[ Act No. 1780, October 12, 1907 ]
AN ACT TO REGULATE THE IMPORTATION, ACQUISITION, POSSESSION USE, AND TRANSFER OF FIREARMS, AND TO PROHIBIT THE POSSESSION OF SAME EXCEPT IN COMPLIANCE WITH THE PROVISIONS OF THIS ACT.
By authority of the United States, be it enacted by the Philippine Commission, that:
Section 1. It shall be unlawful for any person, firm, or corporation, for purposes of sale, to import, buy, or otherwise acquire, dispose of, possess, or have the custody of any rifle, musket, carbine, shotgun, revolver, pistol, or air ride, except air rifles of small caliber and limited range used as toys, or any other deadly weapon from which a bullet, ball. shut, shell, or other missile or missiles may be discharged by means of gunpowder or other explosive; and it shall be unlawful for any person, inn, or corporation, for purposes of sale, to import, buy. or otherwise acquire, dispose of, possess, or have the custody of any ammunition or detached parts for such weapons, unless and until such person. Jinn, or corporation shall secure a license, pay the license fee. and execute a bond and otherwise comply with the requirements of this Act and the rules and regulations issued in executive orders by the Governor-General pursuant to the provisions of this Act. The word "firearm" as used herein shall be interpreted to mean any and all of the weapons mentioned in this section, and the barrel of any one of same shall be considered a firearm.
Section 2. Any person, firm, or corporation desiring to deal in fire arms or ammunition shall make application to the Governor-General for a license therefor, staling therein for the information of the Governor-General the facts regarding the amount of business in the purchase and sale of firearms and ammunition intended to be transacted by such applicant, and the classes of arms and ammunition which the applicant intends to purchase and sell under the license applied for and such additional information as may be specially requested by the Governor-General before passing upon the application. The Governor-General may approve or disapprove such application and in the event of approval, shall state therein the amount of the bond to be executed by the applicant before the issuance of the license, and the time during which the license shall be effective, unless sooner revoked by his authority: Provided, however, That the Governor-General may authorize any person, firm, or corporation authorized to deal in firearms and ammunition or any other person possessing a proper license, to store such firearms and ammunition in the custody of the Director of Constabulary, who shall give a receipt bv description for such firearms and ammunition, to be held subject to the call of the owner, from whom similar receipts shall be exacted upon the return of such firearms or ammunition: And provided further, That the Director of Constabulary is hereby authorized to impose and collect a reasonable charge, to be fixed by him subject to the approval of the Secretary of Commerce and Police, for storage and care of such firearms and ammunition.
Section 3. In consideration of the issuance of such license to deal in firearms and ammunition and to secure faithful compliance with the laws and regulations relating thereto, every dealer in firearms, upon receiving such a license, shall execute a bond in the amount fixed by the Governor-General, as provided in the next preceding section, and such bond shall be duly approved by the Director of Constabulary before the issuance of the license.
Section 4. When an application for a license to deal in firearms or ammunition shall be approved by the Governor-General, such application and approval shall be transmitted to the Director of Constabulary with instructions that, upon approval by him of the bond prescribed by law in the amount fixed by the Governor-General, he • issue the license in accordance with the terms of the approval of the Governor-General, and he shall forthwith file in his office the bond executed and approved as herein provided.
Section 5. The license herein provided to be issued may be revoked at any time by order of the Governor-General, in which case such proportion of the license fee paid shall be refunded to the licensee as the time expired under the license shall bear to the whole time for which the license was issued: Provided, however, That in case of a breach of the terms of the license or of the laws and regulations providing for the enjoyment thereof, no part of the license fee shall be returned : And provided further, That in case the license is revoked all arms in the possession of the licensee shall be turned into the Bureau of Constabulary for care and safe-keeping. Upon the expiration of the license, and after satisfactory evidence of faithful compliance with said laws and regulations, the Governor-General shall order that the bond be canceled and returned to the principal named therein.
Section 6. In case any person, firm, or corporation shall, for purposes of sale, desire to import, buy, or otherwise acquire, dispose of, possess, or have the custody of any firearms or ammunition in greater amount than is named or described in his license, he must apply for and secure a new license. The collector of customs shall not claim any shipment of firearms or ammunition until he shall have reported to the Director of Constabulary the amount and class of the shipment and secured through the Director of Constabulary the approval of the Governor-General for such clearance.
Section 7. It shall be unlawful for any dealer in firearms or ammunition to sell or deliver any firearms or ammunition or any part of a firearm to a purchaser or other person until such purchaser or other person shall have obtained the license therefor, as hereinafter provided. Any person violating the provisions of this section, upon convict ion in a court of competent jurisdiction, shall be punished by a line not exceeding two thousand pesos, or by imprisonment not exceeding two years, or by both such fine and imprisonment, in the discretion of the court.
Section 8. Every dealer in firearms or ammunition shall keep complete and accurate records and accounts of importations and sales of firearms and ammunition, with the name, age, residence, occupation, and post-office address of each and every purchaser of any firearm or firearms and ammunition, and the number and date of the license of each purchaser for the possession of each firearm purchased by him and the number of the firearm purchased, together with the amount and character of the ammunition purchased for each firearm; and each dealer in firearms shall, when requested by the Director of Constabulary, permit the examination of such records and accounts of the purchases and sales of firearms and the counting and verification of all arms and ammunition remaining on hand; and any refusal upon the part of any such dealer to comply with the provisions of this section shall be a breach of the condition of the bond executed and delivered by such dealer.
Section 9. Any person desiring to possess one or more firearms for personal protection, or for use in hunting or other lawful purposes only, and ammunition therefor, shall make application for a license to possess such firearm or firearms or ammunition as hereinafter provided: Upon making such application, and before receiving
the license, the applicant shall make a cash deposit in the postal savings bank in the sum of one hundred pesos for each firearm for which the license is to be issued, or in lieu thereof he may give a bond in such form as the Governor-General may proscribe, payable to the Government of the 'Philippine Islands, in the sum of two hundred pesos for each such firearm: Provided, however, That persons who are actually members of gun clubs, duly formed and organized at the time of the passage of this Act, who at such time have a license to possess firearms, shall not be required to make the deposit or give the bond prescribed by this section, and the bond duly executed by such persons in accordance with existing law shall continue to be security for the safe-keeping of such arms.
Section 10. In consideration of the issuance of a personal license to possess firearms or ammunition, and to assure faithful compliance with the laws and regulations relating thereto, every person receiving such a license and milking a cash deposit in the postal savings bank, as provided in the next preceding section, shall indorse the certificate of deposit received hv him so that same shall be payable to the order of the Insular Treasurer, and shall deliver the same to the officers issuing (lie license, hi ease a bond is given, the Director of Constabulary shall be the custodian of such bond.
Section 11. An application for a personal license to possess firearms and ammunition, as herein provided for, made by a resident of the city of Manila, shall he directed to the chief of police of said city, and it shall be the duty of the chief of police to forward the application to the Governor-General with his recommendation.1aшphi1 Any such application made by a resident of a province shall be directed to the governor of the province, who shall make his recommendations thereon and forward the application to the senior inspector of Constabulary of the province, who in turn shall make his recommendations thereon and forward the application, through official channels, to the Governor-General. The Governor-General may approve or disapprove any such application, and, in the event of approval, the papers shall be transmitted to the Director of Constabulary with instructions to issue the license as hereinbefore provided. The Director of Constabulary, upon receiving and approving the bond or receiving the certificate of deposit duly indorsed to the order of the Insular Treasurer, shall issue the license for the time fixed for such license as hereinafter provided, and the Director of Constabulary shall transmit the license direct to the applicant, and shall notify the chief of police of the city of Manila if the applicant resides in Manila, otherwise the senior inspector of Constabulary of the province in which the applicant resides. The Director of Constabulary shall file the certificate of deposit in his office. It shall be the duty of all officers through whom applications for licenses to possess firearms are transmitted to expedite the same.
Section 12. In the event, of noncompliance by the licensee with any one or more of the laws and regulations relating to firearms and ammunition, or with the terms of his license, or in case of the loss of any licensed firearm, whether through accident or otherwise, when proof of such fact is produced to the satisfaction of the Governor-General, the certificate of deposit shall be forwarded to the Insular Treasurer by order of the Governor-General for collection, and, when collected, the amount thereof shall be deposited to the credit of general funds, except as otherwise provided in section twenty-eight hereof: Provided, however, That in the event of the recovery of the firearm by the owner, be shall be entitled to a refund of the amount of the forfeited deposit, and any moneys collected on any bond given by him shall in such case also be refunded, and appropriation is hereby made for such purpose.
Section 13. When a person holding a valid license for the possession of any firearm or firearms and the ammunition therefor shall change his domicile from the city of Manila to a province or from a province to the city of Manila, or from one province to another, he shall, within ten days thereafter, notify the Director of Constabulary of such change by registered mail, or he shall notify the senior inspector of the province in which he takes up his new domicile, or the chief of police of the city of Manila, as the case may be, and the said senior inspector or chief of police, as the case may be, shall transmit such information to the Director of Constabulary. Violation of the provisions of this section may be punished by the revocation of the license, in the discretion of the Governor-General.
Section 14. If shall be the duty of any person holding a license to possess firearms or ammunition to exhibit such license whenever upon when called upon to do so by a provincial governor, by a provincial officer acting under written orders of the provincial governor, by an officer of the Constabulary, by a member of the Constabulary acting under die written order of a Constabulary officer, by the chief of police of the city of Manila, or by a peace officer acting under a written order of the chief of police. Violation of the provisions of this section may be punished by the revocation of the license, in the discretion of the Governor-General.
Section 15. The Director of Constabulary, once each year, shall issue directions to the senior inspectors of Constabulary of the various provinces to verify all arms in the possession of persons holding licenses and to make due report of such verification to the Director of Constabulary of any violation of the terms of the license or of the laws, rules, or regulations relating to the possession of firearms or ammunition, and he shall indorse on each license that he has made such verification, with the date thereof. The chief of police in the city of Manila shall make a similar verification and report to the Director of Constabulary, noting on each license the date of the verification made by him.
Section 16. The foregoing provisions of this Act shall not apply to firearms and ammunition therefor regularly and lawfully issued to officers, soldiers, sailors, or marines of the United States Army and Navy, the Constabulary, guards in the employ of the Bureau of Prisons, the police force of the city of Manila, provincial governors, provincial treasurers, and guards of provincial prisoners and jails, when such firearms are in possession of such officials and public servants for use in the performance of their official duties.
Section 17. The chief of any Bureau of the Insular Government may apply to the Governor-General for a special permit for any subordinate official or employee of the Bureau to possess firearms and ammunition for personal protection in the performance of his duties as such official or employee, and the Governor-General may issue, or cause to be issued, such special permission under such terms and conditions as be may deem proper.
Section 18. All officers and employees of the Government of the Registration Philippine Islands and of the provincial governments who now personally own or possess firearms, and who are not required by law to obtain licenses therefor, shall register same with the senior inspector of Constabulary of the province in which they reside, or with the Director of Constabulary in the city of Manila.
Section 19. A license to possess a firearm and ammunition shall not the issued to any person under twenty-one years of age, except upon authority obtained from the court of competent jurisdiction by the duly appointed guardian of such minor.
Section 20. In the event of the death or legal disability of the holder of a firearm license, such license shall become null and void, and it shall be the duly of the nearest relative, legal representative, or other person who shall knowingly come into possession of such delivery of arms, firearm or ammunition, forthwith to deliver the same to the senior inspector of Constabulary in the province or to the Director of Constabulary in Manila, and such firearms and ammunition shall be retained by the officer pending the issuance of a license therefor in accordance with law. Any person violating the provisions of this section shall, upon coin id ion in a court of competent jurisdiction, be punished by a fine not exceeding five hundred pesos, or by imprisonment not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.
Section 21. Airy person who has firearms or ammunition in his possession and does not desire to obtain a license to keep and possess the same, shall deposit such firearms and ammunition with the Bureau of Constabulary, and it shall be the duty of the Bureau of Constabulary to safely keep and care for such firearms, issuing to the owner a proper receipt therefor. Upon the departure of any such person from the Philippine Islands the firearms shall, upon his request, be delivered to him immediately before embarkation.
Section 22. All provisional licenses for the possession of firearms are hereby annulled and no other such licenses shall be issued except in accordance with this Act and the regulations prescribed by the Governor-General.
Section 23. All regular licenses heretofore issued for the possession not been revoked or annulled shall be valid until the first clay of July, nineteen hundred and eight, unless sooner revoked by authoritv of the Governor-General: Provided, however, That if the bond executed upon the issuance of such a license be in any manner restrictive as to the period of time during which the sureties shall be liable thereon, then the license may be renewed under the provisions of this Act at the date of expiration shown by the face of the license. All licenses issued under the provisions of this Act shall be valid until revoked by authority of the Governor-General, and when a bond is executed as herein provided to secure the safe-keeping of firearms or ammunition and faithful compliance with the laws and regulations relating to firearms, such bond shall remain in full force and effect until duly canceled.
Section 24. All persons who shall hereafter arrive at any port of the Philippine Islands, having in their possession any firearms or ammunition for which they have no license, shall, upon landing, be required to deposit their firearms and ammunition with the collector of customs, who, if the Governor-General shall approve the importation, shall transmit them to the Bureau of Constabulary at the port of entry for safekeeping until a license shall be obtained for the possession of same, or until the departure from the Islands of such persons: Provided, however, That tourists and other persons temporarily visiting the Philippine Islands may deposit their firearms and ammunition with the collector of customs of the port at which landing is made until the departure of such persons from the Islands; and it shall be the duty of the collector of customs receiving such deposit of firearms or ammunition to give a receipt therefor and to return such firearms and ammunition upon the departure of such persons from the Philippine Islands: And provided further, That, in lieu of deposit with the collector of customs, the Governor-General may authorize the Director of Constabulary to issue special hunting permits to such tourists or other persons temporarily visiting the Philippine Islands, without requiring bond or deposit as a guarantee of the security of such arms and ammunition; such special hunting permit to be valid during the temporary sojourn of the holder in the Islands, to be nontransferable, and revocable at the pleasure of the Governor-General.
Section 25. Any person having possession of any firearms or ammunition of any provision of this Act shall, upon conviction in court of competent jurisdiction, be punished by a flue of not exceeding five hundred pesos, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, in the discretion of the court, and in the discretion of the Governor-General all firearms and ammunition in the possession of any such person may be seized and, upon proper proceedings, may lie declared forfeited to the Insular Government.
Section 26. If shall be unlawful for any person to carry concealed about, his person any bowie knife, dirk, dagger, kris, or other deadly weapon: Provided, That this prohibition shall not apply to firearms in the possession of persons who have secured a license therefor oi1 who are entitled to carry same under the provisions of this Act. Any person violating the provisions of this section shall, upon conviction in a court of competent jurisdiction, be punished by a fine not exceeding five hundred pesos, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, in the discretion of the court.
Section 27. The Governor-General may, in his discretion, authorize sale or transfer, the sale or transfer of firearms and ammunition by the Bureau of Constabulary to provincial and municipal governments upon such terms and conditions and under such regulations as may be prescribed by him: Provided, however, That in case of the sale or transfer of arms and ammunition to municipalities for the use of municipal police, the Governor-General shall exact from every such municipality a suitable bond for the safe-keeping of such firearms and ammunition.
Section 28. In the event of the loss or disappearance of any firearms or ammunition from any cause, except m the case of ammunition lawfully expended, it shall be the duty of the provincial fiscal, or, in the city of Manila, of the prosecuting attorney, forthwith to institute proper action in a court of competent jurisdiction for the recovery of the amount of the bond or bonds, as the ease may be: Provided, however, That the Governor-General, in his discretion, may relieve from liability on bis bond or postal savings-bank deposit any person losing a firearm for which he had a proper license, upon the presentation of proof satisfactory to the Governor-General showing that said firearm was by act of God destroyed or lost beyond reasonable chance of recovery by any person, and through no fault or negligence on the part of the person holding the license. After each municipal election a new bond to insure the safe-keeping of the firearms and ammunition by the municipal authorities shall be executed, and when such new bond shall have been executed and approved all bonds previously executed for the safe-keeping and security of such firearms and ammunition in the hands of municipal authorities shall be deemed to be canceled.
Section 29. The Governor-General may disarm the municipal police municipal of any municipality when in his opinion the conditions and circumstances within his knowledge warrant such action, and the provincial governors shall each have like power and authority to disarm the municipal police in their respective provinces; and when, in the opinion of the governor of any province, there is danger of the firearms in the possession of the municipal authorities being lost or captured, it shall be his duty to require that such firearms be delivered for safe-keeping to the Direr-for of Constabulary, who may act by and through the senior inspector on duty in the province, in compliance with the directions of the Governor-General or upon the request of the provincial governor, as the case may be.
Section 30. The Governor-General is hereby authorized to issue executive orders prescribing the forms and regulations which he may deem necessary for the proper enforcement of the provisions of this Act.
Section 31. Section twenty-four of Act Numbered One hundred and seventy-five, as amended, and all other Acts and parts of Acts inconsistent with the provisions of this Act. are hereby repealed.
Section 32. The public good requiring the speedy enactment of this bill, the passage of the same is hereby expedited in accordance with section two of "An Act prescribing the order of procedure by the Commission in the enactment of laws," passed September twenty-sixth, nineteen hundred.
Section 33. This Act shall take effect on December first, nineteen hundred and seven.
Enacted, October 12, 1907.
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