Flashcards Studio
Practice bar questions and get clear AI feedback on every answer.
Question
Apply the Pro Reo Principle (Rule of Lenity) to determine whether the accused should be convicted on the illegal possession of a firearm without license charge under Republic Act No. 10591, given the following facts: Police recover a gun-shaped device consisting of a polymer frame, a barrel, and a slide, but the firing mechanism and propellant are missing. The exterior resembles a pistol. The Firearms and Ammunition Regulation Board has not yet classified the device. The defense argues that because the firing mechanism and propellant are absent, the device cannot expel a projectile and is therefore not a firearm. The prosecution contends that the statute covers devices that could be assembled into a functioning firearm, so possession of the device falls within the statute’s scope. The language thus raises ambiguity as to whether possession of this device constitutes possession of a firearm. State, with brief justification, whether the accused should be convicted or acquitted on the firearm charge, and briefly state any allowable alternatives if applicable.