Title
PNP Policies on Firearms Possession and Carrying
Law
Pnp Memorandum Circular No. 2010-008
Decision Date
Jul 8, 2010
The PNP Memorandum Circular No. 2010-008 establishes rationalized policies for the possession, bearing, and carrying of firearms, emphasizing that firearm ownership is a government-granted privilege subject to strict regulations, including licensing requirements, restrictions on carrying firearms outside residences, and the promotion of gun-free zones.

Law Summary

Background and Context

  • Firearms possession and carrying is a privilege, not a right, conditioned by government regulations.
  • The proliferation of loose firearms has caused significant public safety threats, including violent crimes and suppression of electoral processes.
  • Coordinated national efforts such as the National Summit on Firearms Control and Executive Order No. 817 seek to control firearms.

Objective

  • To establish rationalized policies governing the possession, bearing, and carrying of firearms, enhancing public safety and regulatory efficiency.

General Policies on Firearms Licenses

  • All firearms licenses remain valid until expiration unless revoked or cancelled.
  • Existing permits to carry firearms outside residence (PTCFOR) issued before January 10, 2010, and suspended until June 9, 2010, are recognized until their expiration or earlier termination.

Possession of Firearms

  • Only Filipino citizens may apply for firearm licenses, excluding crew-served and military-class weapons.
  • Submission of a validated neuro-psychiatric evaluation, drug test report, and proof of attendance at a PNP-accredited gun safety seminar is mandatory.
  • The neuro-psychiatric test must be conducted or validated by authorized PNP personnel; drug testing by PNP Crime Laboratory; gun safety seminars by PNP or accredited gun clubs.
  • Ballistic testing and serial number stenciling by the Crime Laboratory is required every four years for license renewal.
  • Ownership of gun safety deposit boxes or similar secure storage is encouraged.

Bearing and Carrying Firearms Outside Residence

  • General prohibition on carrying firearms outside residence unless holder possesses a valid PTCFOR.
  • A holder may carry only one licensed short firearm with a PTCFOR at any given time.
  • Law enforcement officers (PNP, AFP, other LEAs) may carry licensed firearms in official duties while in uniform, with proper authorization and license.
  • Carrying government-issued firearms outside official duties or in civilian attire by LEAs requires special permits (PTCFOR-LEA) issued by Chief PNP with endorsements and certification.
  • Local chief executives (provincial governors, city/municipal mayors, barangay captains) retain rights to possess and carry firearms within their jurisdiction as prescribed by law.
  • Firearms carried under PTCFOR must be subject to ballistic testing or accompanied by certification thereof.
  • Certain high-ranking officials (President, Vice President, Justices, Cabinet Secretaries, legislators, LEA members) are exempt from needing proof of actual threat to apply for PTCFOR.
  • Specific guidelines on how firearms must be carried or concealed are prescribed to prevent unauthorized display.
  • Restrictions include prohibiting carrying firearms in places of worship, public entertainment venues, and other public or commercial locations.
  • PTCFOR is non-transferable and must be presented with corresponding licenses or permits.

Duties of Firearm Holders

  • Persons carrying firearms openly or outside permissible conditions must present appropriate licenses and permits upon request by law enforcement.

Promotion of Gun-Free Zones

  • The PNP shall actively promote establishment and enforcement of gun-free zones in critical areas, including schools, places of worship, business districts, and tourist spots.
  • Only law enforcement personnel on official duty and in prescribed uniform may bear firearms in these zones.
  • Regular permits to carry firearms outside residence are not valid within gun-free zones.

Administrative Sanctions

  • Carrying firearms outside residence without valid PTCFOR results in immediate license cancellation.
  • Violations including bringing firearms into prohibited places also cause license cancellation and invalidation of PTCFOR.
  • Habitual offenders face temporary or permanent disqualification from possessing or carrying firearms.
  • Upon discretion of the Chief PNP, cancellation or disqualification statuses may be reviewed or licenses reinstated or renewed subject to conditions.

Implementing Guidelines

  • The Civil Security Group and PTCFOR Secretariat are tasked to create operational guidelines for enforcement.
  • Police Community Relations Group and Public Information Office to sustain advocacy for gun-free zones.

Amendment and Effectivity

  • Previous directives inconsistent with this circular are modified.
  • The circular takes effect 15 days after filing at the University of the Philippines Law Center in compliance with the Revised Administrative Code.

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