What is

Arms Trafficking?
 Arms Trafficking, also known as gunrunning, is the
illegal trafficking or smuggling of contraband weapons or
ammunition. What constitutes legal trade in firearms varies
widely, depending on local and national laws (Wikipedia).
The 1999 Report of the UN Panel of Governmental
Experts on Small Arms provides a more refined and precise
definition, which has become internationally accepted. This
distinguishes between small arms (revolvers and self-
loading pistols, rifles and carbines, submachine guns,
assault rifles, and light machine guns), which are weapons
designed for personal use, and light weapons (heavy
machine guns, hand-held under-barrel and mounted
grenade launchers, portable anti-aircraft guns, portable
anti-tanks guns, recoilless rifles, portable launchers of
anti-aircraft missile systems, and mortars of calibres less
than 100 mm), which are designed for use by several
persons serving as a unit. Ammunition and explosives also
form an integral part of small arms and light weapons used
in conflict.
 RA No. 10591 defines arms
smuggling as the import, export,
acquisition, sale, delivery, movement or
transfer of firearms, their parts and
components and ammunition, from or
across the territory of one country to
that of another country which has not
been authorized in accordance with
domestic law in either or both
country/countries.
 How trafficking of firearms influenced the activity of criminal organizations?

The illicit trafficking and misuse of firearms is intrinsically linked to these

criminal organizations and networks: as facilitators of violent crimes, as tools
to perpetrate power, and as lucrative trafficking commodities, that fuels
armed conflicts, crime and insecurity. Oftentimes, different forms of
criminality are intertwined, such as human, firearms and drugs trafficking.

No region in the world is exempt from the dramatic consequences of

firearms violence. While the death toll in the context of armed conflicts is well
known, less evident but even more dramatic, is the fact that more lives are lost
worldwide from non-conflict firearm events, than do during ongoing wars. The
problems associated with firearms violence covers the whole spectrum of
human security: ranging from high levels of individual physical insecurity
(domestic violence and street, gang and criminal violence) with serious
economic and social consequences for the society at large, to large scale armed
conflicts in which these arms enable widespread violence and account for the
majority of deaths.
The problems associated with criminality and firearms are of such a complex
nature, that curtailing them requires tailored interventions involving
corresponding criminal justice responses in terms prevention, investigation and
prosecution of crimes.
Source: United Nations Office on Drugs and Crime (UNODC)
Source: Assignment ASIA
 What are the penal provisions under RA No. 10591?
Section 28. Unlawful Acquisition, or Possession of Firearms and Ammunition.
The unlawful acquisition, possession of firearms and ammunition shall be
penalized as follows:
(a) The penalty of prision mayor in its medium period shall be imposed upon
any person who shall unlawfully acquire or possess a small firearm;
(b) The penalty of reclusion temporal to reclusion perpetua shall be imposed
if three (3) or more small arms or Class-A light weapons are unlawfully acquired
or possessed by any person;
(c) The penalty of prision mayor in its maximum period shall be imposed
upon any person who shall unlawfully acquire or possess a Class-A light
weapon;
(d) The penalty of reclusion perpetua shall be imposed upon any person who
shall unlawfully acquire or possess a Class-B light weapon;
(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 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 shooter t
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 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
minimum penalty which is lower that 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 the law is in furtherance of, or incident to, or in
connection with the crime of rebellion or insurrection, or attempted
coup dtat, 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 the law shall be considered as a distinct and
separate offense.
 Section 30. Liability of Juridical Person. The penalty of prision mayor in its
minimum to its 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 (Php10, 000.00) shall
be imposed upon any person who is licensed to own and possess 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 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, 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, employee of a
licensed firearms or ammunition dealer who shall unlawfully take, sell or
otherwise dispose of parts 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.
32.4 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 lawful act.
 Section 33. Arms Smuggling. The penalty of reclusion perpetua shall be
imposed upon any person who shall engage or participate in importation,
exportation, acquisition, sale, delivery, movement or transfer of firearms, their
parts and components and ammunition, from or across the territory of one
country to that of another country which has not been authorized in accordance
with domestic law in either or both country/countries.
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 system of a
particular firearm.
Any individual who caused the tampering, obliteration or alteration of a
firearm without authority from the Chief, PNP through the Chief, FEO shall be
liable in accordance with this Section.
 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 IRR and the person who committed the crime shall
be punished in accordance with this IRR: 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 IRR.
Section 36. In Custodia Legis. During the pendency of any case
filed in violation of the law, seized firearm, ammunition or parts
thereof, machinery, tools, 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 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, 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 or
major parts or pendency of a criminal case involving the firearm, ammunition or
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 the
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
employees;
 (g) Commission of any 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 license or permit;
(i) Noncompliance of reportorial requirements; and
(j) By virtue of court order.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon.
A fine of Ten Thousand Pesos (Php10, 000.00) shall be imposed upon any
licensed firearm holder who fails to report to the FEO that the subject
registered 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 (Php5,000.00) 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
FEO of such change of address.
For the purpose of this Section, reporting or notification to the FEO can
be done through any of the following modes of written communication:
letter, memorandum, e-mail, or facsimile personally signed by the
licensee or authorized officers/representatives of juridical or head of
government agencies/bureaus as the case may be along with Affidavit of
Loss and Certification from the Local Police as contained in the police
blotter.
 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 the 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
imposed.
Any public office 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.
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