Revised Implementing Rules and Regulations 2018 of Republic Act No. 10591
Date Filed: 17 April 2018
WHEREAS, Republic Act (RA) No. 10591, otherwise known as “An Act Providing For A Comprehensive law on Firearms and Ammunition and Providing Penalties For Violations Thereof”, was signed into law by the President of the Philippines on May 29, 2013;
WHEREAS, pursuant to Section 44, Article VI of said law, the Chief of the Philippine National Police (C, PNP), after public hearings and consultations with concerned sectors of the society, exercised his mandated rule-making power and issued the Implementing Rules and Regulations (IRR) of RA No. 10591;
WHEREAS, after its issuance, the Firearms and Explosives Office (FEO) and the Supervisory Office for Security and Investigation Agencies (SOSlA) of the PNP Civil Security Group (CSG) determined the need to revise several provisions of the IRR;
WHEREAS, for this purpose, various PNP Technical Working Groups (TWGs) were created and. after series of public hearings and consultations with concerned sectors of society, the TWG recommended to revise several provisions of the IRR;
NOW, THEN, the Chief, PNP, pursuant to his mandated rule making power, hereby promulgates this Revised IRR in order to carry out the provisions of RA No. 10591.
RULE I GENERAL
PROVISIONS
Section 1. Short Title
These Rules shall be known and cited as the Revised IRR of RA No. 10591, otherwise known as “Comprehensive Firearms and Ammunition Regulation Act”.
Section 2. Construction and Interpretation
These Rules shall be construed and interpreted in the light of the State policies declared in Section 2, Article I of RA No 10591, which stipulates that:
“It is the policy of the State to maintain peace and order and to protect the people from violence. The State also recognizes the right of its qualified citizens to self-defense through, when it is the reasonable means to repel unlawful aggression under the circumstances, the use of firearms. Towards this end, the State shall provide for a comprehensive law regulating ownership, possession, carrying, manufacture, dealing in and importation of firearms, ammunition, or parts thereof, in order to provide legal support to law enforcement agencies in their campaign against crime, stop the proliferation of illegal firearms or weapons and the illegal manufacture of firearms or weapons, ammunition and parts thereof.”
Section 3. Definition of Terms
For purposes of this Revised IRR, the following terms, words, and phrases shall mean or, be understood, as follows:
3.1 Accessories – refer to parts of a firearm which may enhance or increase the operational efficiency or accuracy of a firearm but will not constitute any of the major or minor internal parts thereof such as, but not limited to, laser scope, telescopic sight, and sound suppressor or silencer.
3.2 Ammunition – refers to a complete unfired unit consisting of a bullet, gunpowder, cartridge case and primer or loaded shell for use in any firearm.
a. Bullet – refers to the projectile propelled through the barrel of a firearm by means of the expansive force of gases coming from burning gunpowder.
b. Cartridge Case – refers to the container, usually metal and cylindrical in shape, to be loaded with a primer, powder charge and bullet. After loading, it becomes a complete cartridge, of which the case is but one element. It is commonly made of brass, although some modern cartridge cases are made of steel, aluminum, or other materials.
c. Gun Powder – refers to any explosive powder used to propel projectiles intended for firearms.
d. Primer – also called an “igniter”, refers to a cartridge component used for the purpose of setting fire to ignite the gunpowder.
3.3 Antique Firearm – refers to any: (1) firearm which was manufactured at least seventy-five (75) years prior to the current date but not including replicas; (2) firearm which is certified by the National Museum of the Philippines to be curio or relic of museum interest; and (3) any other firearm which derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of its association with some historical figure, period or event.
3.4 Arms Smuggling – refers to the import, export, acquisition, sale, delivery, movement or transfer of firearms, their parts and components and ammunition, from or across the territory of one country to that of another country which has not been authorized in accordance with domestic law in either or both country/countries.
3.5 Assembling of Firearms – refers to the fitting together of legally acquired parts or spare parts of firearms to create a complete firearm.
3.6 Authorized Bonded Firearm Custodian – refers to the employee of the juridical entity who is covered by bond to be accountable for the registered firearms under the name of the juridical entity.
3.7 Authorized Importer – refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO to engage in the business of importing ammunition and firearms, or parts thereof into the territory of the Republic of the Philippines for purposes of sale or distribution under the provisions of this Revised IRR.
3.8 Bolt Action – refers to a type of firearm action in which the weapon’s bolt is operated manually by the opening and closing of the breech.
3.9 Bond – refers to the cash or surety intended as a security and commitment of licensed citizens, dealers, and manufacturers to comply with all the existing laws, rules and regulations.
a. Dealer’s Bond – refers to the bond duly issued by an insurer or insurance company with a valid certificate of authority from the Insurance Commission to a licensed dealer in such amount as may be determined by the C, PNP.
b. Firearm’s Licensee Bond – refers to the bond duly issued by an insurer or insurance company with a valid certificate of authority from the Insurance Commission to a licensed citizen for Types 3 to 5 licenses.
c. Manufacturer’s Bond – refers to the bond duly issued by an Insurer or insurance company with a valid certificate of authority from the Insurance Commission to a licensed manufacturer in such amount as may be determined by the Secretary of the Interior and Local Government (SILG).
3.10 Caliber – refers to the diameter of the gun’s bore and is expressed in hundredths or thousandths of an inch, as in .22 or .357, or in millimetres, as in 9 mm, such that the metric equivalent of ‘.38’ cartridge is a ‘9 mm’ projectile.
3.11 Certified Gun Collector – refers to a licensed citizen who collects registered firearms pursuant to Section 9 and Section 10 of the law and this Revised IRR.
3.12 Company Security Force – refers to a security unit maintained and operated by any private company/corporation utilizing its authorized employees to watch, secure or guard its business establishment premises, compound or properties.
3.13 Concealed Carry – refers to the practice of carrying firearms in public in a concealed or hidden manner such that, for handguns, it must be encased in a hand luggage such as clutch bag, belt bag, gun case or the like, and for rifles and shotguns categorized as small arms, it must be cased and secured inside a vehicle.
3.14 Confiscated Firearm – refers to a firearm taken into custody by the PNP, National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA) and all other Law Enforcement Agencies (LEAs) by reason of their mandate and must be necessarily reported or to the FEO.
3.15 CSG – refers to the Civil Security Group of the Philippine National Police.
3.16 Demilitarized firearm – refers to a firearm deliberately made incapable of performing its main purpose of firing a projectile.
3.17 Duty Detail Order (DDO) – refers to a document issued to a person by the juridical entity or employer wherein the details of the disposition of firearm is spelled out, thus indicating the name of the employee, the firearm information, the specific duration and location of posting or assignment and the authorized bonded firearm custodian for the juridical entity to whom such firearm is after the lapse of the order.
3.18 End-user’s Certificate (EUC) – refers to a document which contains confirmation of the following: (a) that the end-user has undertaken to import the goods with specific value and amount; (b) the purpose of the use of the goods; and (c) that the end-user shall not re-export or re-assign the goods without prior authorization. The certificate likewise refers to a document that verifies the end-use and end-user of military and dual-use items as defined by RA No. 10697;
3.19 Export Permit – refers to a document issued by the C, PNP authorizing the exportation of firearms, or their parts, ammunition, and other components.
3.20 FEO – refers to the Firearms and Explosives Office of the Philippine National Police.
3.21 Firearm – refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement. For purposes of the law, the barrel, frame or receiver is considered a firearm.
3.22 FEO Classification Board (FCB) – refers to the FEO classification body with a regulatory role to classify firearms, ammunition, explosives, explosives ingredients and other regulated items prior to sale, distribution and/or exhibition to ensure that such items conform to existing laws and regulations.
3.23 FEO license Revocation and Restoration Board (FLRRB) – refers to the FEO board with a regulatory function to study, review, validate, and recommend, after due process, the correction, deletion, revocation, cancellation, suspension or restoration of all issued licenses, registrations, and permits relative to firearms, ammunition, and explosives through a Resolution to be approved by the C, PNP or the SILG, as the case may be.
3.24 Firearms Information Management System (FIMS) – refers to a computerized system that establishes a database of the licensee and the registered firearms information and generates reports which include the printing of license and certificate of registration and disposition.
3.25 Firearm Registration Card/Firearm Certificate of Registration – refers to the document issued by the FEO as proof that the firearm is duly registered to a licensed citizen or licensed juridical entity and recorded in the FIMS.
3.26. Forfeited Firearm – refers to a firearm that is subject to forfeiture by reason of court order as accessory penalty or for the disposition by the FEO of the PNP of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules and regulations.
3.27 Forging or Casting – refers to the shaping of raw materials used in the manufacture of firearm parts or ammunition components using localized compressive forces or pouring molten metal or other material into a mold.
3.28 Full Automatic or Fully Automatic – refers to the firing mode and action of a firearm in which the discharge of the entire magazine load with a single pull of its trigger is continuous until the triggering device is disengaged.
3.29 Government Guard Unit – a security unit whose members have permanent plantilla positions in the government, maintained and operated by any government entity other than military or police, which is established and maintained for the purpose of securing the office or compound and/or extension of such government entity.
3.30 Gun Club – refers to an organization with at least fifteen (15) licensed citizens as members, duly registered with and authorized by the FEO which is established for the purpose of propagating gun safety and responsible gun ownership, proper appreciation and use of firearms by its members, for the purpose of sports and shooting competition, self-defense and collection purposes.
3.31 Gunsmith – refers to any person, legal entity, corporation, partnership or business duly licensed by the FEO to engage in the business of repairing firearms and other weapons, or constructing or assembling firearms and weapons from finished or manufactured parts thereof on a per order basis and not in commercial quantities, or of making minor parts for the purpose of repairing or assembling said firearms or weapons.
3.32 Imminent Danger – refers to the recognized presence of threatened harm and/or impending injury to certain licensed citizens, as provided in this Revised IRR or in subsequent rules and regulations, due to the nature of their profession, occupation or business or for being exposed to high risk of being targets of criminal elements as would reasonably justify the grant of permits for carrying firearms outside of residence or place of business.
3.33 Imitation Firearm – refers to a replica of a firearm, or other device that is substantially similar in coloration and overall appearance to an existing firearm as to lead a reasonable person to believe that such imitation firearm is a real firearm.
3.34 Import Permit – refers to a document issued by the C, PNP to licensed manufacturers or dealers authorizing the importation of firearms, or their parts, ammunition, and other components.
3.35 Law Enforcement Agencies (LEAs) – refer to government agencies or its units thereof mandated to enforce laws.
3.36 Legal Disability – refers to the loss by the licensee of the legal qualification or capacity to own and possess firearms in accordance with this Revised IRR.
3.37 Letter Order (LO) or Mission Order (MO) – refers to a written directive or order issued by authorized representatives of the PNP, AFP, and other Law Enforcement Agencies (LEAs) allowing their respective members, occupying regular plantilla positions and performing actual law enforcement functions, to carry their government-issued firearms in furtherance of official duties and functions within and outside their areas of responsibility[ies] (AOR), in lieu of a Permit to Carry Firearms Outside Residence (PTCFOR).
3.38 License to Deal (LTD) – refers to the license granted by the C, PNP to a qualified dealer to engage in the business of buying and selling ammunition, firearms or parts thereof-at wholesale or retail basis.
3.39 License to Exercise Security Profession (LESP) – refers to the documents issued by the C, PNP or his/her duly authorized representative recognizing a person to be qualified to perform his duties as private security or training personnel.
3.40 License to Manufacture (LTM) – refers to the license granted by the SILG to a qualified manufacturer to engage in the business of manufacturing firearms and ammunition, or parts thereof, for purposes of sale or distribution.
3.41 License to Own and Possess Firearms (LTOPF) – refers to a written authority to own and possess a firearm or firearms and ammunition granted by the C, PNP through the C, FEO to a citizen or a juridical entity in accordance with this Revised IRR.
3.42 Licensed Antique Firearm Collector – refers to any individual or entity duly licensed by the C, FEO on behalf of the C, PNP who legally acquires, owns, possesses, or disposes of antique firearms as defined in this Revised IRR;
3.43 Licensed Citizen – refers to a Filipino citizen who complies with the qualifications set forth in this Revised IRR and is duly issued with License to Own and Possess Firearms (LTOPF) and/or Permit to Carry Firearm Outside of Residence (PTCFOR) in accordance with this Revised IRR.
3.44 Licensed Dealer – refers to any person, legal entity, corporation, partnership or business entity duly licensed by the FEO to engage in the business of buying and selling ammunition, ammunition components, firearms or parts thereof, at wholesale or retail basis.
3.45 Licensed Juridical Entities/Licensed Juridical Persons – refer to security agencies, corporations maintaining their own company security units, and local Government Units (LGUs) maintaining government guard units which are licensed to own and possess firearms in accordance with this Revised IRR.
3.46 Licensed Manufacturer – refers to any person, legal entity, corporation, or partnership duly licensed by the FEO to engage in the business of manufacturing firearms and ammunition, or parts thereof for purposes of sale or distribution.
3.47 Licensed Sports Shooter – refers to a licensed citizen who has acquired sports shooters license, and who actively participates in sports shooting competitions.
3.48 Light Weapons are: Class-A Light weapons which refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles and light machine guns not exceeding caliber 7.62mm which have fully automatic mode; and Class-B Light weapons which refer to weapons designed for use by two (2) or more persons serving as a crew, or rifles and machine guns exceeding caliber 7.62mm such as heavy machine guns, handheld under barrel, and mounted grenade launchers, portable anti-aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft missile systems, and mortars of a caliber of less than 100mm.
3.49 Long Certificate of Registration (LCR) – refers to licenses issued to government agencies or offices, government-owned-or-controlled corporations or local government units for firearms to be used by their officials and employees who are qualified to possess firearms as provided in this Revised IRR excluding security guards.
3.50 Loose Firearm – refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been lost or stolen, illegally manufactured firearms, registered firearms in the possession of an individual other than the licensee and those with revoked licenses in accordance with the rules and regulations.
3.51 Major Parts or Components of a Firearm – refer to the barrel, slide, frame, receiver, cylinder or the bolt assembly. The term also includes any part or kit designed and intended for use in converting a semi-automatic burst to a full automatic firearm.
3.52 Mill-Run Parts – are materials, such as but not limited to, steel and aluminum parts used in the manufacture or assembly of firearms which have undergone machining process, whether in part or in almost semi- finished form.
3.53 Minor Parts of a Firearm – refer to the parts of the firearm other than the major parts which are necessary to effect and complete the action of expelling a projectile by way of combustion, except those classified as accessories.
3.54 Permit to Carry Firearm Outside of Residence (PTCFOR) – refers to a written authority issued to a licensed citizen by the C, PNP which entitles such person to carry his/her registered or lawfully issued firearm outside of the residence for the duration and purpose specified in the authority.
3.55 Permit to Replace – refers to a written authority issued by the FEO to a licensed citizen or licensed juridical entity allowing them to replace slide, cylinder, bolt assembly or other major parts except for the barrel, frame or receiver to be presented to a licensed gunsmith prior to the replacement.
3.56 Permit to Transport (PTT) Firearm – refers to a written authority issued to a licensed citizen or entity by the C, PNP or by a PNP Regional Director (RD) which entitles such person or entity to transport a particular firearm from and to a specific location, within the duration and purpose in the authority.
3.57 Private Individual – refers to licensed citizen and licensed juridical entity as used in Section 10 of this Revised IRR.
3.58 Private Security Personnel – refers to a person licensed to render and/or perform security services and/or detective services as employed by licensed private security/canine agencies which include security guards, aviation guards, bank and armor guards, mall and commercial guards, canine handlers, protection agents, private detectives, security officers, security consultants, and others that may be classified later.
3.59 Proof Marks – refer to stamps applied by the FEO to major parts of firearms for individual sale to show that they have been inspected and authenticated.
3.60 RCSU – refers to the Regional Civil Security Unit of the CSG.
3.61 Residence of the Firearm/s – refers to the location where the firearm/s shall be kept as indicated in the firearm registration card/certificate of registration.
3.62 Residence of the Licensee – refers to the place or places of abode of licensed citizens as indicated in their License to Own and Possess Firearms.
3.63 Serviceable Firearm – refers to a firearm that is properly functioning and is capable of discharging a bullet, shot, slug, missile or any projectile by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement.
3.64 Shooting Range – refers to a facility established for the purpose of firearms training and skills development, firearm testing, as well as for sports competition shooting either for the exclusive use of its members or open to the general public, duly registered with or accredited in good standing by the FEO.
3.65 Short Certificate of Registration (SCR) – refers to a certificate issued by the FEO to a government official or employee who was issued a firearm covered by a long Certificate of Registration.
3.66 Small Arms – refer to firearms intended to be or primarily designed for individual use or that which is generally considered to mean a weapon intended to be fired from the hand or shoulder, which are not capable of fully automatic bursts of discharge and does not exceed a caliber of a Light Weapon, such as:
a. Handgun – a firearm intended to be fired from the hand, which includes:
1) Pistol – a hand-operated firearm having a chamber integral with or permanently aligned with the bore which may be self-loading; and
2) Revolver – a hand-operated firearm with a revolving cylinder containing chambers for individual cartridges.b. Rifle – a shoulder firearm or designed to be fired from the shoulder that can discharge a bullet through a rifled barrel by different actions of loading, which may be classified as lever, bolt, or self-loading and intended for sports shooting only; and
c. Shotgun – a weapon designed, made and intended to fire a number of ball shots or a single projectile through a smooth bore by the action or energy from burning gunpowder.
3.67 SOSIA – refers to the Supervisory Office for Security and Investigation Agencies of the Philippine National Police.
3.68 Sports Shooter – refers to any person who competes in a local or international sports shooting competition using a firearm.
3.69 Sports Shooter’s license – refers to the license granted by the C, PNP to licensed citizens who actively participate in sports shooting competitions.
3.70 Sports Shooting Competition – refers to a recreation, defensive, precision or practical firearm shooting tournament duly authorized by the FEO.
3.71 Tampered, Obliterated or Altered Firearm – refers to any firearm whose serial number or other identification or ballistic characteristics have been intentionally tampered with, obliterated or altered without authority or in order to conceal its source, identity or ownership.
3.72 Thermal Weapon Sight – refers to a battery operated, uncooled thermal imaging device which amplifies available thermal signatures so that the viewed scene becomes clear to the operator which is used to locate and engage targets during daylight and from low light to total darkness and operates in adverse conditions such as light rain, light snow, and dry smoke or in conjunction with other optical and red dot sights.
3.73 Unserviceable Firearm – refers to a firearm incapable of discharging a bullet, shot, slug, missile or any projectile by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement.
RULE II
OWNERSHIP AND POSSESSION OF FIREARMS
Section 4. Standards and Requisites for Issuance of and Obtaining a License to Own and Possess Firearm or Firearms and Ammunition
4.1 In order to qualify and acquire a license to own and possess a firearm or firearms and ammunition, the applicant must:
a. Be a Filipino citizen referred to in Section 1, Article IV of the 1987 Constitution. He/She may submit any of the following proof of Filipino citizenship:
1) Philippine passport; or
2) Philippine Statistics Authority (formerly National Statistics Office) Birth Certificate; or
3) Birth Certificate from the Local Civil Registry; or
4) Certificate of Naturalization; or Identification Certificate issued by the Bureau of Immigration.
5) Those who are considered with “dual citizenship” pursuant to RA No. 9225, otherwise known as “Citizenship Retention and Reacquisition Act of 2003”, may also enjoy the privilege granted requisites set forth therein by submitting any:5a) Certificate of Retention/Reacquisition of Philippine Citizenship or Certificate of Registration; and
5b) Oath of Allegiance.
b. Be at least twenty-one (21) years old at the time of the filing of written application;
c. Have gainful work, occupation, or business or has filed an Income Tax Return (ITR) for the preceding year as proof of income, profession, business or occupation: Provided that, for purposes of complying with this qualification, the applicant may submit any of the following:
1) ITR for the preceding year indicating income or profession or business or occupation or W2 for government employees or Form
2316 for civilians; or
2) Notarized Certificate of Employment, with latest Payslip; or
3) Bank Certificate of Deposit or Statement of Account proving existence of the account for the last six months prior to the filing of written application; or
4) Barangay Certification of Gainful Work or Occupation; or
5) Land Title and/or proof of payment of real property tax; or
6) Certificate of Pension.
d. Submit a National Police Clearance: Provided, that pending the development and full implementation of the National Police Clearance System, the City/Municipal Police Clearance or Regional Intelligence Division (RID) Clearance; or Directorate for Intelligence (DI) Clearance may be submitted: Provided further, that the clearance submitted must certify that the applicant does not have any derogatory record;
e. Submit a National Bureau of Investigation (NBI) Clearance certifying that the applicant does not have any derogatory record;
f. Submit a Neuro-psychiatric (NP) clearance issued and/or validated by the PNP Health Service or a PNP-accredited psychologist or psychiatrist certifying that the applicant passed the psychiatric test administered;
g. Submit a certificate issued by the PNP Crime Laboratory or a DOH- accredited and authorized drug testing laboratory or clinic, in areas where there is no PNP Crime Laboratory, certifying that the applicant has passed the drug test conducted;
h. Submit a certificate that the applicant has passed a Gun Safety and Responsible Gun Ownership Seminar (GSRGOS) which was administered by the PNP or a registered and authorized gun club: Provided, that, active PNP personnel; retired PNP and AFP personnel; and organic members of other Law Enforcement Agencies (LEAs), may submit other prescribed documents as indicated in Annex A* hereof: Provided further, that applicants who are Persons with Disability (PWD), suffering from physical and/or sensory impairment,must submit a medical certificate that expressly certifies him/her as capable of efficiently, effectively, and safely using the particular firearm/s for which the LTOPF is being applied;
i. Submit a proof of latest billing or proof of mail sent by a government or a government-owned-or-controlled office or Residential Lease Agreement/Contract or Barangay Certificate;
j. Submit a photocopy of a valid government-issued ID with picture, and present the original thereof for comparison, for purposes of cross referencing his/her flame; age, and place of residence; and
k. Submit a Firearm Licensee Bond Policy for Type 3 to 5 licenses.
4.2 The acquittal of an applicant whose application was previously denied or was not given due course by reason of a pending criminal case or the permanent dismissal of said criminal case shall qualify such applicant to acquire a license.
4.3 An applicant who intends to possess a firearm owned by security agencies or juridical entities maintaining their own company security forces, must submit his/her original or authenticated copy of valid Duty Detail Order (DDO) as security guard, protection agent or company guard, as the case may be, to the FEO of the PNP which DDO shall be considered as the authority to possess subject firearm. The DDO shall be submitted to the CSG-FEO together with the copy of his/her LESP at least one (1) day prior to the actual posting of security guards, protection agents or company guards.
4.4 Applicants shall be required to pay the license and registration fees as provided under Annex “B”* of this Revised IRR.
Section 5. Ownership of Firearms and Ammunition by a Juridical Entity
5.1 In the case of a juridical entity maintaining its own company security units not classified as security agencies and Local Government Units (LGUs), the application for License to Own and Possess Firearms shall be accomplished under the name of the corporation, which shall be represented by its president or by any of the following officers: vice president, treasurer, or corporate secretary.
5.1.1 The representative of the juridical entity shall submit a copy of the board resolution duly certified by the corporate secretary stating that he/she has been authorized for such purpose. The officer representing the juridical entity must possess the standard requirements and qualifications mentioned in paragraph 4.1 above, and the corporation:
a. Must be Filipino-owned;
b. Current, operational and a continuing concern;
c. Must have completed and submitted all its reportorial requirements to the SEC;
d. Must have paid all its income taxes for the previous year, as duly certified/stamp received by the BIR; and CSG through SOSIA.5.1.2 The applicant shall submit a notarized filled up application form to own and possess firearms accompanied with an undertaking as stated in Section 4.1t paragraph m of this Revised IRR and original or authenticated copy of the following requirements:
a. SEC Registration (with latest GIS duly received by SEC);
b. Valid License to Operate issued by the Director, CSG through SOSIA;
c. Latest Income Tax Return (ITR);
d. Firearm Licensee Bond; and e. Current Business Permit.
5.2 In the case of a security agency, the application for LTOPF shall be accomplished under the name of the agency represented by its owner, for sole proprietorships, or any of its partners, for partnerships, or by its president or by any of the following officers: vice president, treasurer, or corporate secretary, for corporations:
5.2.1 The representative of the security agency shall submit a copy of the Special Power of Attorney, for sole proprietorships or partnerships, or the board resolution duly certified by the corporate secretary stating that he/she has been authorized for such purpose. The officer representing the juridical entity must possess the standard requirements and qualifications mentioned in paragraph 4.1 above.
5.2 2 The applicant shall submit a notarized filled up application form to own and possess firearms accompanied with an undertaking as stated in Section 4.1, paragraph m of this Revised IRR and original or authenticated copy of the following requirements:
a. Special Power of Attorney, in case of sole proprietorships or partnerships, or Board resolution duly certified by the corporate secretary, in case of corporations;
b. SEC Registration (with latest GIS duly received by SEC) / DTI / CDA Registration;
c. Valid License to Operate issued by the Director, CSG through
SOSIA;
d. Latest Income Tax Return (ITR);
e. Firearm Licensee Bond; and f. Current Business Permit.
5.3 In case of a Local Government Unit (LGU) maintaining a government guard unit, the application for Long Certificate of Registration (LCR) shall be accomplished under the name of the LGU, which shall be represented by its duly authorized bonded firearm custodian.
5.3.1 The duly authorized bonded firearm custodian must possess a Civil Service Commission (CSC) approved permanent position, and the standard requirements and qualifications mentioned in paragraph 4.1 above.
5.3.2 The authorized bonded firearm custodian shall submit a notarized filled up application form to own and possess firearms accompanied with an undertaking as stated in Section 4.1, paragraph m of this Revised IRR and original or authenticated copy of the following requirements:
a. Appointment Order as Supply Accountable Officer (SAO);
b. SAO Bond Certificate;
c. Undertaking that the firearms shall only be released to their respective officials or employees with Short Certificates of Registration (SCR) Issued by the C, FEO; and
d. PNP Certificate of Registration of Government Guard Unit issued by the C, PNP through Director, CSG and Chief, SOSIA
5.3.3 Only LGU employees, occupying CSC-approved permanent positions and designated to provide security to LGU properties, facilities or installations, are allowed to possess firearm/s owned by the LGU and registered under its name. These LGU employees shall submit a duly accomplished application form for Short Certificates of Registration (SCR) that must be accompanied by the original or authenticated copy of the following:
a. Valid LTOPF; and
b. Latest CSC attested appointment order with Duty Status.
5.4 Within a non-extendible period of one year upon the effectivity of this Revised IRR, corporations or partnerships registered with SEC without company security forces may apply for License to Operate (LTO) a Company Security Force, pursuant to Republic Act No. 5487 and its IRR, and Section 5.1.1 of this Revised IRR, for continuous ownership and possession of their registered small firearms but not to include light weapons.
5.4.1 Juridical entities which have secured an LTO as company security force shall turn over their registered light weapons to the PNP;
5.4.2 For those juridical entities that have no desire to apply for License to
Operate (LTO) as company security force:a. Registered small arms may be turned over to the PNP or may be transferred to licensed citizens or qualified juridical entities; while
b. Registered light weapons shall be turned over to the PNP.
5.4.3 Sole proprietorships, partnerships not registered with SEC or cooperatives are not authorized to own or possess firearms. Their small firearms may be turned over to the PNP or may be transferred to licensed citizens or licensed juridical entities within the period of one (1) year from the effectivity of this Revised IRR. However, light weapons shall be turned over to the PNP.
5.5 Juridical entities which firearms licenses were previously cancelled, suspended, or revoked by the FEO are not eligible to renew their LTO as company security forces under this provision.
5.5.1 The pendency of any criminal case against these juridical entities or any of its directors and officers shall render these juridical entities ineligible to apply for LTO as company security forces under this provision.
5.5.2 In either case, all registered firearms, both small arms and light weapons, shall be turned over to the PNP.
5.6 Accredited Gun Clubs and accredited Shooting Ranges may continuously possess their registered small arms for purposes of propagating gun safety and responsible gun ownership, sports, shooting competition, and self- defense, subject to annual inspection by the PNP. Provided that upon effectivity of this Revised IRR 2018, only Shooting Ranges will be allowed to purchase and register new firearms under the name of the shooting range.
Section 6. Ownership of Firearms by the National Government
6.1 All firearms in the inventory of departments, bureaus, offices or agencies of the National Government, including GOCCs, state universities and colleges, and other law enforcement agencies not covered by Section 6.2 hereunder shall be registered with the FEO. The registration shall be made in the name of the government agency or instrumentality of the Republic of the Philippines. Such registration shall be exempt from all duties and taxes, license and registration fees, that may otherwise be levied on authorized owners of firearms.
6.1.1 The application for LTOPF shall be accomplished under the name of the NGA, which shall be represented by its duly authorized bonded firearm custodian.
6.1.2 The duly authorized bonded firearm custodian must possess the standard requirements and qualifications mentioned in paragraph 4.1 above, and must submit a notarized filled up application form to own and possess firearms and original or authenticated copy of the following requirements:
a. Appointment Order as SAO;
b. Valid SAO bond certificate;
6.2 For reason of national security, firearms owned by the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), the Philippine Coast Guard (PCG), the National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA) shall only be reported to the FEO.
6.2.1 Within one year from the effectivity of this Revised IRR, all military and other law enforcement agencies, heads of National Government Agencies including GOCCs, state universities and colleges shall submit an Annual Report to the FEO not later than January 31 of the succeeding year, showing the following data: a) make, type, caliber, and serial number of the firearms; b) date of acquisition; c) status of the firearm whether serviceable or non-serviceable; d) the name of the property custodian; and e) quantity for the ammunition.
6.2.2 For new purchased or transferred firearms, the report shall contain the make, type, caliber and serial number of the firearms and must be accompanied by the original or authenticated copy of the following requirements:
a. Firearm Stencil and Test Certificate from the PNP Crime laboratory;
b. Proof of acquisition: Contract/Purchase Order with Notice to Proceed for new procured firearms or Deed of Donation for transfer; and
c. Authority from the President of the Republic of the Philippines to procure light weapons (except PNP and AFP).
Section 7. Carrying of Firearms Outside of Residence or Place of Business
7.1 A permit to carry firearms outside of residence or place of business (PTCFOR) shall be issued to a licensed citizen whose life is under actual threat or imminent danger allowing him/her to carry the firearm outside the residence or place of business. Small arms may be permitted to be carried outside of residence subject to the conditions to be determined by the C, PNP.
7.2 Application of PTCFOR shall be for the approval of the C, PNP. The validity of PTCFOR shall be for one (1) year only.
7.3 The written application made under oath and duly notarized shall be filed together with the threat assessment certificate issued by the intelligence unit of the PNP.
7.4 For purposes of this Revised IRR, the following professionals are considered to be in imminent danger due to the nature of their profession, occupation or business and hence are not required to submit threat assessment certificates:
a. Members of the Philippine Bar;
b. Certified Public Accountants;
c. Accredited media practitioners from recognized media institutions;
d. Cashiers, Bank Tellers;
e. Priests, Ministers, Rabbi, Imams;
f. Physicians, Dentists and nurses; g. Engineers; and
h. Businessmen, who by the nature of their business or undertaking duly recognized or regulated by law, are exposed to high risk of being targets of criminal elements.
Active and retired AFP, PNP and other LEAs, incumbent and former elected officials from Municipal Chief Executive and up are also not required to submit threat assessment certificates.
7.5 PTCFOR may be issued to a licensed sports shooter covering a maximum of three (3) firearms at anyone time inclusive of the allowed quantity of ammunition mentioned in Section 12, provided that he will comply with all the conditions as enumerated hereunder:
a. He should only be authorized to carry three (3) firearms during shooting competition and during practice. For this purpose, licensed sports shooter shall be required to show invitation of the organizing committee and/or endorsement from accredited gun club/association;
b. A special rate shall be imposed for license fees, which shall be lower, compared to the total cost/fee for the three (3) firearms;
c. He shall only be authorized to carry firearms covered by his PTCFOR; and d. He shall be prohibited to utilize third party to carry the firearms covered by his PTCFOR.
7.6 The following guidelines on the carrying of firearms shall be observed:
a. PTCFOR is non-transferable;
b. Display of firearms is prohibited. The firearms must always be concealed carry. For handgun, it must not be physically or bodily tucked or inserted in the waistband. It must be encased on a hand luggage such as clutch bags, belt bags, gun case or the like. For rifles and/or shotguns categorized as small arms, it must be cased and secured inside a motor vehicle;
c. The firearm shall not be brought inside places of worship, public drinking and amusement places, other commercial or public establishment, places of engagements during international events or within the areas of public convergence during local celebrations;
d. Violations of the foregoing guidelines shall be a ground for immediate revocation of PTCFOR;
e. Expired, revoked, cancelled, or suspended License to Own and Possess Firearm and firearm registration will automatically invalidate the corresponding PTCFOR.
7.7 All government employees, retirees from government service, military reservists and senior citizens shall only pay for the card fee for PTCFOR.
7.8 In case of Permit to Transport (PTT), the magazine with or without ammunition shall not be inserted/loaded in the firearms while the same is in transit.
7.9 Private security agencies, private detective agencies, company security forces, government guard units and other duly licensed or accredited private security service providers detailing their security personnel on actual duty shall issue the appropriate duty detail order (DDO) to the concerned security personnel. This will serve as the authority of the personnel to carry his issued firearm within the specific duration and location of posting or assignment.
7.10 Members of the PNP, AFP, and other Law Enforcement Agencies must comply with the guidelines on the carrying of registered privately-owned firearm or government-issued firearm as provided under “Annex C”* of this Revised IRR.
RULE III
REGISTRATION AND LICENSING
Section 8. Authority to Issue License
The C, PNP through the FEO, after the processing of the application, shall approve the issuance of licenses to qualified individuals and to cause the registration of firearms in accordance with this Revised IRR.
Section 9. Licenses Issued to individuals
9.1 Subject to the requirements mentioned in paragraphs 4.1 and 4.4 of this Revised IRR and payment of required fees to be determined by the C, PNP, a qualified individual may be issued the appropriate license under the following categories:
a. Type 1 license – allows a citizen to own and possess a maximum of two (2) registered firearms;
b. Type 2 license – allows a citizen individual to own and possess a maximum of five (5) registered firearms;
c. Type 3 license – allows a citizen to own and possess a maximum of ten (1) registered firearms;
d. Type 4 license – allows a citizen to own and possess a maximum of fifteen (15) registered firearms; and
e. Type 5 license – allows a citizen, who is a certified gun collector, to own and possess more than fifteen (15) firearms.
In addition to the foregoing categories, individuals categorized as antique firearm collectors shall apply for an antique firearm collector’s license and be required to comply with the provision of Section 4.1 and 4.3 of this Revised IRR, the payment of the required fees, and other requirements provided for under Section 27 of the law and the Revised IRR.
In case of Type 5 category, the FEO is mandated to issue guidelines on the issuance of authorization for the acquisition of additional firearms by a citizen.
9.2 For Types 1 to 5 licenses, a vault or container, secured by lock and key or other security measures appropriate under the premises imposed by the FEO, shall be required.
9.3 For Types 3 to 5 licenses, licensed citizens must comply with the inspection requirements of the PNP before the issuance of license. Failure on their part to comply with any of the requirements herein mentioned is a ground for the denial of license. The inspection shall be limited to visual, announced seven days prior, and conducted during office hours (8:00AM to 5:00PM) in the presence of the licensed citizen or his authorized representative and must be limited to the compliance on vault requirement. The Inspection Team shall be covered with a Letter Order issued by the Director, CSG.
9.4 Private individuals who are licensed holders of Class-A light weapon must comply with the provisions of paragraphs 9.2 and 9.3 of this section.
9.5 For upgrading of type of license to Own and Possess Firearms, the following requirements shall be submitted to the FEO:
a. Duly accomplished application form;
b. Certification from the FEO that the Licensee is clear of any Derogatory
Records;
c. Previous license to Own and Possess Firearms d. Updated Registration of Firearms; and
e. Inspection Report (for upgrading Type 3 to Type 5 license).
9.6 All government employees, retirees from the government service and military reservists shall be entitled to 50% discount on fees for License to Own and Possess Firearms and registration of firearms. Senior Citizens, who are not active or retired government employees, shall be entitled to 20% discount on fees for license to Own and Possess Firearms and
Firearm Registration.
Section 10. Firearms That May Be Registered
10.1 Only small arms as defined in this Revised IRR may be registered by licensed citizens or licensed juridical entities for ownership, possession and concealed carry.
10.2 A light weapon shall be lawfully acquired or possessed exclusively by the AFP, the PNP and other law enforcement agencies authorized by the President in the performance of their duties. The PNP shall formulate parameters and guidelines governing the acquisition or possession of light weapons by authorized law enforcement agencies.
10.3 Private individuals who are already licensed holders for Class-A light weapons as herein defined upon the effectivity of this Revised IRR shall not be deprived of the lawful possession thereof, provided that they renew their licenses and firearm registration and they continue to possess the standard requirements mentioned in paragraphs 4.1 and 4.4, in this Revised IRR.
10.4 Failure to renew the registration of a Class-A light weapon or comply with the standards and requirements for renewal purposes shall be a ground for the cancellation of the registration. In case of revocation of license and cancellation of registration, the individual concerned shall surrender the weapons herein mentioned to the nearest police station within thirty (30) days. Otherwise, the concerned individual could be charged for violation of the law.
Section 11. Registration of Firearms
11.1 The licensed citizen, licensed juridical entity including NGA shall register his/her or its lawfully acquired firearm/s with the FEO in accordance with the provisions of this Revised IRR. Only upon compliance with all of the requirements for purposes of registration, including the payment of the prescribed fees, shall be issued a certificate of registration.
11.2 The applicant shall submit the documentary requirements under Annex “D”*.
11.3 Acquisition of extra major parts and replacement of major parts shall only be done with the approval/authority from the Chief, PNP.
11.3.1 A licensed citizen may apply for the acquisition of an extra barrel, frame or receiver provided that he/she will register it as a firearm which is valid for four (4) years. The extra barrel, frame or receiver shall, together with the licensed citizen’s firearm/s, undergo stencil and test procedures.
11.3.2 A firearm with a new major part shall undergo stencil and test procedures. The replaced major part shall be turned over to the FEO for proper disposition.
11.4 For purposes of registration of firearms owned by the juridical entities, the categories for firearm licenses under Section 9 of the law and the Revised IRR shall be adopted as follows:
a. Type 1 license – allows a juridical entity to own and possess a maximum of two (2) registered firearms;
b. Type 2 license – allows a juridical entity to own and possess a maximum of five (5) registered firearms;
c. Type 3 license – allows a juridical entity to own and possess a maximum of ten (10) registered firearms;
d. Type 4 license – allows a juridical entity to own and possess a maximum of fifteen (15) registered firearms; and
e. Type 5 license – allows a juridical entity, to own and possess more than fifteen (15) firearms.
Private Security Agencies (PSAs) shall be automatically categorized as Type 5.
Section 12. License to Possess Firearms Necessarily Includes Possession of Ammunition
12.1 The license granted to a qualified citizen or juridical entity for the ownership and possession of registered firearms necessarily includes the license to possess ammunition appropriate to the registered firearm which shall not exceed fifty (50) rounds per firearm at any given time.
Licenses granted to antique firearm collectors under Section 27 of the law and its Revised IRR are not covered by this provision.
12.2 In order to be allowed to possess more than 50 rounds of ammunition, a licensed citizen shall secure a sports shooter’s license. Only licensed sports shooters shall be allowed to possess ammunition of more than fifty (50) rounds but not more than one thousand (1000) rounds for each of the registered firearms to be used for practice and competition in relation to 7.5 and 7.8 of this Revised IRR.
12.2.1 A licensed citizen shall submit the original or authenticated copies of the following requirements to secure a Sports Shooter’s license:
a. Duly accomplished application form;
b. Endorsement from the President of an accredited Gun Club or
Sports Shooting Association.12.2.2 Application for sports shooter’s license may be done simultaneously with the application for license to Own and Possess Firearms.
12.3 Active and retired members of the PNP, AFP, Coast Guard, NBI and PDEA shall be allowed to possess ammunition of more than fifty (50) rounds but not more than three hundred sixty (360) rounds for each of the registered privately-owned firearm and/or issued firearm.
12.4 Possession of reloading machines:
12.4.1 The following are authorized to apply for license to Possess Ammunition Reloading Machine:
a. Licensed sports shooter;
b. Licensed juridical entities;
c. Accredited Gun Clubs with Shooting Ranges;
d. Accredited Shooting Ranges; and e. LEAs.12.4.2 The approving authority for the new/renewal application of the license to Possess Ammunition Reloading Machines shall be the C, PNP.
12.4.3 Licensed sports shooters, juridical entities, accredited gun clubs with shooting ranges, accredited shooting ranges and LEAs are required to secure a license/permit to acquire primer and gun powder as a pre-condition to the application for License to Possess Ammunition Reloading Machine.
12.4.4 LEAs are exempted from payment of license fees provided that the license is under the name of the government or agency of the Republic of the Philippines.
12.4.5 Consistent with Section 32 of the law, licensed sports shooter, licensed juridical entity, accredited gun clubs with shooting ranges, accredited shooting ranges and LEAs are prohibited to sell reloaded ammunition.
12.4.6 Reloading machines shall be serialized and registered with the FEO. Registration of such is valid for four (4) years and its renewal shall be done six (6) months before its expiration.
12.4.7 Reloading machines may only be transferred to licensed sport’s shooter, licensed juridical entities, and accredited gun clubs with shooting ranges, accredited shooting ranges, LEAs, licensed manufacturer and licensed dealer with Permit to Reload Ammunition.
12.4.8 Licensed juridical entities, accredited gun clubs with shooting ranges, accredited shooting ranges and LEAs which are in possession of reloading machines before the effectivity of this Revised IRR shall secure a License to Possess Ammunition Reloading Machines within the period of six (6) months from the effectivity of this Revised IRR.
12.4.8 Licensed juridical entities, accredited gun clubs with shooting ranges, accredited shooting ranges and LEAs which are in possession of reloading machines before the effectivity of this Revised IRR shall secure a License to Possess Ammunition Reloading Machines within the period of six (6) months from the effectivity of this Revised IRR.
Licensed individuals may within the same period, be allowed to retain possession of their reloading machines provided they shall first acquire a Sports Shooter’s License.
12.4.9 Licensed sports shooters, licensed juridical entities, accredited gun clubs with shooting ranges, accredited shooting ranges and LEAs shall submit a monthly report on the production and disposal of reloading machines and reloaded ammunition with the FEO.
Section 13. Issuance of License to Manufacture and Deal in Firearms and Ammunition
13.1 Any person, natural or juridical, legal entity, corporation, partnership, desiring to engage in the business of manufacturing or dealing in firearms, parts of firearms, or ammunition thereof, or instruments and implements used or intended to be used for purposes of sale or distribution shall first secure the appropriate license for such purpose.
13.1.1 The Government Arsenal created under Republic Act No. 1884 shall be exempt from the requirements under Sections 13 but must comply with Sections 14, and 15 of RA No. 10591 and shall be subject to reportorial requirements as required by the FEO such as: production reports, inventory of raw materials, sales report, inventory report and other reports that the C, PNP may require which shall be submitted annually.
13.2 Applications for licenses shall be in the name of and shall be represented by the owner, in case of sole proprietorships or partnerships, or, in case of corporations, by the president or any corporate officer or member of the Board empowered through a Secretary’s Certificate. The applicant may duly authorize a representative to process the application through a Special Power of Attorney (SPA) stating that he/she had been authorized for the purpose of processing the application for license.
13.3 The applicant shall state the types of arms, ammunition or implements which the applicant intends to manufacture or purchase and sell under the license applied for. The applicant shall submit a duly accomplished application to the FEO that must be accompanied by the original or
authenticated copy of the documentary requirements as provided under
Annex “E”* to acquire License to Manufacture Firearms and Ammunition.
13.3.1 All requirements on Clearances and Permits should be valid at the time of filing of the application.
13.4 The approving authority for a License to Manufacture firearms and ammunition to include its amendment and renewal, shall be the Secretary of the Interior and Local Government (SILG).
13.5 The approving authority for a License to Deal firearms and ammunition to include its amendment and renewal shall be the Chief, Philippine National Police (C, PNP).
13.6 Upon approval of the license to manufacture or otherwise deal in firearms by the SILG or the C, PNP as the case may be, the same shall be transmitted to the FEO of the PNP which shall issue the license in accordance with the approved terms and conditions, upon the execution and delivery by the applicant of the required bond conditioned upon the faithful compliance on the part of the licensee to the laws and regulations relative to the business licensed.
13.7 The License to Manufacture or License to Deal shall be valid for a period of five (5) years.
13.7.1 In the application for renewal of the license to Manufacture or license to Deal, the SILG or the C, PNP respectively, may grant a license for a longer period in the following instances, without prejudice to the inspection requirements under Section 20 and revocation authority under Section 39:
a. In meritorious cases such as expansion or domestic and/or foreign investment partnerships/joint ventures; or
b. With regard to the capability of the applicant in terms of factors such as but not limited to capitalization, equipment, number of dealership locations and facilities, number of employees, and years in operation.13.7.2 The application for the renewal of the license shall be submitted to the FEO before the date of the expiration of such license.
If an application for renewal is filed and officially received at least 90 days prior to its expiration date, the license shall remain valid until a decision is rendered on the application for renewal. In this instance, the reckoning date of validity of the renewed license shall be on the day after the expiry date of the previous license.
13.7.3 Immediately after the expiration of the license, a Cease to Operate (CTO) Order with Notice of Confiscation shall be issued by the PNP through the FEO to the manufacturer or dealer with expired license, informing the latter of the following:
a. That, its license had already expired;
b. That it has a 60-day grace period to re-apply for a new license subject to the imposition of penalties to be determined by the PNP; and
c. That, its failure to apply for a new license within the grace period will cause the confiscation of the firearms or ammunition, or major parts of the firearms, or machinery, tool or instrument used or intended to be used in the manufacture of firearms, ammunition or major parts thereof.
If after the lapse of 60-day grace period, the manufacturer or dealer still fails to secure a new license, the latter shall be prohibited to exercise the authorities as provided for under Sections 14 and 15 of the law and this Revised IRR.
Section 14. Scope of License to Manufacture Firearms and Ammunition
14.1 The License to Manufacture firearms, parts of firearms and ammunition shall include assembly of firearms from parts that the manufacturer or sub- contractor manufactured, repair of defective firearms pursuant to the warranty provision in the contract of sale or as a result of wear and tear; processing of ammunition components, loading, reloading and disassembly of ammunition, enhancement and refurbishing of firearms and such other acts necessary and indispensable for the full utilization/implementation of the license. Provided that such authority to assemble firearms must be supported by a licensing agreement or other legal instrument between the original manufacturer and the assembler. Original manufacturer shall mean the owner of the registered patent, utility design or trademark.
14.2 The License to Manufacture includes the authority granted to the authorized manufacturer to deal in or sell all the manufactured items covered by the said license. The quantity allowed under the license to Manufacture shall be based on the capacity and capability of the manufacturer at a given period to be determined by the FEO.
14.3 The license to Manufacture shall further include the authority to subcontract the manufacturing of parts and accessories necessary for the firearms provided that the finished product will carry the trademark or brand name of the licensed manufacturer. In case the manufacturer subcontracts the manufacturing of a finished usable major part, the subcontractor shall secure first a license to manufacture such part.
14.4 Authorized manufacturer shall secure authority to import machinery, equipment, and firearms parts and ammunition components for the manufacture of firearms and ammunition. Firearms parts and ammunition components to be imported shall, however, be limited to those authorized to be manufactured as reflected in the approved License to Manufacture. Importation of forging or casting used or intended to be used in the manufacture of firearms shall require an Import Permit, including importation of mill-run parts. The Import Permit shall be for the approval of the C, PNP.
14.5 A licensed manufacturer of ammunition is also entitled to import various reference firearms needed to test the ammunition manufactured under the License to Manufacture.
14.5.1 Imported various firearms for reference, test and evaluation to be used in the manufacture of ammunition shall not be allowed for sale and distribution. After the intended test, disposition of the firearms shall be limited to the following:
a. For light weapons, the manufacturer is only authorized to return the items to its country of origin, or donate the same to the PNP; and
b. For small arms, the manufacturer may opt to retain its possession, on the condition that it shall be registered under its company name, provided it has a company guard unit. The registration shall be in accordance with the provisions stated under Section 5 of this Revised IRR. It may also donate the firearms to the PNP, or return the same to its country of origin.14.5.2 If the manufacturer opted to return the items to the country of its origin, it shall be required to submit to the FEO proof of exportation, delivery verification certificate or its equivalent documents issued by the concerned foreign government.
14.6 A licensed manufacturer of firearms, on the other hand, is entitled to import various firearms for reference, test and evaluation for the manufacture of similar types of small arms and light weapons covered by the License to Manufacture. Manufactured light weapons shall be for export purposes only and not for sale and distribution locally unless the licensed manufacturer has contract of sale with the government to the AFP, PNP, and other LEAs authorized by the President to own and possess light weapons.
14.6.1 Imported various firearms for reference, test and evaluation to be used in the manufacture of firearms shall not be allowed for sale and distribution. After the intended test, disposition of the firearms shall be limited to the following:
a. For light weapons, the manufacturer is only authorized to return the items to its country of origin, or donate the same to the PNP; and
b. For small arms, the manufacturer may opt to retain its possession, on the condition that it shall be registered under its company name, provided it has a company guard unit. The registration shall be in accordance with the provisions stated under Section 5 of this Revised IRR. It may also donate the firearms to the PNP, or return the same to its country of origin.
14.6.2 If the manufacturer opted to return the items to the country of its origin, it shall be required to submit to the FEO proof of exportation, delivery verification certificate or its equivalent documents issued by the concerned foreign government.
14.7 Authorized manufacturer shall secure authority to export manufactured parts or finished products of firearms and ammunition. The Export Permit of firearms and ammunition shall be for the approval of the C, PNP.
14.7.1 Requirement for Issuance of Export Permit:
a. Letter request from applicant addressed to C, PNP;
b. Letter intent from foreign buyer;
c. Purchase Order;
d. Approved authority to import from the country of destination;
and
e. End-User Certificate (EUC).14.7.2 Permit to Import and Export firearms, ammunition, parts or components samples for demonstration, test and evaluation, and trade exhibits:
Export Permit for sample, demonstration, test and evaluation, and trade exhibits, for subsequent return to the country of origin, shall be issued by the C, PNP through C, FEO provided that the number of firearms shall not exceed five (5) per type/model of firearm and/or ammunition shall not exceed ten thousand (10,000) rounds per firearm and upon the submission of the following requirements:
a. Letter request from applicant addressed to the C, PNP
through C, FEO;
b. Copy of License to Manufacture; and
c. Letter of intent from foreign, entity or an invitation for foreign trade show/exhibit.
14.7.3 Import Permit for sample, demonstration, test and evaluation, and trade exhibits, for subsequent return to the country of origin, shall be issued by the C, PNP through C. FEO provided that the number of firearms shall not exceed five (5) per type/model of firearm and/or ammunition shall not exceed ten thousand (10,000) rounds per firearm and upon the submission of the following requirements:
a. Letter request from applicant addressed to the C, FEO;
b. Letter of intent or invitation from licensed citizen, licensed juridical entity or other government entities for the above- mentioned purposes only.
14.7.4 Licensed manufacturer shall secure authority to export manufactured parts or finished products of firearms and ammunition. The Export Permit of firearms and ammunition shall be for the approval of the C, PNP.
14.8 Licensed manufacturer shall secure Permit to Transport Firearms and/or Ammunition for the following purposes:
a. Transport from factory to CSG-FEO Storage facility and vice versa; b. Transport from factory to subcontractor and vice versa;
c. Transport from CSG-FEO storage facility or manufacturer to exhibit, display, demonstration or testing site and vice versa;
d. Transport from CSG-FEO Storage facility to authorized Dealer’s gun stores and vice versa;
e. For imported items, transport from port of entry to CSG-FEO storage facility or manufacturer’s factory; and
f. For exportation, transport from manufacturer’s factory or CSG-FEO
storage facility to port of exit.
14.8.1 The approving authority for the issuance of Permit to Transport is the C, PNP or his/her authorized representative, or the Regional Director.
Section 15. Registration of Locally Manufactured and Imported Firearms
15.1 For locally manufactured firearms and major parts thereof, the registration shall be made at the manufacturing facility of the authorized manufacturer. To facilitate the registration, the PNP through the FEO shall conduct the inspection and recording of the manufactured firearms and major parts thereof based on the records initially prepared by the authorized manufacturer.
15.2 Firearms which are intended for local sale and distribution shall be subjected to stencil and test procedures. The stencil and test shall be conducted at the PNP Crime Laboratory. In case the number of firearms cannot be accommodated in the PNP Crime Lab, the same may be conducted at the licensed manufacturer’s facility. The licensed manufacturer shall shoulder the fees and other necessary expenses.
15.3 After compliance with the requirements of 15.1 and 15.2 above, the inspected firearms and major parts of firearms shall be registered with the FIMS before they shall be made available for sale or distribution.
15.4 Firearms intended for exports shall be subjected only to stencil requirement and shall not undergo the ballistic testing procedures, provided that proof of exportation shall be submitted to the FEO.
15.5 For imported firearms and major parts thereof, inspection and inventory shall be done upon arrival at the FEO storage facility and other CSG-FEO storage facilities. The steps and procedures provided under 15.2 to 15.3 shall be applied.
15.6 Major parts for individual sale in the Philippines shall have distinct serial numbers and proof marks.
15.6.1 Manufacturers and dealers who have in their possession locally manufactured and imported barrels, frames and receivers, for individual sale in the Philippines shall serialize the same within a year from the effecfivity of this Revised IRR. The FEO shall determine the serial numbers, which shall be engraved by authorized manufacturers or authorized, licensed gunsmiths.
15.6.2 Upon the effectivity of this Revised IRR, the manufacturers and dealers shall acquire locally manufactured and imported barrels, frames, and receivers with engraved serial numbers.
15.7 All locally manufactured/assembled firearms shall bear the name of the manufacturer, the country where the firearms are manufactured and their serial numbers and other information deemed relevant.
15.8 Locally manufactured or imported firearm of new model or prototype shall be subject for classification by the FEO Classification Board (FCB) before it can be allowed for local sales or distribution. For this purpose, the FEO shall create the FCB which shall study, review, validate and classify the said firearm.
Section 16. License and Scope of License to Deal
16.1 The License to Deal authorizes the purchase, sale and general business in handling firearms and ammunition, major parts, minor parts of firearms, accessories, spare parts, components, and reloading machines, which shall be issued by the C, PNP.
The License to Deal shall include the following: purchase, sale or transfer, distribution and general business in handling firearms, ammunition, major and minor parts of firearms, spare parts and accessories, reloading machines and ammunition components that include bullet and cartridge case. The quantity allowed under the License to Deal shall be based on the capacity and capability of the dealer at a given period to be determined by the FEO.
Licensed dealer shall secure a Permit to Load/Reload Ammunition in order to be allowed to load/reload ammunition for commercial purposes.
16.2 Licensed dealers shall apply to the C, PNP through the FEO for Permit to Import firearms and ammunition, major and minor parts of firearms, accessories, spare parts, ammunition components that include bullet and cartridge case and reloading machines for commercial sale or distribution by submitting the following requirements:
a. Duly accomplished Application Form; and
b. Summary of Transactions.
16.2.1 Licensed dealers shall apply for Authority to Import for Sample, Test and Evaluation by complying with the following requirements:
a. Letter request addressed to the C, PNP stating the items to be
Imported and the country of origin;b. Original End-User’s Certificate; and
c. Special Bank Receipt.
16.2.2 Licensed dealers, manufacturers and recognized organization/ association shall apply for Permit to Conduct Gun Show, and Trade Exhibits, by complying with the following requirements:
a. Letter request addressed to the C, PNP thru C, FEO indicating the validity of their license; and
b. Special Bank Receipt or other proof of payment.
16.2.3 Licensed manufacturers and/or dealers shall apply for Permit to Display during gun show and trade exhibits by complying with the following requirements:
a. Letter request addressed to the C, PNP thru C, FEO stating the items to be displayed; and
b. Special Bank Receipt or other proof of payment.
16.3 The importer/dealer shall furnish a copy of the approved Export Permit from the country of origin to the FEO upon embarkation of items. Failure to comply with this shall be a violation of reportorial requirement and shall be a ground for revocation.
16.4 A Permit to Transport shall be applied for by an Authorized Dealer for the following purposes:
a. For imported items, transport from port of entry to CSG- FEO storage facility;
b. Transport from CSG-FEO Storage facility to authorized dealer;
c. Transport from Dealer to residence of firearm and vice versa; and
d. Transport from CSG- FEO storage facility or authorized dealer to exhibit/display/demonstration site and vice versa.
16.5 The approving authority for the issuance of Permit to Transport is the C, PNP or his authorized representative, or the Regional Director (RD).
16.6 A licensed dealer shall maintain an inventory of all its transactions on purchase, importation, and sale of firearms, major and minor firearm parts, ammunition and accessories. The inventory shall contain the number and description of the sold firearms and ammunition, as well as the name of the buyers. Refusal on the part of a licensed dealer to comply with this provision shall cause the forfeiture of the bond and suspension of its license pending posting of new bond.
Section 17. License and Scope of License for Gunsmiths
17.1 The license for gunsmiths shall allow the licensee to repair registered firearms. The license shall include customization of firearms from finished or manufactured parts thereof on per order basis and not in commercial quantities and the making of minor parts thereof, i.e., pins, triggers, bows, sights, and the like for the purpose of repairing the registered firearm.
17.2 In order to qualify and acquire a license for individual gunsmith, the applicant must:
a. Be a Filipino citizen;
b. Be at least twenty-one (21) years old at the time of the filing of his/her written application;
c. Be of good moral character;
d. Have a safe and secure gunsmith facility;
e. Have burglar-proof firearms vault enough to safely accommodate the quantity of firearms requested for repair; and
f. Have undergone gunsmith training and passed the evaluation by the
PNP Evaluation Board.
17.3 In order to qualify and acquire a license for juridical entity, the applicant must:
a. Be Filipino-owned, duly registered with the Securities and Exchange Commission (SEC) or Department of Trade and Industry (DTI) or Cooperative Development Authority (CDA), as the case may be;
b. Be current, operational and a continuing concern;
c. Have completed and submitted all its reportorial requirements to the
SEC, DTI or CDA;
d. Have paid all its income taxes for the previous year, as duly certified by the BIR;
e. Have a safe and secure gunsmith facility; and
f. Have a burglar-proof firearm vault enough to safely accommodate the quantity of firearms requested for repair.
17.3 1 Applications for licenses shall be in the name of the juridical entity.
Provided, that the licensee and/or authorized representative have complied with Section 17.2 of this Revised IRR.
In case of sole proprietorships or partnerships, the applicant may duly authorize a representative to process the application through a Special Power of Attorney (SPA) stating that he/she is authorized for the purpose of processing the application for license.
In case of a corporation, it may be represented by its president or any corporate officer or member of the Board, empowered through a Board Resolution duly certified by a Secretary’s Certificate.
17.3.2 The license issued to a gunsmith as juridical entity shall include the authority for their employees to repair and/or customize firearms.
17.4 The applicant shall submit a duly accomplished application to the FEO that must be accompanied by the original or authenticated copy of the documentary requirements as provided under Annex “F”* to acquire License for Gunsmith.
17.4.1 All requirements on Clearances and Permits should be valid at the time of filing of the application.
17.5 The license for gunsmith shall specifically state the place of business where the licensee shall conduct business. Except for off-site contracted activities, the licensee or its employees. If any, shall not be allowed to repair and/or customize a firearm in any other place other than that specified in the license.
17.6 Licensed gunsmith shall replace the barrel frame, or receiver of a firearm upon presentation of valid LTOPF and firearm parts registration Licensed gunsmith shall only replace slide, cylinder or bolt assembly of a firearm, upon presentation of a Permit to Replace slide, cylinder or bolt assembly issued by the FEO. Licensed gunsmith shall turn over the replaced unserviceable barrel, slide, frame, receiver, cylinder or bolt assembly of a firearm to the FEO or its counterpart for final disposition.
17.7 The licensed gunsmith who is authorized by the PNP to repair a firearm, particularly the conduct of re-etching/stamping of the firearm’s make, model, serial number and/or replacement of the major gun parts, including its individual or peculiar identifying characteristics essential in forensic examination, shall bring the repaired firearm to the PNP Crime Laboratory for re-stencil and re-testing procedures to be able to update accordingly the ballistics and stencil records of the subject firearm in the Firearms Identification System (FIS) of the PNP Crime Laboratory.
17.8 Unregistered firearms or those with expired firearm registration shall not be accepted for repair and/or customization. Failure to comply with this provision shall be a ground for the revocation of the gunsmith’s license after due process and any person in violation of this provision shall be held liable and penalized in accordance with the law and this Revised IRR.
17.9 Licensed gunsmith shall maintain a permanent record of all transactions such as the list of the firearms and the scope of the respective repair and/or customization to include photocopy of the license to own or possess firearms and the firearm registration of the subject firearm/s. Monthly report shall be submitted on or before the fifteenth (15th) day of the following month to the FEO. Refusal on the part of the licensed gunsmith to comply with the provisions of this section shall cause the revocation of the license.
17.10 The approving authority for new application, renewal and amendment for Gunsmith’s License shall be the C, PNP but may be delegated to the C, FEO.
17.11 License for gunsmith shall be valid for a period of three years from the date of issuance or unless sooner revoked for cause.
17.11.1 The application for the renewal of the license shall be submitted to the FEO before the date of the expiration of such license.
If an application for renewal is filed and officially received at least
90 days prior to its expiration date, the license shall remain valid until a decision is rendered on the application for renewal. In this instance, the reckoning date of validity of the renewed license shall be on the day after the expiry date of the previous license.17.11.2 Immediately after the expiration of the gunsmith’s license, a Cease to Operate (CTO) Order with Notice of Confiscation shall be issued by the PNP through the FEO to the licensee with expired license, informing the latter of the following:
a. That, his/her license had already expired;
b. That, he/she has a 60-day grace period to re-apply for a new license subject to the imposition of penalties to be determined by the PNP; and
c. That, his/her failure to apply for a new license within the grace period will cause the confiscation of the firearms, parts, machinery, tool or instrument used or intended to repair or customize firearms.
Unless the gunsmith is issued a new license, the latter shall likewise be prohibited to exercise the authorities as provided for under Section 17 of the law and this RIRR.
Section 18. Firearms for Use in Sports and Competitions
18.1 A licensed citizen shall apply for a Permit to Transport (PTT) for his/her registered firearms and ammunition from his/her residence to the shooting range/s and competition site/so Provided, such requirement will no longer be required If the licensee has a valid PTCFOR. Provided further that in case of competition abroad, PTT shall still be required regardless of whether he/she has an existing PTCFOR.
18.2 The approving authority for application for Permit to Transport (PTT) for local shooting range/s and competition site/s shall be the C, PNP or the RD. For purposes of application, the applicant shall be required to accomplish PIT Application Form issued by the FEO.
18.3 In case of application for PTT for use for competition outside the country, the same shall be issued only by the C, PNP. For purposes of application, the applicant shall be required to submit the following:
a. Accomplish PTT Application Form issued by the FEO;
b. Application or invitation from the organizing committee; and
c. Endorsement from recognized gun association/club.
18.4 A minor may participate in a local or international competition using a firearm owned, registered, and possessed by an authorized gun club or by his/her parents or in their absence, by his/her guardian. The FEO shall formulate the necessary rules for this purpose.
Section 19. Renewal of Licenses and Registration
19.1 All types of licenses i.e. License to Own and Possess Firearm, long Certificate of Registration and Short Certificate of Registration shall be renewed every two (2) years. Failure to renew the license on or before the date of expiration shall cause automatic revocation of the license and of the registration of the firearm/s under said licensee.
19.2 The registration of the firearm shall be renewed every four (4) years.
Failure to renew the registration of the firearm on or before the date of expiration shall cause automatic revocation of the registration of the firearm. The said firearm shall be confiscated or forfeited in favor of the government after due process.
19.3 The application for the renewal of the license or firearm registration may be submitted to the FEO within six (6) months before the date of the expiration of such license or registration.
19.3.1 If an application for renewal is filed at least 90 days prior to its expiration date, the expiring license shall remain valid until a decision is rendered on the application for renewal.
19.4 Failure to renew a license or firearm registration without justifiable cause within the period stated above on two (2) occasions shall cause the holder of the firearm to be perpetually disqualified from applying for firearm license.
19.5 The C, PNP through FEO shall formulate the necessary policies and guidelines for the renewal of licenses and/or registration of firearms on the following:
a. License to Own and Possess Firearms (Citizen);
b. License to Own and Possess Firearms (Juridical);
c. Long Certificate of Registration;
d. Short Certificate of Registration;
e. Registration of Firearms (Citizen);
f. Registration of Firearms (Juridical); and
g. Permit to Carry Firearm Outside of Residence (PTCFOR).
Section 20. Inspection and Inventory of Firearms and Records of Manufacturer, Dealer, Gunsmith, Gun Club and Shooting Range
20.1 The inspection shall be done periodically as a requirement for licensing, inventory, monitoring purposes and investigation as the case may be.
20.2 The PNP through the CSG-FEO or any office authorized by the C, PNP shall inspect or examine the inventory and records of licensed manufacturer, licensed dealer, licensed gunsmith, accredited gun club and accredited shooting range.
20.3 The PNP through CSG-FEO or any office authorized by the C, PNP shall inspect or examine the inventory and records of all expired licenses and accreditations with Cease to Operate order.
20.4 The Inspection Team shall be covered with a Letter Order to be headed by a Police Commissioned Officer (PCO). The inspection or examination of records and inventories shall be conducted during reasonable hours 20.5. A copy of the report of inspection shall be provided to the licensed manufacturer, licensed dealer, licensed gunsmith, accredited gun club and accredited shooting range within five (5) working days from the date of inspection.
20.6 In case of adverse findings, licensed manufacturer, licensed dealer, licensed gunsmith, accredited gun club and accredited shooting range shall be given fifteen (15) working days, from receipt of the said report, to comply with the findings and/or recommendations.
Non-compliance on the findings and/or recommendations of the Inspection Team within the given period shall be a ground for the denial of application or revocation/cancellation, suspension of the license/recognition/ accreditation.
20.7 The C, PNP or his/her authorized representative shall require the submission of monthly, quarterly and/or annual reports, as the case may be, from:
20.7.1 Licensed manufacturer, licensed dealer, and licensed gunsmith, such as the following: production, reports, inventory of raw materials, sales report, inventory report or accomplishment report, and other reports as may be required; and
20.7.2 Accredited gun clubs and shooting range such as the following: firearms and ammunition inventory report or accomplishment report and other reports as may be required.
RULE IV
ACQUISITION, DEPOSIT OF FIREARMS, ABANDONED, DEMILITARIZED AND ANTIQUE FIREARMS
Section 21. Acquisition or Purchase and Sale of Firearms and Ammunition
21.1 Firearms and ammunition may only be acquired or purchased from authorized dealers, importers or local manufacturers and may be transferred only from a licensed citizen or juridical entity to another licensed citizen or licensed juridical entity. Licensed firearm holder prior to RA 10591, who are no longer interested to continue possessing his/her firearm/s may transfer the same to a licensed citizen and/or licensed juridical entity within six (6) months upon the effectivity of this Revised IRR.
21.2 The importation, manufacture, deal-in, acquisition, purchase, sale or disposal of or possession of any firearm, detached parts of firearms or ammunition therefore, or any instrument of implement used or intended to be used in the manufacture or firearms, parts of firearms or ammunition entities not duly licensed or authorized for such purpose is a violation of these rules and shall be penalized in accordance with this Revised IRR.
21.3 Authorized dealer and manufacturer shall only sell registered firearm or ammunition or major parts of a firearm to a licensed citizen or a licensed juridical entity.
21.4 During election period, the sale, transfer and registration of firearms and ammunition and major parts and the issuance of license to a qualified individual or a qualified juridical entity thereof shall be allowed. However, the transport or delivery of the firearms shall strictly comply with the issuances, resolutions, rules and regulations promulgated by the Commission on Elections.
Section 22. Deposit of Firearms by Persons Arriving from Abroad
22.1 A person arriving in the Philippines who is legally in possession of any firearm or ammunition in his/her country of origin and who has declared the existence of the firearm upon embarkation and disembarkation but whose firearm is not registered in the Philippines In accordance with this Revised IRR shall deposit the same upon written receipt with the Collector of Customs for delivery to the FEO of the PNP for safekeeping.
22.2 If the person arriving in the Philippines is a sports shooter in his/her country of origin, his/her licensed/registered firearm/s and/or ammunition shall be deposited upon written receipt with the Collector of Customs for delivery to the FEO of the PNP for issuance of a Permit to Transport with the following requirements:
a. Letter Request addressed to-the C, PNP (Attn: C, FEO);
b. Photocopy of the Passport;
c. Firearm license/Registration issued by the country of origin; and d. Invitation from the Host Gun Club/Association.
22.3 A person arriving in the Philippines who is legally in possession of any firearm and/or ammunition in his/her country of origin and desires to obtain a domestic firearm license shall first secure Import Permit.
22.3.1 The following are the requirements for securing Import Permit:
a. Letter to the C, PNP (Attn: C, FEO) requesting that importation be allowed;
b. Photocopy of the Passport;
c. Firearm license/Registration or proof of lawful possession issued by the country of origin duly authenticated by the Philippine Embassy.
22.3.2 Government officials on official travel shall undergo same procedure in obtaining license in accordance with the provisions of this Revised IRR and submit Affidavit of Undertaking that said firearm will not be sold/donated within the period of ten (10) years unless donated to the PNP.
22.4 A person arriving in the Philippines who is legally in possession of firearms, ammunition, firearm parts and accessories and who desires to use the same in exhibits, theatrical and other relevant purposes shall first secure permit to hold such activity:
22.4.1 The following are the requirements for securing such permit:
a. letter addressed to the C, PNP (Attn: C, FEO) requesting for permit to hold such activity;
b. Photocopy of the passport;
c. Firearm license/Registration, or proof of lawful possession issued by the country of origin duly authenticated by the Philippine Embassy; and
d. Affidavit of Undertaking that the firearm will not be sold/donated and that rules and regulations for proper storage shall be observed.
22.4.2 Upon disembarkation, and upon written receipt with the Collector of Customs, said firearms, ammunition, firearm parts and accessories, shall be delivered and deposited to the FEO of the PNP for safekeeping and issuance of a Permit to Transport based on the schedule of activities. The duration of the validity, the place or places where the firearm/s could be brought, and the purpose thereof shall be indicated in the Permit to Transport.
22.5 Members of Diplomatic Corps such as diplomats/foreign dignitaries, diplomatic representative and/or attaches who are arriving in the Philippines with an Official Business (OB) of his/her government are allowed to possess and carry firearms and ammunition as accorded with courtesy and some privilege which are not usually extended to an ordinary foreigner vis-à-vis with the same privilege being accorded to Philippines diplomats in foreign countries pursuant to the internationally recognized legal principle of reciprocity.
22.6 If the firearm is not appropriate for registration under these rules and that return of the firearm to the country of origin cannot be made, the firearm shall remain in the custody of the FEO pursuant to Section 25 of this Revised IRR.
Section 23. Return of Firearms to Owner upon Departure from the Philippines
23.1 Upon the departure from the Philippines of any person whose firearm or ammunition is in the custody of the FEO of the PNP, the same, shall, upon timely request. be delivered to the person through the Collector of Customs.
23.2 Firearms and ammunition deposited in the FEO for safekeeping, in relation to Section 22.1, shall only be released by the FEO upon departure of the person from the Philippines, through the Collector of Customs, provided that he/she submits the following requirements:
a. letter request addressed to the C, FEO (Attn: C, EEMD);
b. Photocopy of the passport; and c. Proof of travel.
23.3 In the case of firearm/s used In local shooting competition or exhibits, theatrical purposes and other relevant purposes the firearm/s must be presented to the Collector of Customs before the same is allowed to be loaded on board the carrier on which the person is to board.
23.4 The Collector of Customs shall load said firearm/s or ammunition to the carrier on which the person is to board.
Section 24. Safekeeping of Firearms and Ammunition
24.1 Any licensee may deposit a registered firearm, parts, and/or ammunition to the CSG-FEO, Police Regional Office, Police Provincial Office or City Police Office for safekeeping. A written receipt shall be issued corresponding to the deposit and reasonable fees for storage shall be imposed.
24.2 The CSG-FEO, Police Regional Office, Police Provincial Office or City Police Office shall not be liable for any damage or loss of the firearm submitted for safekeeping by reason of any fortuitous event.
Section 25. Abandoned Firearms and Ammunition
25.1 Firearms, parts and/or ammunition deposited with the FEO for safekeeping shall not exceed five (5) years. Failure to claim the deposited firearms and ammunition within five (5) years and/or non-payment of storage fee for five (5) consecutive years shall be considered as abandoned firearms.
25.2 Firearms, parts and/or ammunition that have been found and deposited to the CSG-FEO, Police Regional Office, Police Provincial Office or City Police Office and remained unclaimed for five (5) years shall be considered as abandoned firearms.
25.3 The CSG-FEO, Police Regional Office, Police Provincial Office or City Police Office may dispose of the same after compliance with established procedures.
Section 26. Death or Disability of the Licensee
26.1 Upon the death of a licensed citizen, the privilege of his/her license to own or possess firearms and the registration of the firearm automatically expires. In case of legal disability pursuant to Section 26.1.5 of this Revised IRR. the privilege provided for by a license to own or possess firearms and the registration of the firearm shall be revoked.
26.1.1 When a licensed citizen with registered firearms or ammunition dies, or becomes legally disabled, his/her next of kin, nearest relative, legal representative or any other person, shall cause the delivery of the same to the CSG-FEO or Police Regional Office or through the nearest police station which has jurisdiction over the licensee and/or the registered firearms within the prescribed period provided hereunder:
a. If the next of kin, nearest relative, legal representative, or any other person has prior knowledge of the existence of the firearms, within six (6) months after the death or legal disability; and
b. If the next of kin, nearest relative, legal representative, or any other person has no prior knowledge of the existence of the firearms, within six (6) months from the actual possession of the firearms.26.1.2 Upon presentation of the proof that the individual is the legitimate heir pursuant to the law, he/she may register small firearm/s provided he/she meets the standard requirements and qualifications in accordance with RA 10591 and this Revised IRR or may transfer to licensed citizen or licensed juridical entity.
26.1.3 Pending the issuance of a license to the applicant, the registered firearm of the deceased or legally disabled licensee shall remain under the custody of the FEO or the Police Regional Office (PRO) which has jurisdiction over the licensee and/or the registered firearm. In the event that there is no qualified applicant, the C, PNP through the FEO shall dispose the firearm in accordance with the rules set forth for this purpose
26.1.4 Failure to deliver the firearm or ammunition pursuant to Section
26.1.1 shall render the possessor liable for illegal possession of firearms and/or ammunition.
26.1.5 For licensed citizens, legal disability shall include but shall not be limited to the following circumstances:
a. Mental incapacity;
b. Conviction for a crime punishable with a penalty of more than 2 years;
c. Conviction of any crime involving moral turpitude;
d. Pendency of a criminal case with imposable penalty of more than 2 years; or
e. Failure to pass the Gun Safety Seminar; or f. Failure to pass the requested drug test.
26.2 In case of legal disability of juridical entities, authorized bonded firearm custodians, owners or any of the officers of sole proprietorships/ partnerships; or presidents, vice presidents, treasurers, or corporate secretaries of corporations, shall cause the delivery of its registered firearm to the CSG-FEO or PRO for safekeeping until legal disposition thereof in accordance with existing laws, rules, and regulations.
26.2.1 The firearms, except light weapons may, however, be transferred in accordance with existing laws, rules, and regulations to licensed citizens, licensed juridical entity, licensed manufacturer, licensed dealer or surviving corporations in case of corporate mergers or consolidated corporations in case of corporate consolidation or to any subsidiaries/sister corporations.
26.2.2 Failure to deliver the firearms and/or ammunition within six (6) months after the legal disability of the licensed juridical entity shall render the authorized bonded firearm custodians and owners or any of the officers of sole proprietorships/partnerships; or presidents, vice presidents, treasurers, or corporate secretaries of corporations liable for illegal possession of the firearms.
26.2.3 For licensed juridical entities, legal disability shall include but shall not be limited to the following circumstances:
a. Expired License to Operate (LTO); and
b. Cease to Operate (CTO) Order issued by the CSG-SOSIA.
Section 27. Antique Firearms
27.1 Any person who possesses an antique firearm shall secure an Antique Firearm Collector’s License from the FEO of the PNP and shall register the same. Proper storage of antique firearms shall be strictly imposed. Non- compliance of this provision shall be considered as illegal possession of the firearms as penalized in the law and this Revised IRR.
27.2 The following documentary requirements in original or authenticated copies shall be submitted:
a. Duly accomplished application form;
b. License to Own and Possess Firearm (LTOPF); and
c. A Certification from the National Museum that (1) a firearm is curio or relic of museum interest, (2) the firearm was manufactured at least seventy-five (75) years prior to the current date but not including replicas, or (3) the firearm derives a substantial part of its monetary value from the fact that it is novel, rare, bizarre or because of its association with some historical figure, period or event.
27.3 The Antique Firearm Collector’s License shall be valid for a period of two (2) years from the date of issuance or unless sooner revoked for cause.
27.4 Registration of unserviceable antique firearm shall be on a one-time registration.
27.5 Registration of serviceable antique firearm shall be valid for a period of four (4) years.
27.6 A licensed antique firearm collector shall maintain proper storage of antique firearms which shall be subject to periodic inspection and inventory by the Chief, PNP or his/her authorized representative.
27.7 A Permit to Carry Firearms Outside Residence (PTCFOR) shall not be issued to firearms classified and registered as antique firearm.
27.8 A licensed antique firearm collector shall submit a status report of his/her antique firearms on a yearly basis for verification purposes. Antique firearms could only be transferred to another licensed antique firearm collector who shall register the same.
27.9 A licensed antique firearms collector may import or export his/her antique firearm provided that the licensee has secured clearance from the National Museum and appropriate authority through the FEO.
27.10 For display, exhibit, cultural, educational and research purposes, antique firearms shall be allowed to be transported from one place to another as long as a Permit to Transport or any appropriate permit was issued by the FEO.
27.11 A licensed antique firearm collector shall be required to have vaults to store the antique firearm or shall be appropriately framed for display purposes.
27.12 Noncompliance of the rules and regulations set forth in this IRR shall be a ground for the revocation of license without prejudice to the filing of appropriate charges in court.
RULE V PENAL PROVISIONS
Section 28. Unlawful Acquisition or Possession of Firearms and Ammunition
The unlawful acquisition, possession of firearms and ammunition shall be penalized as follows:
28.1 The penalty of prision mayor in its medium period shall be imposed upon any person who shall unlawfully acquire or possess a small arm.
28.2 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.
28.3 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.
28.4 The penalty of reclusion perpetua shall be imposed upon any person who shall unlawfully acquire or possess a Class-B light weapon.
28.5 Penalty of one (1) degree higher than that provided in paragraphs a to c in this Section shall be imposed upon any person who shall unlawfully possess any firearm under any or combination of the following conditions:
a. Loaded with ammunition or inserted with a loaded magazine;
b. 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;
c. Fitted or mounted with sniper scopes, firearm muffler or firearm silencer;
d. Accompanied with an extra barrel; and
e. Converted to be capable of firing full automatic bursts
28.6 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.
28.7 The penalty of prision mayor in its minimum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a small arm or a Class-A Light Weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a small arm, the former violation shall be absorbed by the latter.
28.8 The penalty of prision mayor In Its medium period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-A light weapon.
28.9 The penalty of prision mayor in Its medium period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-A light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-A light weapon; the former violation shall be absorbed by the latter.
28.10 The penalty of prision mayor in its maximum period shall be imposed upon any person who shall unlawfully acquire or possess a major part of a Class-8 light weapon.
28.11 The penalty of prision mayor In its maximum period shall be imposed upon any person who shall unlawfully acquire or possess ammunition for a Class-8 light weapon. If the violation of this paragraph is committed by the same person charged with the unlawful acquisition or possession of a Class-8 light weapon, the former violation shall be absorbed by the latter.
Section 29. Use of Loose Firearm in the Commission of a Crime
29.1 The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an aggravating circumstance: Provided, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is lower than that prescribed in the preceding section for illegal possession of firearm, the penalty for illegal possession of firearm shall be imposed in lieu of the penalty for the crime charged: Provided further, That if the crime committed with the use of a loose firearm is penalized by the law with a maximum penalty which is equal to that imposed under the preceding section for illegal possession of firearms, the penalty of prision mayor in its minimum period shall be imposed in addition to the penalty for the crime punishable under the Revised Penal Code or other special laws of which he/she is found guilty.
29.2 If the violation of the law is in furtherance of, or incident to, or in connection with the crime of rebellion or insurrection, of-attempted coup d’etat, such violation shall be absorbed as an element of the crime of rebellion or insurrection, or attempted coup d’ etat.
29.3 If the crime is committed by the person without using a loose firearm; the violation of the law shall be considered as a distinct and separate offense.
Section 30. Liability of Juridical Person
The penalty of prision mayor in its minimum to prision mayor in its medium period shall be imposed upon 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 section, or willfully or knowingly allow any of them to use unregistered firearm or firearms without any legal authority to be carried outside of their residence in the course of their employment.
Section 31. Absence of Permit to Carry Outside of Residence
The penalty of prision correccional and a fine of Ten Thousand Pesos (Php10,000.00) shall be imposed upon any person who is licensed to own a firearm but who shall carry the registered firearm outside his/her residence without any legal authority therefor.
Section 32. Unlawful Manufacture, Importation, Sale or Disposition of Firearms or Ammunition or Parts Thereof, Machinery, Tool or Instrument Used or Intended to be Used in the Manufacture of Firearms, Ammunition or Parts Thereof
32.1 The penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person who shall unlawfully engage in the manufacture, importation, sale or disposition of a firearm or ammunition, or a major part of a firearm, or machinery, tool or instrument used or intended to be used by the same person in the manufacture of a firearm, ammunition or a major part thereof.
32.2 The possession of any machinery, tool or instrument used directly in the manufacture of firearms, ammunition, Of major parts thereof by any person whose business, employment or activity does not lawfully deal with the possession of such article, shall be prima facie evidence that such article is intended to be used in the unlawful or illegal manufacture of firearms, ammunition or parts thereof.
32.3 The penalty of prision mayor in its minimum period to prision mayor in its medium period shall be imposed upon any laborer, worker or employee of a licensed firearms or ammunition dealer who shall unlawfully take, sell or otherwise dispose of parts of firearms or ammunition which the company manufactures and sells, and other materials used by the company in the manufacture or sale of firearms or ammunition. The buyer or possessor of such stolen part or material, who is aware that such part or material was stolen, shall suffer the same penalty as the laborer, worker or employee.
32.4 If the violation or offense is committed by a corporation, partnership, association or other juridical entity, the penalty provided for in this section shall be imposed upon the directors, officers, employees or other officials or persons therein who knowingly and willingly participated in the unlawful act.
Section 33. Arms Smuggling
The penalty of reclusion perpetua shall be imposed upon any person who shall engage or participate in arms smuggling as defined in this Revised IRR.
Section 34. Tampering, Obliteration or Alteration of Firearms Identification
34.1 The penalty of prision correccional to prision mayor in its minimum period shall be imposed upon any person who shall tamper, obliterate or alter without authority, the barrel, slide, frame, receiver, cylinder or bolt assembly including the name of the maker, model or serial number of any firearm or who shall replace without authority the barrel, slide, frame, receiver, cylinder or bolt assembly, including its individual or peculiar identifying characteristics essential in forensic examination of a firearm or light weapon.
34.2 The PNP shall place this information, including its individual or peculiar identifying characteristics into the database of integrated firearms identification system of the PNP Crime Laboratory for future use and identification system of a particular firearm.
Section 35. Use of an Imitation Firearm
An imitation firearm used in the commission of a crime shall be considered a real firearm as defined in this Revised IRR and the person who committed the crime shall be punished in accordance with the law and this Revised IRR Provided, That injuries caused on the occasion of the conduct of competitions, sports, games, or any recreation activities involving imitation firearms shall not be punishable under this Revised IRR.
Section 36. In Custodia Legis
During the pendency of any case filed in violation of the law, seized firearm, ammunition or parts thereof, machinery, tools, instruments shall remain in the custody of the court. If the court decides that it has no adequate means to safely keep the same, the court shall issue an order to turn over to the PNP Crime
same to the court when so ordered. No bond shall be admitted for the release of the firearm, ammunition or parts thereof, machinery, tool or instrument. Any violation of this paragraph shall be punishable by prision mayor in its minimum period to prision mayor in its medium period.
Section 37. Confiscation and Forfeiture
37.1 The imposition of penalty for any violation of the law shall carry with it the accessory penalty of confiscation and forfeiture of the firearm, ammunition or parts thereof, machinery, tool or instrument in favor of the government which shall be disposed of in accordance with law.
37.1.1 All confiscated firearms or parts thereof, ammunition, machinery, tools or instruments, without any case filed before the court must be reported and turned over to the FED of the PNP.
37.1.2 During the pendency of the case, all confiscated firearms or parts thereof, ammunition, machinery, tools or instruments must be reported to FEO of the PNP.
37.1.3 After the pendency of the case, all forfeited firearms or parts thereof, ammunition, machinery, tools or instruments used as evidence in court shall be turned over to the FEO for final disposition in accordance with law.
37.1.4 Firearms which are considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules and regulations shall be turned over to the FEO for proper disposal in accordance with law.
Section 38. Liability for Planting Evidence
The penalty of prision mayor in its maximum period shall be imposed upon any person who shall willfully and maliciously insert, place and/or attach, directly or indirectly, through any overt or covert act, any firearm, or ammunition or parts thereof in the person, house, effects, or in the immediate vicinity of an innocent individual for the purpose of implicating or incriminating the person, or imputing the commission of any violation of the provisions of this Revised IRR to said individual.
If the person found guilty under this paragraph is a public officer or employee, such person shall suffer the penalty of reclusion perpetua.
Section 39. Grounds for Revocation, Cancellation or Suspension of License or Permit
39.1 The C, PNP or his/her authorized representative may revoke, cancel or suspend a license or permit on the following grounds:
a. Commission of a crime or offense involving a firearm, ammunition or major parts or pendency of a criminal case involving the firearm, ammunition or major parts thereof;
b. Conviction of a crime involving moral turpitude or any offense where the penalty carries an imprisonment of more than six (6) years;
c. Loss of the firearm, ammunition or any parts thereof through negligence;
d. Carrying of the firearm, ammunition or major parts thereof outside the residence or workplace without the proper permit to carry the same;
e. Carrying of the firearm, ammunition or major parts thereof in prohibited places such as, but not limited to, places of worship, public drinking and amusement places, other commercial or public establishments, places of engagements during international events or public convergence during local celebrations;
f. Dismissal for cause from the service in case of government officials and employees;
g. Commission of any acts penalized under Republic Act No. 9165, otherwise known as the “Comprehensive Dangerous Drugs Act of
2002”;h. Submission of falsified documents or misrepresentation in the application to obtain license or permit;
i. Non-compliance of reportorial requirements; and
j. By virtue of court or executive order.
39.2 Failure to submit necessary reports within three consecutive months shall be a ground for the revocation of the license of the dealers, manufacturers, importers or gunsmith.
39.3 The FEO shall formulate guidelines and procedures on the revocation, cancellation or suspension of licenses or permits.
Section 40. Failure to Notify Lost or Stolen Firearm or Light Weapon
40.1 A fine of Ten Thousand Pesos (Php10,000.00) shall be imposed upon any licensed firearm holder who fails to report to the FEO that the subject registered firearm has been lost or stolen within a period of thirty (30) days from the date of discovery.
40.2 Likewise, a fine of Five Thousand Pesos (Php5,000.00) shall be imposed upon any person holding a valid firearm registration card/certificate of registration who changes residence or office address other than that indicated in the firearm registration card/certificate of registration and fails within a period of thirty (30) days from said transfer to notify FEO of such change of address.
40.3 For the purpose of this Section, reporting or notification to the FEO can be done through any of the following modes of written communication: letter, memorandum, e-mail, or facsimile personally signed by the licensee or authorized officers/representatives of Juridical or head of government agencies/bureaus as the case may be along with Affidavit of Loss and Certification from the Local Police as contained in the police blotter in case of lost or stolen firearms.
Section 41. Illegal Transfer/Registration of Firearms
41.1 It shall be unlawful to transfer possession of any firearm to any person who has not yet obtained or secured the necessary license or permit thereof.
41.2 The penalty of prision correccional shall be imposed upon any person who shall violate the provision of the preceding paragraph. In addition, he/she shall be disqualified to apply for a license to possess other firearms and all his/her existing firearms licenses whether for purposes of commerce or disposed, sold or transferred by any law enforcement agent or public officer to private individuals, the penalty of reclusion temporal shall be imposed.
41.3 Any public office or employee or any person who shall facilitate the registration of a firearm through fraud, deceit, misrepresentation or submission of falsified documents shall suffer the penalty of prision correccional.
RULE VI
FINAL PROVISIONS
Section 42. Firearms Repository
42.1 The eSG-FED shall be the sole repository of all firearms and records to include imported and locally manufactured firearms and ammunition.
42.2 Within one (1) year upon approval of this Revised IRR, all military and law enforcement agencies, LGUs, and government-owned or controlled corporations shall submit an inventory of all their firearms and ammunition to the PNP.
42.3 Annual Inventory Report shall be submitted by the entities to the FED
every last week of January of the succeeding year.
Section 43. Final Amnesty
43.1 Persons in possession of unregistered firearms and holders of expired licenses or unrenewed firearms shall register and renew the same through the Final General Amnesty within six (6) months from the promulgation of this Revised IRR.
43.2 During the interim period of six (6) months, no person applying for license shall be charged of any delinquent payment accruing to the firearm subject for registration. The PNP shall conduct an intensive nationwide campaign to ensure that the general public is properly informed of the provisions of this Revised IRR.
43.3 The FED shall recommend to the e, PNP the policies and guidelines for the effective implementation of the Final General Amnesty.
Section. 44. Repealing Clause.
The existing IRR and all other rules, regulations, orders, memorandum circulars which are inconsistent herewith are hereby repealed or modified accordingly.
Section 45. Separability Clause.
If any provision of this Act or any part hereof is held invalid, the provisions not otherwise affected shall remain valid and subsisting.
Section 46. Effectivity.
This Revised IRR shall take effect after fifteen (15) days from its publication in the Official Gazette and its submission to the UP Law Center.
(SGD) RONALD M. DELA ROSA
Police Director General Chief, PNP