a licensed citizen can possess. Generally, a licensee is allowed to keep no more than 50 rounds per registered firearm at any given time, unless they have a specific permit for more (e.g., for sports shooters).
Would you like me to draft a summary of the latest PNP Implementing Rules and Regulations (IRR) regarding the renewal process for these licenses?