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Flashcards covering key aspects of the Comprehensive Firearms and Ammunition Regulation Act.
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The right to self-defense through the use of firearms when it is the reasonable means to repel unlawful aggression.
According to Section 2 of the Declaration of State Policy, what does the State recognize regarding qualified citizens?
No, it is a mere statutory privilege heavily regulated by the State.
According to Acosta v. Ochoa, is the right to bear arms a constitutional right in the Philippines?
Unlawful Acquisition or Possession, Use of Loose Firearm in Commission of a Crime, Absence of Permit to Carry, Unlawful Manufacture, Importation, Sale or Disposition, Arms Smuggling, Tampering of Identification, Use of Imitation Firearm, Planting Evidence, Failure to Notify Lost or Stolen Firearm, Illegal Transfer/Registration
What are some punishable acts related to firearms according to Article V?
The existence of subject firearm; and the accused does not have the corresponding license.
What are the two elements of Illegal Possession of Firearms and Ammunitions?
Loaded with ammunition or inserted with a loaded magazine; Fitted with laser or thermal weapon sight; Fitted with sniper scope, firearm muffler, or silencer; Accompanied with an extra barrel; or Converted to fire full automatic bursts.
Name three qualifying circumstances that increase the severity of unlawfully possessing a firearm
No, possession includes both actual and constructive possession.
Is ownership an essential element of illegal possession of a firearm?
No, it is sufficient that the accused had no authority to possess the firearm.
In the context of Section 28, is intent to possess a firearm material for conviction of illegal possession?
Generally no, the license for firearm ownership includes ammunition appropriate to the registered firearm, not exceeding 50 rounds.
Under Section 12 of R.A. No. 10591, is a separate license needed to possess ammunition?
More than 50 rounds but not more than 500 rounds for each registered firearm.
What is the ammunition limit for licensed sports shooters?
Yes, crime committed without the use of the loose firearm are two separate and distinct offenses.
Can there be simultaneous convictions for Section 28 violations and other crimes?
Parts that enhance efficiency or accuracy but are not major internal parts, such as laser scopes or silencers.
Define accessories in the context of firearms. Give an example.
A bullet, gunpowder, cartridge case, and primer.
List the components that make up ammunition.
The barrel, frame, or receiver.
What parts of a firearm are considered a firearm for the purposes of RA 10591?
Handgun (pistol and revolver), rifle, and shotgun.
What are the three types of small arms?
A pistol has a chamber integral with the bore, while a revolver has a revolving cylinder with chambers for cartridges.
What is the main difference between a pistol and a revolver?
Self-loading pistols, rifles, carbines, submachine guns, assault rifles, light machine guns not exceeding caliber 7.62MM which have fully automatic mode.
Name three examples of Class-A Light Weapons
Unregistered, obliterated, altered, lost, stolen or illegally manufactured firearms.
Define Loose Firearms.
Barrel, slide, frame, receiver, cylinder, or the bolt assembly.
Name three major parts or components of a firearm.
Filipino citizen, at least 21 years old, and has gainful work or filed an income tax return.
List three qualifications to acquire a license to own and possess firearms.
A maximum of 2 registered firearms.
How many registered firearms can a citizen with a Type 1 license own?
Only small arms (handgun, rifle or shotgun).
What kind of firearms may licensed citizens own, possess, or register?
Generally no, as they are considered light weapons reserved for AFP, PNP, and authorized law enforcement agencies. EXCEPTION: those with licenses prior to effectivity of RA 10591 who have compliant licenses, registration, and qualifications
Can civilians own rifles or carbines with fully automatic modes?
Neuro-psychiatric clearance, drug test certification, gun safety seminar certification, National Police Clearance, NSO Birth Certificate, Proof of last Billing and at least two valid ID’s .
List three documents required when applying for a license to own and possess firearms.
Firearms License and Permit to Carry Firearms Outside Residence (PTCFOR), or if there is no PTCFOR apply for Permit to Transport with necessary sport shooter’s license to carry more than 50 rounds
List the two documentary requirements needed to carry a firearm from residence to the shooting range.
The possessor is liable for illegal possession if they fail to deliver the firearm within 6 months.
What happens if a person fails to deliver a registered firearm owned by a deceased person?
Commission of a crime involving the firearm, conviction of a crime involving moral turpitude, loss of the firearm through negligence, Carrying of the firearm outside of residence or workplace without the proper permit, etc.
Give three grounds for revocation, cancellation, or suspension of a firearm license or permit.
When the crime committed has the use of firearms inherent in it.
In what circumstance is the use of an unlicensed firearm considered an aggravating circumstance?
Prision correccional and a fine of Ten thousand pesos (P10,000.00).
What is the penalty for carrying a registered firearm outside of one's residence without legal authority?
A written authority issued to a licensed citizen by the Chief, PNP which entitles such person to carry his/her registered or lawfully issued firearm outside of the residence for the duration and purpose specified in the authority.
What is a Permit to Carry Firearm Outside of Residence (PTCFOR)?
Certified Public Accountants, Accredited Media Practitioners, Cashiers, Bank Tellers, Priests, Ministers, Rabbi, Imams, Physicians and Nurses, Engineers and Businessmen
Besides members of the Philippine Bar, name three professions considered to be in imminent danger and exempt from the threat assessment requirement for PTCFOR.