licensing

[juniorkilat]

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MANILA, Philippines - A new law that imposes stricter requirements on gun ownership was signed by President Aquino on Wednesday.
The President also signed a law allowing prisoners new deductions from jail time for good behavior.
The new gun law, Republic Act 10591, also known as the Comprehensive Firearms and Ammunition Regulation Act, recognizes the right of qualified citizens to self-defense through the use of firearms, under certain circumstances.
Among the salient features of the new law are the standards and prerequisites for the issuance of a license to own and possess a firearm, deputy presidential spokesperson Abigail Valte said yesterday.
The standard requirements for an applicant for a gun license should be a Filipino citizen; at least 21 years old; and has gained full work occupation or business or has filed an income tax return for the preceding year as proof of income, profession, business or occupation.
In addition, the applicant must submit certifications issued by appropriate authorities attesting, among others, that he or she has not been convicted of any crime involving moral turpitude; passed the psychiatric test administered by a Philippine National Police-accredited psychologist or psychiatrist; passed the drug test conducted by an accredited and authorized drug testing laboratory or clinic; and passed a gun safety seminar administered by the PNP or a registered and authorized gun club.

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The other requirement is that the applicant should not have been convicted, or is currently an accused, in a pending criminal case for a crime punishable with a penalty of more than two years.
The applicant must also file in writing the application to possess a registered firearm stating personal circumstances. The applicant should also present a clearance from the city or municipal police office.
The applicant must also pay the reasonable gun licensing fees.

Who are permitted to carry guns

The new law also has a provision for carrying firearms outside of residence or place of business and gun owners must have a permit to carry (PTC) firearms.
A qualified person may apply for a PTC if he or she is under actual threat or is in imminent danger due to the nature of his or her profession, occupation or business.
The law specifies professionals who are considered to be in imminent danger due to the nature of their profession, occupation or business.
They include lawyers or members of the Philippine Bar, certified public accountants, accredited media practitioners, cashiers, bank tellers, priests, ministers, rabbis and imams, physicians, nurses, and engineers.
Businessmen who, by nature of their business or undertaking, are exposed to the high risk of being targets of criminal elements are also allowed to apply for PTC.
Section 10 of Republic Act 10591 also specifies the firearms that may be registered, Valte said. Only small firearms may be registered by licensed citizens or licensed juridical entities for ownership, possession and concealed carrying.
A light weapon shall be lawfully acquired or possessed exclusively by the Armed Forces of the Philippines, the PNP and other law enforcement agencies authorized by the president in the performance of their duties. All firearms must be registered with the PNP.
Firearms for use in sports and competitions also require licensing.
Firearm and ammunition manufacturers must also apply for licenses, Valte said.
Both locally manufactured and imported firearms must also be registered as mandated by the new law.
Gun stores are also required to have a license based on the new law for the purchase and sale of guns, as well as general business in handling firearms and ammunitions.
Gunsmiths must also apply for a license for them to repair registered firearms.
The new law also requires gun owners to renew their licenses every two years on or before the date of expiration. If they fail to renew their licenses, the PNP will revoke them and this means confiscation of the firearm.
The registration of the firearm shall be renewed every four years. Failure to renew the registration of the firearm on or before the date of expiration shall cause the revocation of the license of the firearm. The firearm shall be confiscated or forfeited in favor of the government.
Failure to renew a license or registration within the periods mandated by the new law on two occasions shall cause the holder of the firearm to be perpetually disqualified from applying for any firearm license.
The application for the renewal of the license or registration may be submitted to the Firearms and Explosives Office (FEO) of the PNP within six months before the date of the expiration of such license or registration.
The new law will take effect 15 days from its publication in a newspaper of nationwide circulation.

Penalties

The PNP chief, through the FEO, shall issue licenses to qualified individuals and to cause the registration of firearms.
The Secretary of the Department of the Interior and Local Government (DILG) will issue permits in the case of an application for a license to manufacture; and the PNP chief in the case of a license to deal in firearms and firearms parts, ammunition and gun repair.
The PNP chief or his authorized representative shall require the submission of reports, and inspect or examine the inventory and records of a licensed manufacturer, dealer or importer of firearms and ammunition during reasonable hours.
The unlawful acquisition, possession of firearms and ammunition shall be penalized with prision mayor (six years and one day to 12 years in prison) to reclusion perpetua (maximum of 40 years’ imprisonment) depending on the circumstances of the offense.
The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws, would be considered as an aggravating circumstance under certain conditions.

BASIC FIREARMS LAWS, RULES AND REGULATIONS

2. Applicable provisions of Republic Act No. 8294Section 1 of Presidential Decree No. 1866 as amended, is hereby further amended to read as follows:
   “Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunitions – The penalty of prision correccional in its maximum period and a fine of not less that Fifteen Thousand pesos(P15,000.00) shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose or possess any low-powered firearm such as rim fire handgun, 380 or 32 and other firearm of similar firepower, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided that no other crime was committed.”
   “The penalty of prision mayor in its minimum period and a fine of Thirty Thousand pesos (30,000.00) shall be imposed if the firearm is classified as high-powered firearm which includes those with bores bigger in diameter that .38 caliber and 9 millimeter such as caliber 40, 41,44, 45 and also lesser calibered firearms but considered powerful such as caliber 357 and caliber .22 center fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided however, That no other crime was committed by the person arrested.”
3. Applicable provisions of Republic Act No. 8294Section 2. Presidential Decree No. 1866. Presumption of illegal Manufacture of Firearms or Ammunition – The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition.
   Section 7. Presidential Decree No. 1866. Unauthorized issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence – The penalty of prision correccional shall be imposed upon any person, civilian or military, who shall issue authority firearm and/or ammunition outside of residence, without authority therefore.
   “Firearm” as herein used, includes rifles, muskets, carbines, shotguns, revolvers, pistols and all other deadly weapons from which a bullet, ball, shot, shall or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles and air pistols not classified as toys under the provisions of Executive Order No. 712 dated 28 July 1981. The barrel of any firearm shall be considered a complete firearm.
   “Ammunition” - refers to loaded shells for rifles, muskets, carbines, shotguns, revolvers, pistols and other firearms from which a bullet, ball, shot, shall or other missile may be fired by means of gunpowder of explosives.
   ”Permit To Carry Firearm Outside of Residence” - is written authority issued to any person by the Chief of Constabulary which entitles such person o carry his licensed or lawfully issued firearms outside of residence for the duration and purpose specified therein.
   “Residence” – refers to that place where the firearm and ammunition is being permanently kept. It includes the office or house where it is kept and premises of the house enclosed by walls and gates separating said premises from adjacent properties. For firearms covered by a Regular License or Special Permit their residence shall be hat specified in the license or permit; and those covered by a Certificate of Registration or a Memorandum Receipt their residence in the office/station to which the grantee belongs.
   

NUMBER AND TYPES OF FIREARMS THAT MAY BE POSSESSED

2. Each individual may hold under license a maximum of only one (1) low-powered rifle caliber 22 or shotgun not heavier than 12 gauge and one (1) pistol or revolver, not higher than caliber .38 except caliber .357 and caliber .22 center fire magnum and those which may later be classified by the Chief, Philippine National Police (C, PNP) as high-powered regardless of the type, make or caliber.
3. Officers and non-commissioned police officers enlisted personnel in the active service and in the retired list of the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) may hold under license a maximum of only one (1) low powered rifle caliber .22 or shotgun not heavier than 12 gauge and one (1) sidearm of any type or caliber.
4. Commissioned Officers in good standing of the Reserve Force of the AFP who are on inactive status may hold under license a maximum of only one (1) low-powered rifle caliber .22 or shotgun not heavier than 12 gauge and one (1) sidearm not heavier than caliber .45, except caliber .357 and caliber .22 center fire magnum and those which may later be classified by the C, PNP as high-powered regardless of the type, make and caliber.
   

LEGAL SOURCES OF FIREARMS

2. Firearms may be procured/purchased from any of the following sources:
   
   1. Licensed firearm holder, through transfer or sale
   2. Licensed firearm holder, through purchase
   3. Importation/Purchase Abroad
   
   
3. If the firearm was acquired through transfer or sale from a duly licensed holder, the firearm should be delivered by the transfer/vendor to the transferee/buyer only after the latter has secured the corresponding license.
4. The importation or purchase of firearms and ammunition abroad by individual has been suspended by order of the President (SOP Nr 13 dated September 19, 1991).
   c. General Policies on Possession of Firearms by Diplomats
   SUBJECT: Possession of Firearms by Diplomats in the Philippines
   TO: Chief Philippine Constabulary
   Camp Crame, Quezon City
   
   1. Authority:
      
      1. Sections 887 and 888, Revised Administrative Code.
      2. G. O. 7-B, SOP dated 17 January 1973.
      
      
   2. Purpose: This letter prescribes the guidance in the possession of firearms by diplomats in the Philippines.
   3. Definition: Diplomats shall include ambassadors, consuls, ministers, attaches and secretaries of foreign mission in the Philippines including representatives of the United Nations.
   4. General Policies on Firearms:
      
      1. Under our present laws, the possession of firearms by foreigners shall be in accordance with pertinent rules and regulations promulgated by competent authority
      2. BASIC FIREARMS LAWS, RULES AND REGULATIONS
         
         
         2. Applicable provisions of Republic Act No. 8294Section 1 of Presidential Decree No. 1866 as amended, is hereby further amended to read as follows:
            “Section 1. Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of Firearms Ammunition or Instruments Used or Intended to be Used in the Manufacture of Firearms or Ammunitions – The penalty of prision correccional in its maximum period and a fine of not less that Fifteen Thousand pesos(P15,000.00) shall be imposed upon any person who shall unlawfully manufacture, deal in, acquire, dispose or possess any low-powered firearm such as rim fire handgun, 380 or 32 and other firearm of similar firepower, part of firearm, ammunition or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition: Provided that no other crime was committed.”
            “The penalty of prision mayor in its minimum period and a fine of Thirty Thousand pesos (30,000.00) shall be imposed if the firearm is classified as high-powered firearm which includes those with bores bigger in diameter that .38 caliber and 9 millimeter such as caliber 40, 41,44, 45 and also lesser calibered firearms but considered powerful such as caliber 357 and caliber .22 center fire magnum and other firearms with firing capability of full automatic and by burst of two or three: Provided however, That no other crime was committed by the person arrested.”
            
         3. Applicable provisions of Republic Act No. 8294Section 2. Presidential Decree No. 1866. Presumption of illegal Manufacture of Firearms or Ammunition – The possession of any machinery, tool or instrument used directly in the manufacture of firearms or ammunition, by any person whose business or employment does not lawfully deal with the manufacture of firearms or ammunition, shall be prima facie evidence that such article is intended to be used in the unlawful/illegal manufacture of firearms or ammunition.
            Section 7. Presidential Decree No. 1866. Unauthorized issuance of Authority to Carry Firearm and/or Ammunition Outside of Residence – The penalty of prision correccional shall be imposed upon any person, civilian or military, who shall issue authority firearm and/or ammunition outside of residence, without authority therefore.
            “Firearm” as herein used, includes rifles, muskets, carbines, shotguns, revolvers, pistols and all other deadly weapons from which a bullet, ball, shot, shall or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles and air pistols not classified as toys under the provisions of Executive Order No. 712 dated 28 July 1981. The barrel of any firearm shall be considered a complete firearm.
            “Ammunition” - refers to loaded shells for rifles, muskets, carbines, shotguns, revolvers, pistols and other firearms from which a bullet, ball, shot, shall or other missile may be fired by means of gunpowder of explosives.
            ”Permit To Carry Firearm Outside of Residence” - is written authority issued to any person by the Chief of Constabulary which entitles such person o carry his licensed or lawfully issued firearms outside of residence for the duration and purpose specified therein.
            “Residence” – refers to that place where the firearm and ammunition is being permanently kept. It includes the office or house where it is kept and premises of the house enclosed by walls and gates separating said premises from adjacent properties. For firearms covered by a Regular License or Special Permit their residence shall be hat specified in the license or permit; and those covered by a Certificate of Registration or a Memorandum Receipt their residence in the office/station to which the grantee belongs.
            
         
         NUMBER AND TYPES OF FIREARMS THAT MAY BE POSSESSED
         
         
         2. Each individual may hold under license a maximum of only one (1) low-powered rifle caliber 22 or shotgun not heavier than 12 gauge and one (1) pistol or revolver, not higher than caliber .38 except caliber .357 and caliber .22 center fire magnum and those which may later be classified by the Chief, Philippine National Police (C, PNP) as high-powered regardless of the type, make or caliber.
            
         3. Officers and non-commissioned police officers enlisted personnel in the active service and in the retired list of the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP) may hold under license a maximum of only one (1) low powered rifle caliber .22 or shotgun not heavier than 12 gauge and one (1) sidearm of any type or caliber.
            
         4. Commissioned Officers in good standing of the Reserve Force of the AFP who are on inactive status may hold under license a maximum of only one (1) low-powered rifle caliber .22 or shotgun not heavier than 12 gauge and one (1) sidearm not heavier than caliber .45, except caliber .357 and caliber .22 center fire magnum and those which may later be classified by the C, PNP as high-powered regardless of the type, make and caliber.
            
         
         LEGAL SOURCES OF FIREARMS
         
         
         2. Firearms may be procured/purchased from any of the following sources:
            
            
            1. Licensed firearm holder, through transfer or sale
               
            2. Licensed firearm holder, through purchase
               
            3. Importation/Purchase Abroad
            
            
         3. If the firearm was acquired through transfer or sale from a duly licensed holder, the firearm should be delivered by the transfer/vendor to the transferee/buyer only after the latter has secured the corresponding license.
            
         4. The importation or purchase of firearms and ammunition abroad by individual has been suspended by order of the President (SOP Nr 13 dated September 19, 1991).
            c. General Policies on Possession of Firearms by Diplomats
            SUBJECT: Possession of Firearms by Diplomats in the Philippines
            TO: Chief Philippine Constabulary
            Camp Crame, Quezon City
            
            
            1. Authority:
               
               
               1. Sections 887 and 888, Revised Administrative Code.
                  
               2. G. O. 7-B, SOP dated 17 January 1973.
               
               
            2. Purpose: This letter prescribes the guidance in the possession of firearms by diplomats in the Philippines.
               
            3. Definition: Diplomats shall include ambassadors, consuls, ministers, attaches and secretaries of foreign mission in the Philippines including representatives of the United Nations.
               
            4. General Policies on Firearms:
               
               
               1. Under our present laws, the possession of firearms by foreigners shall be in accordance with pertinent rules and regulations promulgated by competent authority