QuestionsQuestions (DOLE DEPARTMENT ORDER NO. 129, S. 2013)
It is unlawful, for purposes of sale, to import, buy, otherwise acquire, dispose of, possess, or have the custody of covered firearms, and also to import/buy/acquire/dispose/possess any ammunition or detached parts for such weapons, unless the person first secures the required license, pays the license fee, executes the bond, and otherwise complies with the Act and implementing rules.
“Firearm” is interpreted to mean all weapons mentioned in Section 1 (rifle, musket, carbine, shotgun, revolver, pistol, and the air ride/air rifle as described), and the barrel of any one of same is also considered a firearm.
Yes, but only air rifles of small caliber and limited range used as toys are treated as exceptions under Section 1 (i.e., not covered by the prohibition in the same way as deadly weapons capable of discharging bullets/balls/shut/shells/missiles by gunpowder or explosives).
A dealer must apply to the Governor-General for a license, provide facts about the amount of business and classes of arms/ammunition to be purchased and sold, and other information requested. If approved, the Governor-General specifies the bond amount and license effective period; the dealer must execute and have approved a bond.
The Governor-General may authorize storage in the custody of the Director of Constabulary, who issues receipts by description for firearms/ammunition held subject to the owner’s call, and similar receipts are required upon return. The Director may collect a reasonable charge subject to Secretary of Commerce and Police approval.
The Governor-General may revoke the license anytime. If revocation is not due to breach of license terms or laws/regulations, a proportionate refund of the license fee paid is allowed based on unexpired time; if due to breach, no refund is returned. Upon revocation, all arms in the licensee’s possession must be turned in to the Bureau of Constabulary for safe-keeping.
They must apply for and secure a new license. Also, the collector of customs cannot clear the shipment until the dealer reports the amount and class to the Director of Constabulary and secures Governor-General approval for clearance.
A dealer may not sell or deliver any firearm/ammunition (or firearm part) to a purchaser until that purchaser obtains the required license to possess under the Act. Violations can lead to fine up to PHP 2,000 or imprisonment up to 2 years, or both.
Dealers must keep complete and accurate records of importations and sales, including the purchaser’s name, age, residence, occupation, post-office address, purchaser’s license number, the firearm number and date, and the amount/character of ammunition purchased for each firearm. Refusal to comply allows the Director of Constabulary to request examination; refusal constitutes a breach of the bond condition.
An individual must apply for a personal license to possess specified firearm(s) and ammunition. Before receiving the license, the applicant must make a cash deposit in the postal savings bank of PHP 100 per firearm or, in lieu, give a bond payable to the Government in PHP 200 per firearm.
Yes. Persons who are actually members of duly formed and organized gun clubs at the time of passage of the Act and who already have a license to possess firearms are not required to make the deposit or give the bond; their existing bond continues as security for safe-keeping of the arms.
If the applicant is a resident of the city of Manila, the application is directed to the chief of police of Manila; if in a province, it is directed to the provincial governor, which forwards it to the senior inspector of Constabulary, and then through official channels to the Governor-General.
If changing domicile (Manila to province, province to Manila, or province to another province), the holder must notify the Director of Constabulary within ten days by registered mail, or notify the senior inspector or chief of police as applicable, who will transmit the information. Violation may lead to revocation.
If there is noncompliance with laws/regulations or license terms, or if a licensed firearm is lost and proof is produced to the satisfaction of the Governor-General, the certificate of deposit is ordered forwarded to the Insular Treasurer for collection. After collection, the funds go to general funds, except as otherwise provided (including potential refunds upon recovery or certain circumstances).
The license becomes null and void. The nearest relative/legal representative/other person who knowingly comes into possession must forthwith deliver the firearm and ammunition to the senior inspector of Constabulary in the province or the Director of Constabulary in Manila for retention pending issuance of a new license.
It is unlawful to carry concealed about one’s person any bowie knife, dirk, dagger, kris, or other deadly weapon. The prohibition does not apply to firearms possessed by persons who have secured the required license or are entitled to carry same under the Act.
They must, upon landing, deposit firearms/ammunition with the collector of customs, who (if the Governor-General approves the importation) transmits them to the Bureau of Constabulary for safe-keeping until a possession license is obtained or until departure. Tourists/temporary visitors may deposit with the customs collector until departure.
Upon conviction, a person may be punished by a fine not exceeding PHP 500 or imprisonment not exceeding six months, or both, at the court’s discretion. Additionally, the Governor-General may seize firearms/ammunition and, through proper proceedings, they may be declared forfeited to the Insular Government.