PNP MC NO.

2010 008 - RATIONALIZED POLICIES ON THE POSSESSION, BEARING AND CARRYING OF

JUL 08 2010

PNP MEMORANDUM CIRCULAR NO. 2010 008

SUBJECT: RATIONALIZED POLICIES ON THE POSSESSION, BEARING

AND CARRYING OF FIREARMS

1. REFERENCES:

a. Section 24 (f), Republic Act No. 6975, "An Act Establishing the Philippine National Police Under a Reorganized Department of the lnterior and Local Government and for Other Purposes";

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b. PNP Standard Operating Procedures No. 13, "Licensing of Firearms", dated 19 September 1991 as revised by PNP Standard Operating Procedures No. 13, "Licensing of Firearms", dated 8 October 20O8;

c. Presidential Decree No. 1866 and its lmplementing Rules and Regulations, as amended by R.A. 8294, "Codifying the Laws on lllegal/Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunition or Explosives or lnstruments Used in the Manufacture of Firearms, Ammunition or Explosives and lmposing Stiffer Penalties for Certain Violations Therefore and For Relevant Purpose ";

d. Letter Directive, "Guidelines in the lssuance of Permit to Carry Firearms Outside of Residence", signed by PDDG UMBERTO A RODRIGUEZ, Chief, PNP;

e. Memorandum on lssuance of Permit to Carry Firearms Outside of Residence for Firearms Covered by Memorandum Receipts, dated 30 October 1996, signed by PDG RECAREDO A SARMIENTO ll, Chief, PNP;

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f. Chavez versus Romulo, G.R. No. 157036, 9 June 2OO4;

g. Executive Order No.256 (as amended), 'Revising Executive Order No. 58 S. 1987, by Rationalizing the Fees and Charges on Firearms, Ammunition, Spare Parts,

Accessories, Components, Explosives, Explosive lngredients, Pyrotechnic and Devices", dated 21 December 1995, and its lmplementing Rules and Regulations;

h. Section 898, Revised Administrative Code, as amended by Act No. 2711;

i. 1st National Summit on Firearms Control, "Firearms Control Through Legislation and Inter-Agency Cooperation", 18-19 May 2OO9;

j. 2O1O National Firearms Control Program Consultative Summit dated 4 June 2O1O:

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k. Executive Order No. 817 and its lmplementing Rules and Regulations, "Providing for the Government's lntensified campaign Against Loose Firearms";

l. National Firearms Control Program; and

m. Republic Act No. 7160 or the "Local Government Code of 1991" and its lRR.

2. BACKGROUND:

To secure license to possess and permit to carry firearms is a mere privilege granted by this Government to its citizens. "No private person is bound to keep arms. Whether he does or not is entirely optional with himself, but if, for his own convenience or pleasure, he desires to possess arm, he must do so upon such terms as the Government sees fit to impose, for the right to keep and bear arms is not secured to him by law. The Government can impose upon him such terms as it pleases. If he is not satisfied with the terms imposed, he should decline to accept them, but, if for the purpose of securing possession of arms, he does agree to such conditions, he must fulfill them- " Such is the instructive edict given out to us by the Supreme Court in the 2OO4 case of Chavez vs Romulo, G.R. No. 157036, 9 June 2OO4 citing the resonating ruling in the 1908 case of The Government of the Philippine Islands vs. Amechazurra.

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One of the critical challenges confronting peace and order and public safety in our country for many decades past has been the unabated proliferation, as well as the

destabilizing accumulation, of loose firearms in circulation. These loose firearms have

become the most effective tool to sow terror today. These loose firearms were convenient instruments used in committing the most appalling offense in Maguindanao which is, by far, the worst that Philippine society has witnessed. These loose firearms are constantly being used to efficiently inhibit the sovereignty from clearly expressing its unmistakable electoral will. These loose firearms have contributed not only to the escalation of armed confrontation but also to the prolonging of conflicts and in obstructing post conflict reconstruction and development. The use of these loose firearms facilitates the commission of transregional

organized crimes. "

In May 2009, the Philippine National Police spearheaded the 1 st National Summit on Firearms Control out of which a Joint Communique was forged. Thereafter, Her Excellency President Gloria Macapagal Arroyo issued Executive Order No. 817, dated July 2OOg, "Providing for the Government's Intensified Campaign Against Loose Firearms". lts implementing rules and regulations paved the way for the conceptualization of a comprehensive National Firearms Control Program. In June 2O1O, a follow-up conference was held with the conduct of the 2010 National Firearms Control Program Consultative Summit.

One of the significant outputs of these two conventions was the recommendation for more rationalized policies that will enhance firearms regulation in the country.

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3. OBJECTIVE:

This PNP Memorandum Circular provides for rationalized policies on the possession of firearms, bearing and carrying of firearms outside of residence.

4. GENERALL POLICIES:

a. All firearms licenses shall be recognized as valid and effective until expiration

date unless sooner revoked or cancelled; and

b. Likewise, all Permits to Carry Firearm Outside Residence, issued prior to 10

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January 2O10 and suspended until 9 June 2010, shall be recognized as valid and effective until expiration date unless earlier revoked, terminated, or suspended accordingly.

5. POSSESSION OF FIREARMS:

a. Filipino citizens who want to possess firearms must file the necessary applications for licences of any type and/or caliber, provided that such firearms are not classified as crew-served weapons (CSWs), light anti-tank weapons (LAWs), light machine guns (LMGs), anti-tank and anti personnel recoilless rifles, bazookas, and the like.

b. The requirement for submission of a validated neuro-psychiatric evaluation report, drug test result, and certificate of attendance to a gun safety seminar provided for in PNP SOP No 13, as revised id hereby reaffirmed.

1) The neuro-psychiatric test must have been conducted by the PNP Health Service NP Personnel and PNP Accredited NP Testing Centers and Evaluators such as Psychiatrists, Psychologists and NP Screeners; the drug test must have been administered by the PNP Crime Laboratory (CL); and the gun safety seminar must have been handled by the PNP or a registered gun club duly accredited by the PNP for such purpose.

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2) However, as a counter measure, and in order to be assured of the

completeness, authenticity and validity of the documentary requirements submitted, the

result and the certifications shall be validated by PNP Health Service (HS) and Firearms

Explosive Office (FEO), respectively.

3) For this purpose, the HS, CL, and FEO shall issue necessary guidelines establishing an effective and efficient system of validation.

c. AII licensed firearms shall be test-fired for ballistics and their make, caliber and serial number stencilled by CL every four (4) years. For this purpose, an application for renewal of firearm license or PTCFOR shall include as one of the requirements, a

certification from CL that the firearm was test-fired for ballistics and stencilled within the last four (4) years.

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d. ln addition, ownership of a gun safety deposit box, or similar storage, is

encouraged.

6. BEARING AND CARRYING OF FIREARMS OUTSIDE OF RESIDENCE:

a. As a general rule, all persons who are lawful holders of firearms are prohibited from carrying their firearms outside of residence.

b. Should a person so desire, he may apply for one (1) PTCFOR each for such

number of licensed privately-owned firearms he has, except long firearms.

c. However, a person shall be allowed to carry firearm outside his residence or his official station under the following conditions:

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1) A person may carry his licensed privately-owned firearm outside his residence provided he is a holder of a permit to carry such particular firearm outside residence (PTCFOR). Only one (1) short firearm covered with PTCFOR can be carried, at any one time, by a person outside his residence;

2) Members of the PNP, AFP and other Law Enforcement Agencies (LEAs) may carry their licensed privately-owned firearms, in furtherance of their official duties and functions, subject to the following conditions:

a) When in agency-prescribed uniform;

b) With corresponding MO/LO issued by duly constituted authorities;

c) With corresponding computerized firearms license card; and

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d) While in the actual performance of official duties and function.

3) Members of the PNP, AFP and other law enforcement agencies who wish to carry their licensed privately-owned firearm outside residence, while in civilian attire and not in furtherance of their official function and duties, should apply for a regular PTCFOR covering such firearm.

4) Members of the PNP, AFP and other law enforcement agencies shall carry their government-issued firearms under the following conditions:

a) When in agency-prescribed uniform;

b) With corresponding MR/ARE; and

c) While in the actual performance of official duties and function.

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5) Members of the PNP, AFP and other law enforcement agencies must apply for a special permit, which shall be classified as PTCFOR-LEA, in order to be authorized to carry the corresponding government-issued firearm outside of residence or of official station wearing civilian attire:

a) The Police Regional Director or his equivalent in the AFP and other law enforcement agencies, shall endorse to the C, PNP all applications for PTCFOR-LEA;

b) The application must be accompanied by the latest appointment

order of the personnel applying for PTCFOR-LEA and a certificate of non pending case duly issued for the purpose;

c) The PTCFOR-LEA shall be issued only by the Chief, PNP and shall be valid only for one (1) year;

d) The fees to be charged in the filing of applications for PTCFOR-LEA shall only be in such minimal amount, corresponding to the actual administrative cost necessary for the issuance of

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the permit, as may be determined by the PTCFOR Secretariat;

e) The PTCFOR-LEA should always be accompanied by the corresponding MR/ARE; and

f) However, when carrying a government-issued firearm outside of residence or of official station wearing civilian attire is in furtherance of official functions and duties, the corresponding MO/LO issued by duly constituted authorities, stating therein the definite purpose or objective and the specific period and place, must be presented.

6) The entitlement of provincial governors, city mayors, municipal mayors and punong barangays (Barangay Chairmen) to possess and carry firearms within their territorial jurisdictions, as guaranteed by the Local Government Code of 1991, shall be respected.

d. Firearms covered by applications for PTCFOR shall be accompanied by

certification issued by CL that the firearm has been subjected to ballistic test within the

validity of the license.

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e. Firearms covered by applications for PTCFOR-LEA shall be subjected to ballistic tests or accompanied by certification issued by CL that the firearm has been subjected to ballistic test.

f. When applying for PTCFOR, the following persons need not submit documents showing that they are in actual threat or facing imminent danger in their life:

1) President and Vice President of the Republic of the Philippines;

2) Justices of the Supreme Court and the Court of Appeals;

3) Judges of lower courts;

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4) Cabinet Secretaries;

5) Senators and Representatives of the House of Congress; and

6) PNP/AFP, NBl, PCG, PDEA and members of other LEAs.

g. The following guidelines regarding the manner of carrying firearms shall be observed:

1) For Members of the PNP, AFP and other LEAs:

a) When carried while in agency-prescribed uniform, firearms shall be placed in a holster securely attached to the belt, except that military pilots in flying uniforms and crew of armored vehicles may carry their firearms in shoulder holsters;

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b) When the agency-prescribed uniform does not include holster, or for those authorized to carry firearms outside of residence or of official station while in civilian attire, the firearm shall be concealed unless actually used for a legitimate purpose. Displaying a firearm, when not used for a legitimate purpose, is prohibited;

c) The practice of flagrantly displaying a firearm, or tucking it at the waist, or inserting it in the waistband while in uniform or in civilian attire is prohibited; and

d) Only such firearms specifically described in corresponding MR/ARE, or MO/LO, or PTCFOR LEA shall be carried.

2) For All Other Persons:

(including members of the PNP, AFP and other LEAs in civilian attire)

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a) The firearm must be concealed in a hand luggage such as clutch bag, belt bag, gun case or any similar kits;

b) Displaying a firearm or tucking it at the waist or inserting the same in the waistband or holster is prohibited; and

c) The firearm must be secured inside a vehicle or a motor cycle

compartment.

h. The following other restrictions shall likewise be observed:

1) PTCFOR is non-transferrable.

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2) The firearm shall not be brought inside places of worship, public drinking and amusement places and all other commercial or public establishments.

3) The PTCFOR must be carried together with the valid firearm license, MR/ARE, or MO/LO as the case may be.

4) Expired, revoked, cancelled, or nullified firearms licenses will automatically invalidate the corresponding PTCFOR.

7. DUTY OF HOLDER TO PRESENT AUTHORITY

It shall be the duty of any person who openly (in plain view or in clear violation of the conditions under sub para g and h of Para 6 above) bears or carries any firearm outside residence in civilian attire, to show the license and the corresponding PTCFOR before a law enforcer who requests presentation of such documents.

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8. PROMOTION OF GUN-FREE ZONES

a. The PNP, through its Police Regional Offices, Police Provincial Offices, City Police Offices and Stations, District Police Offices and Municipal Police Stations, shall strongly advocate the establishment of gun-free zones.

1) For this purpose, Regional Directors, Provincial Directors, District Directors, and Chiefs of Police shall continuously work with their local government units to identify such critical areas within their respective localities, which may include school zones, places of worship, commercial and business districts and tourist spots, and proactively encourage the declaration of gun-free zones;

2) RDs, PDs, and COPs shall, through. their respective Peace and Order

Councils, exert optimal effort towards enactment of pertinent local ordinances that will

declare identified areas as gun-free zones;

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3) The C, PNP shall issue a directive implementing a "strictly no firearms rule" in declared gun-free zones;

4) Only members of the PNP, AFP and other LEAs, performing official duties and functions in agency prescribed uniform, are authorized to bear firearms in these zones subject to conditions provided in this Circular; and

5) Regular PTCFOR will not be recognized and will have no effect within these gun-free zones.

9. ADMINISTRATIVE SANCTIONS

a. Administrative sanctions for failure to observe the conditions set forth in this PNP Memorandum Circular shall be implemented as follows:

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1) Carrying of firearms outside of residence without PTCFOR is absolutely

prohibited. Once apprehended, it shall result in the cancellation of the license;

2) Bringing of firearms covered with PTCFOR to prohibited places shall also

result in the cancellation of the license. In accordance with paragraph 6.g (4) above, a

cancelled firearms license will automatically invalidate the corresponding PTCFOR;

3) For such purpose, the report submitted by the apprehending unit or office shall serve as basis by the Firearms and Explosive Office (FEO) to initiate the cancellation of the license;

4) Once the license is cancelled, the licensee shall surrender the firearm

immediately to the Firearms and Explosive Office (FEO) or the nearest police office;

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5) Habituality or recidivism in the commission of the aforementioned prohibitions may also result in temporary or permanent disqualification to possess or carry firearms subject to existing PNP rules and regulations; and

6) Upon good cause shown, and subject to the discretion of the C, PNP or his

duly authorized representative, the status of the ex-licensee may be restored or the license may be revived or, if already expired, a renewal thereof could be made subject to existing laws, rules, and regulations.

10. IMPLEMENTING GUIDELINES

a. The Civil Security Group, jointly with PTCFOR Secretariat, shall issue such

appropriate guidelines to implement the provisions of this Memorandum Circular.

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b. The Directorate for Police Community Relations, jointly with the PCRG and the

PlO, shall issue necessary guidelines in order to sustain the PNP's advocacy on the

declaration of gun-free zones in the country.

11. AMENDING CLAUSE

All prior issuances not consistent herewith are deemed modified accordingly.

12. EFFEGTIVITY

This Memorandum Circular shall take effect after fifteen (15) days from the filing of a copy hereof at the University of the Philippines Law Center in consonance with Sections 3 and 4, Chapter 2, Book Vll of Executive Order No. 292, otherwise known as "The Revised Administrative Code of 1987". as amended.

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