An Act Penalizing Wilful and Indiscriminate Discharge of Firearms, Amending for the Purpose Act No. 3815, as Amended, Otherwise Known as the Revised Penal Code

July 30, 2022

REPUBLIC ACT NO. 11926

AN ACT PENALIZING WILFUL AND INDISCRIMINATE DISCHARGE OF FIREARMS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE

SECTION 1. Article 155 of Act No. 3815, as amended, is hereby amended to read as follows:

"ART. 155. Alarms and Scandals. — The penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) shall be imposed upon:

"1. Any person who within any town or public place, shall discharge any rocket, firecracker, or other explosives calculated to cause alarm or danger;

"xxx xxx xxx."

SECTION 2. Article 254 of the same Act is also hereby amended to read as follows:

"ART. 254. Discharge of Firearms. —

"(a) Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide, or any other crime for which a higher penalty is prescribed by any of the articles of this Code.

"(b) Any person who shall wilfully and indiscriminately discharge any firearm or other device that may not have been designed as firearm, but can be functionally used as a firearm, shall suffer the penalty of arresto mayor in its maximum period, unless the facts of the case can be held to constitute any other offense for which a higher penalty is prescribed.

"(c) If the person who commits the offense provided in this Article is a member of the military and military auxiliary agencies, or law enforcement agencies, authorized to bear firearms and such discharge is not in the performance of official duties, the penalty one degree higher than that prescribed above shall be imposed and the offender may be held administratively liable.

"In addition to the penalties imposed herein, any firearm license or permit issued in favor of the offender shall be summarily cancelled, and the offender shall be perpetually disqualified from being granted any firearm license or permit."

SECTION 3. Separability Clause. — If any provision or part of this Act is held invalid or unconstitutional, other provisions not affected thereby shall remain valid and subsisting.

SECTION 4. Repealing Clause. — All laws, orders, proclamations, rules and regulations, or parts thereof, which are inconsistent with any provision of this Act are hereby repealed or modified accordingly.

SECTION 5. Effectivity. — This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in a newspaper of general circulation.

Approved:

Lapsed into law on July 30, 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constitution.

Published in the Official Gazette, Vol. 118, No. 33, p. 9276 on August 15, 2022.