Republic Act No. 8294
Law Penalizing Illegal Possession of Firearms
Persons Liable: 1. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low-powered firearm, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition; 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 paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of their residence in the course of their employment; 2. Any person who shall carry any licensed firearm outside his residence without legal authority therefor; 3. Any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenades, rifle grenades, and other explosives or other incendiary devices capable of producing destructive effect on contiguous objects or causing injury or death to any person; Any person who shall unlawfully tamper, change, deface or erase the serial number of any firearm and 4. Any person who shall unlawfully repack, alter or modify the composition of any lawfully manufactured explosives. |
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Act
No other crime: Illegal possession only Other Crime except homicide or Murder Murder or Homicide Rebellion or Insurrection, Sedition, or Attempted Coup d' etat |
What is the crime
Illegal possession Crime Committed: Illegal possession is not a separate offense nor is it aggravating. Offender is exonerated of Illegal possession Murder or Homicide with special aggravating circumstance of illegal possession Rebellion or Insurrection, Sedition, or Attempted Coup d' etat, Illegal possession is absorbed as an element thereof |
Unlicensed Firearms May Include
1. Firearms with expired license or 2. Unauthorized used of licensed firearm in the commission of the crime People vs. Ladjaalam - (2000) The language of RA 8294 effectively exonerates the accused of illegal possession, an offense which may carry a heavier penalty than the other crime committed.Indeed, the accused may evade conviction for illegal possession by committing a lighter offense like alarm and scandal.However, the wisdom of RA 8294 is not subject to the court's review. R.A. 9160: Next Page |