Policy, purpose, and legislative intent
- Republic Act No. 11766 fixes the validity period of (1) the permit to carry firearms outside of residence or place of business and (2) the licenses to possess firearms and the registration of firearms.
- Republic Act No. 11766 amends Republic Act No. 10591 to set fixed renewal intervals and consequences tied to timely renewal (Sections 1 and 2).
Changes to permit to carry (Section 7)
- Section 7 requires that a permit to carry firearms outside of residence be signed by the Chief of the PNP or a duly authorized representative and issued to a qualified person whose life is under actual threat or imminent danger due to the nature of the person’s profession, occupation or business.
- Section 7 states that the permit is valid for two (2) years from the date of the approval of the application, unless sooner revoked or suspended.
- Section 7 places the burden of proof on the applicant to prove the actual threat to life by submitting a threat assessment certificate.
- Section 7 requires the appropriate PNP unit to issue the threat assessment certificate within fifteen (15) days.
Threat assessment exemptions (imminent danger)
- Section 7 exempts the following persons from the requirement of a threat assessment certificate because they are considered in imminent danger due to the nature of their profession, occupation, or business:
- (a) Members of the Philippine Bar;
- (b) Certified Public Accountants;
- (c) Accredited Media Practitioners;
- (d) Cashiers, Bank Tellers;
- (e) Priests, Ministers, Rabbi, Imams;
- (f) Physicians and Nurses;
- (g) Engineers;
- (h) Businessmen exposed to high risk of being targets of criminal elements by the nature of their business or undertaking;
- (i) Elected incumbent and former officials; and
- (j) Active and retired military and law enforcement personnel.
Changes to renewal of licenses and registration (Section 19)
- Section 19 requires renewal of all licenses to possess a firearm (regardless of type or classification) every five (5) years or ten (10) years, at the option of the licensee.
- Section 19 provides that license renewal intervals are reckoned from the birthdate of the licensee, unless the license is sooner revoked or suspended.
- Section 19 provides that failure to renew a license on or before its expiration date causes the revocation of (1) the license and (2) the registration of the firearm(s) under that license.
- Section 19 requires renewal of the registration of the firearm every five (5) years or ten (10) years, at the option of the licensee, reckoned from the birthdate of the licensee, unless sooner revoked or suspended.
- Section 19 provides that failure to renew firearm registration on or before its expiration date causes revocation of the license of the firearm.
- Section 19 directs that the firearm shall be confiscated or forfeited in favor of the government after due process when registration renewal is not timely.
- Section 19 provides that failure to renew a license or registration within the periods stated above on two (2) occasions causes the perpetual disqualification of the holder from applying for any firearm license.
- Section 19 allows the renewal application to be submitted to the FEO of the PNP within six (6) months before the date of expiration of the license or registration.
Implementation, separability, and repeal
- Section 3 requires the Chief of the PNP to formulate implementing rules and regulations within ninety (90) days from the effectivity of Republic Act No. 11766.
- Section 3 provides that non-issuance of the implementing rules and regulations shall not prevent implementation of the Act upon its effectivity.
- Section 4 includes a separability clause: if any part, section, or provision is declared invalid or unconstitutional, the remaining sections or provisions remain valid and subsisting.
- Section 5 includes a repealing clause: all laws, decrees, ordinances, rules, regulations, or other issuances, or parts thereof, inconsistent with Republic Act No. 11766 are repealed or modified accordingly.