Title
Firearm possession ban during Martial Law
Law
General Order No. 6
Decision Date
Sep 22, 1972
General Order No. 6 establishes the Central General Staff of the Philippine Army, composed of various divisions, under the authority of the National Defense Act, with officers recommended by the Chief of Staff and approved by the President.

Legal basis and declared rationale

  • General Order No. 6 is issued pursuant to Proclamation No. 1081 dated September 21, 1972.
  • The order is grounded on the claimed existence of wanton destruction of live and property, widespread lawlessness and anarchy, and chaos and disorder.
  • The order links the emergency to alleged criminal conspiracy to seize political and state power by force and violence.
  • The order cites ongoing terroristic activities and assassination of innocent citizens and leaders of society.
  • The stated necessity is to restore tranquility and stability and secure the people from violence, injuries, and loss of lives by prohibiting unauthorized firearm keeping and carrying.

Core firearm prohibition and permitted possession

  • The order prohibits inhabitants of the country from keeping any firearm without a permit duly and legally issued for that purpose.
  • The order prohibits carrying a firearm outside the residence of the duly licensed holder.
  • No person shall keep, possess, or have a firearm outside his residence unless the person is duly authorized to keep, possess, or carry the firearm.
  • Possession is lawful only when the holder is duly authorized and the firearm remains within the limits of the order’s residence-based restriction.

Coverage and duration during emergency

  • The order directs that no person shall keep, possess, or carry any firearm outside his residence without authorization.
  • The order applies throughout the country as a consequence of the martial law declaration under Proclamation No. 1081 dated September 21, 1972.
  • The restrictions remain effective for the duration of the emergency and continue until otherwise ordered by the Commander-in-Chief or a duly designated representative.
  • Enforcement and releases are controlled by the Commander-in-Chief or a duly designated representative.

Arrest, custody, and release consequences

  • A person who violates the order shall be forthwith arrested and taken into custody.
  • The custody is for the duration of the emergency.
  • The person may be released only if ordered by the Commander-in-Chief or the duly designated representative.

Authority to modify or release

  • The order remains in force until otherwise ordered by the Commander-in-Chief.
  • The order’s operative restraints are also subject to change by a duly designated representative.
  • Releases from custody occur only upon an order from the Commander-in-Chief or a duly designated representative.

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