An Act Fixing the Validity Period of the License to Own and Possess, Registration, and Permit to Carry Firearms Outside of Residence or Place of Business, Amending for the Purpose Sections 7 and 19 of Republic Act No. 10591, Otherwise Known as the "Comprehensive Firearms and Ammunition Regulation Act"

May 6, 2022

REPUBLIC ACT NO. 11766

AN ACT FIXING THE VALIDITY PERIOD OF THE LICENSE TO OWN AND POSSESS, REGISTRATION, AND PERMIT TO CARRY FIREARMS OUTSIDE OF RESIDENCE OR PLACE OF BUSINESS, AMENDING FOR THE PURPOSE SECTIONS 7 AND 19 OF REPUBLIC ACT NO. 10591, OTHERWISE KNOWN AS THE "COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT"

SECTION 1. Section 7 of Republic Act No. 10591 is hereby amended to read as follows:

"SEC. 7. Carrying of Firearms Outside of Residence or Place of Business. — A permit to carry firearms outside of residence shall be issued by the Chief of the PNP or the duly authorized representative to any qualified person whose life is under actual threat or is in imminent danger due to the nature of the person's profession, occupation or business: Provided, That such permit shall be valid for two (2) years from the date of the approval of the application, unless sooner revoked or suspended.

"It shall be the burden of the applicant to prove the actual threat to life by submitting a threat assessment certificate: Provided, That the appropriate PNP unit shall issue the threat assessment certificate within fifteen (15) days.

"For purposes of this Act, the following persons are considered to be in imminent danger due to the nature of their profession, occupation or business, and hence are exempted from the requirement of a threat assessment certificate:

"(a) Members of the Philippine Bar;

"(b) Certified Public Accountants;

"(c) Accredited Media Practitioners;

"(d) Cashiers, Bank Tellers;

"(e) Priests, Ministers, Rabbi, Imams;

"(f) Physicians and Nurses;

"(g) Engineers;

"(h) Businessmen who, by the nature of their business or undertaking, are exposed to high risk of being targets of criminal elements;

"(i) Elected incumbent and former officials; and

"(j) Active and retired military and law enforcement personnel."

SECTION 2. Section 19 of Republic Act No. 10591 is hereby amended to read as follows:

"SEC. 19. Renewal of Licenses and Registration. — All licenses to possess a firearm, regardless of type or classification, shall be renewed every five (5) years or ten (10) years, at the option of the licensee, which shall be reckoned from the birthdate of the said licensee, unless sooner revoked or suspended. Failure to renew the license on or before the date of its expiration shall cause the revocation of the license and of the registration of the firearm or firearms under said licensee.

"The registration of the firearm shall be renewed every five (5) years or ten (10) years, at the option of the licensee, which shall be reckoned from the birthdate of the said licensee, unless sooner revoked or suspended. Failure to renew the registration of the firearm on or before the date of expiration shall cause the revocation of the license of the firearm. 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 periods stated above on two (2) occasions shall cause the perpetual disqualification of the holder of the firearm 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 (6) months before the date of the expiration of such license or registration."

SECTION 3. Implementing Rules and Regulations. — Within ninety (90) days from the effectivity of this Act, the Chief of the PNP shall formulate the rules and regulations for the effective implementation of this Act. The non-issuance of the implementing rules and regulations shall not prevent the implementation of this Act upon its effectivity.

SECTION 4. Separability Clause. — If any part, section or provision of this Act is declared invalid or unconstitutional, the sections or provisions which are not affected shall remain valid and subsisting.

SECTION 5. Repealing Clause. — All laws, decrees, ordinances, rules, regulations, other issuances or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 6. Effectivity. — This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation.

Approved: May 6, 2022.

 

Published in the Official Gazette, Vol. 118, No. 21, p. 5984 on May 23, 2022.