Legal basis under firearms law
- Republic Act No. 10591 establishes the comprehensive legal framework on firearms and ammunition and penalties for violations.
- The memorandum’s approval mechanism relies on Section 7.13.6 of the Implementing Rules and Regulations of Republic Act No. 10591 dated May 29, 2013.
- The memorandum ties Mission Letter/Mission Order rules to authorization for carrying firearms relative to compliance with Republic Act No. 10591.
Covered persons and firearms carrying permission
- Government firearm holders are allowed to carry firearms outside of residence when they are covered by a Mission Letter/Order issued by an Authorized Official.
- Only LTO law enforcement services members are authorized to carry their issued firearms while on duty within their respective operations.
- Law enforcement members must return firearms after their tour of duty to the property custodian for safekeeping in the depository.
- For missions outside their official stations, LTO personnel may be allowed to carry their duly issued firearms only when covered by a MISSION ORDER stating the period and places covered.
Requirements for issuance of mission orders
- The bearer of a Mission Letter/Mission Order must sign an undertaking immediately below the signature of the issuing authority.
- The undertaking certifies that the bearer has read and fully understood the mission order’s contents and binds the bearer to strictly abide by and comply with its instructions.
- Only agents who are in the regular plantilla of the government agency involved in law enforcement and are receiving regular compensation may be issued a letter/mission order.
- A civilian agent must be included in a specific law enforcement/police/intelligence project proposal or special project that specifically requires firearms to ensure accomplishment.
- The civilian-agent firearms requirement must be supported by a project that is duly approved at the Police Regional Office level or its equivalent level in major services of the AFP and NBI, or at a higher level command.
Manner of carrying firearms
- Firearms must be carried only while in proper uniform as a general rule.
- A sidearm carried by a person in uniform must be placed in a holster securely attached to the belt.
- Personnel in uniform without holster must ensure firearms are concealed in a case/bag except during actual use for a legitimate purpose.
- Civilian personnel authorized to carry firearms outside residence must ensure the firearms are concealed in a case/bag except during actual use for a legitimate purpose.
- Fragrantly displaying a firearm or tucking it in the waist while in uniform or in civilian clothes is prohibited.
- Only firearms specifically described in the mission letter/orders may be carried by the concerned personnel.
Limitations and prohibited places
- Authorized persons shall not bring firearms to public drinking places.
- Authorized persons shall not bring firearms to cabarets.
- Authorized persons shall not bring firearms to public dance halls.
- Authorized persons shall not bring firearms to public amusement places.
- Authorized persons shall not bring firearms to a place of worship.
- Authorized persons shall not bring firearms to malls and markets.
- Authorized persons shall not bring firearms while attending civic, political and religious rallies and meetings.
Mission order duration and approvals
- Mission Letter/Mission Orders must cover a period sufficient to finish the mission, but in no case more than ten (10) days.
- Mission Letter/Mission Orders of Regional Directors and Assistant Regional Directors must be approved and evaluated by the undersigned.
- The memorandum requires strict compliance with the guidelines and processing requirements.
Publication, filing, effectivity, and signatory
- The memorandum is dated January 03, 2014.
- The memorandum is adopted on 03 January 2014.
- The memorandum is filed on 23 January 2014.
- The memorandum bears the signature of Atty. Alfonso V. Tan, Jr., Assistant Secretary.