Firing a gun without license

Dear PAO,

I got into a fight with my neighbor. Perhaps in an effort to scare me, he suddenly discharged a gun into the air. Thankfully, I avoided harm. I discovered that he does not possess a license to own a firearm. I planned on suing him, but my friend said that I had no right to do so because I was not injured. Is he correct?

Fidel

Dear Fidel,

Please be informed of Section 28 of Republic Act 10591, otherwise known as the «Comprehensive Firearms and Ammunition Regulation Act,» which punishes unlawful acquisition or possession of firearms. It states that:

«Section 28. Unlawful Acquisition or Possession of Firearms and Ammunition. — The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:

»a) The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm;

«b) The penalty of reclusion temporal to reclusion perpetua shall be imposed if three (3) or more small arms or Class-A light weapons are unlawfully acquired or possessed by any person;

»c) The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a Class-A light weapon;

«d) The penalty of reclusion perpetua shall be imposed upon any person who shall unlawfully acquire or possess a Class-B light weapon;

»e) The penalty of one (1) degree higher than that provided in paragraphs a) to © in this section shall be imposed upon any person who shall unlawfully possess any firearm under any or combination of the following conditions:

'1) Loaded with ammunition or inserted with a loaded magazine;

'2) Fitted or mounted with laser or any gadget used to guide the shooter to hit the target such as thermal weapon sight (TWS) and the like;

'3) Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;

'4) Accompanied with an extra barrel.

'5) Converted to be capable of firing full automatic bursts.'

«f) The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a small arm;

»g) The penalty of prision mayor in its minimum period shall be imposed upon any person who