Legal basis and referenced issuances
- The Circular anchors its authority on Section 24 (f), Republic Act No. 6975, establishing the Philippine National Police.
- It incorporates and reaffirms firearm licensing standards under PNP Standard Operating Procedures No. 13 (“Licensing of Firearms”) dated 19 September 1991, as revised by PNP Standard Operating Procedures No. 13 dated 8 October 2008.
- It cites Presidential Decree No. 1866 (and its Implementing Rules and Regulations, as amended by Republic Act No. 8294) on illegal/unlawful possession and related offenses, and stiffer penalties.
- It references PNP directives and memoranda on permit-to-carry issuance outside residence, including Letter Directive “Guidelines in the Issuance of Permit to Carry Firearms Outside of Residence” and a memorandum dated 30 October 1996 on permit-to-carry outside residence for firearms covered by memorandum receipts.
- It references judicial guidance from Chavez versus Romulo, G.R. No. 157036, 9 June 2004, and the doctrine it cites.
- It references Executive Order No. 256 (as amended) on revising fees and charges on firearms and related items, including its Implementing Rules.
- It cites Executive Order No. 817 and its Implementing Rules on the government’s intensified campaign against loose firearms.
- It references provisions of Republic Act No. 7160 (Local Government Code of 1991) and its IRR regarding local officials’ entitlement to possess and carry firearms within their territorial jurisdictions.
- It references Executive Order No. 292, The Revised Administrative Code of 1987, for the filing and effectivity rule.
Policy objective and overarching framework
- The Circular establishes rationalized policies on the possession of firearms, and the bearing and carrying of firearms outside of residence.
- Firearms licensing and permits are treated as a privilege granted by the government, not a right secured by law.
- All firearms licenses and PTCFOR issued prior to 10 January 2010 that were suspended until 9 June 2010 are recognized as valid and effective until their expiration date unless earlier revoked, cancelled, terminated, or suspended according to the rules.
- The Circular is designed to enhance firearms regulation in the context of the national firearms control programs and intensified government efforts against loose firearms.
General rule on validity of licenses and PTCFOR
- Firearms licenses are recognized as valid and effective until their expiration date unless sooner revoked or cancelled.
- Permits to Carry Firearms Outside Residence (PTCFOR) issued prior to 10 January 2010 and suspended until 9 June 2010 are recognized as valid and effective until the expiration date unless earlier revoked, terminated, or suspended accordingly.
Firearms possession requirements
- Filipino citizens who want to possess firearms must file necessary applications for licenses of any type and/or caliber.
- Possession is conditioned on the firearms not being classified as crew-served weapons (CSWs), light anti-tank weapons (LAWs), light machine guns (LMGs), anti-tank and anti personnel recoilless rifles, bazookas, and the like.
- Submission of a validated neuro-psychiatric evaluation report, drug test result, and certificate of attendance to a gun safety seminar under PNP SOP No. 13 is reaffirmed.
- The neuro-psychiatric evaluation must be conducted by the PNP Health Service NP Personnel and PNP Accredited NP Testing Centers and Evaluators (including psychiatrists, psychologists and NP screeners), and the drug test must be administered by the PNP Crime Laboratory (CL).
- The gun safety seminar must be handled by the PNP or a registered gun club duly accredited by the PNP.
- Validation is required: the results and certifications must be validated by PNP Health Service (HS) and the Firearms Explosive Office (FEO), and the HS, CL, and FEO must issue guidelines establishing an effective and efficient validation system.
- Firearms licenses must be test-fired for ballistics, and their make, caliber and serial number must be stenciled by CL every four (4) years.
- Renewal of firearm license or PTCFOR must include a CL certification that the firearm was test-fired for ballistics and stenciled within the last four (4) years.
- Ownership of a gun safety deposit box, or similar storage, is encouraged.
Rules on carrying outside residence
- As a general rule, lawful holders of firearms are prohibited from carrying their firearms outside of residence.
- A person may apply for one (1) PTCFOR for each number of licensed privately-owned firearms he has, except long firearms.
- A person may carry a licensed privately-owned firearm outside residence only if the person holds a PTCFOR for that particular firearm.
- Only one (1) short firearm covered with PTCFOR can be carried at any one time outside residence by a person.
- Members of the PNP, AFP, and other LEAs may carry licensed privately-owned firearms in furtherance of official duties and functions only when they comply with all stated conditions, including:
- carrying while in agency-prescribed uniform;
- having a corresponding MO/LO issued by duly constituted authorities;
- carrying a computerized firearms license card; and
- carrying while in the actual performance of official duties and function.
- Members of the PNP, AFP and other law enforcement agencies wearing civilian attire and carrying outside residence without furtherance of official functions and duties must apply for a regular PTCFOR covering the firearm.
- Members of the PNP, AFP and other law enforcement agencies carrying government-issued firearms must comply with these conditions:
- carrying while in agency-prescribed uniform;
- carrying with the corresponding MR/ARE; and
- carrying while in actual performance of official duties and function.
- Members of the PNP, AFP and other law enforcement agencies who want to carry a corresponding government-issued firearm outside of residence or official station while wearing civilian attire must apply for a special permit classified as PTCFOR-LEA.
- For PTCFOR-LEA, the following rules govern issuance:
- the Police Regional Director or equivalent in the AFP and other law enforcement agencies must endorse applications to C, PNP;
- applications must be accompanied by the latest appointment order and a certificate of non pending case issued for the purpose;
- PTCFOR-LEA is issued only by the Chief, PNP;
- PTCFOR-LEA is valid only for one (1) year;
- fees for filing applications must be only the minimal amount corresponding to the actual administrative cost necessary for issuance as determined by the PTCFOR secretariat;
- PTCFOR-LEA must always be accompanied by the corresponding MR/ARE; and
- if carrying is in furtherance of official functions and duties, the corresponding MO/LO must be presented showing the definite purpose/objective and the specific period and place.
- The entitlement of provincial governors, city mayors, municipal mayors and punong barangays to possess and carry firearms within their territorial jurisdictions, as guaranteed by the Local Government Code of 1991, must be respected.
- Firearms covered by PTCFOR applications must be accompanied by a CL certification that the firearm was subjected to ballistic test within the validity of the license.
- Firearms covered by PTCFOR-LEA applications must be subjected to ballistic tests or accompanied by a CL certification that the firearm was subjected to ballistic test.
- The following persons need not submit documents showing actual threat or imminent danger when applying for PTCFOR:
- the President and Vice President of the Republic of the Philippines;
- Justices of the Supreme Court and Court of Appeals;
- Judges of lower courts;
- Cabinet Secretaries;
- Senators and Representatives of the House of Congress; and
- PNP/AFP, NBI, PCG, PDEA and members of other LEAs.
- The manner of carrying firearms is governed by specific uniform and concealment rules for PNP/AFP/LEA members, including:
- when carried in agency-prescribed uniform, firearms must be placed in a holster securely attached to the belt, except military pilots in flying uniforms and crew of armored vehicles may carry in shoulder holsters;
- when the agency-prescribed uniform does not include holster, or when authorized to carry outside residence/official station while in civilian attire, the firearm must be concealed unless actually used for a legitimate purpose;
- displaying a firearm for no legitimate purpose is prohibited; and
- flagrantly displaying, tucking at the waist, or inserting in the waistband while in uniform or civilian attire is prohibited;
- only firearms specifically described in corresponding MR/ARE, MO/LO, or PTCFOR-LEA shall be carried.
- For all other persons (including PNP/AFP/LEA members in civilian attire), firearms must be carried as follows:
- concealed in a hand luggage such as clutch bag, belt bag, gun case, or similar kits;
- displaying or tucking at the waist or inserting into the waistband or holster is prohibited; and
- the firearm must be secured inside a vehicle or motorcycle compartment.
- Additional carrying restrictions apply:
- PTCFOR is non-transferable;
- the firearm shall not be brought inside places of worship, public drinking and amusement places, and all other commercial or public establishments;
- PTCFOR must be carried together with the firearm license, MR/ARE, or MO/LO as the case may be; and
- an expired, revoked, cancelled, or nullified firearms license automatically invalidates the corresponding PTCFOR.
Duty to present authority on demand
- Any person who openly bears or carries a firearm outside residence in civilian attire in plain view or in clear violation of the carrying conditions must show the license and the corresponding PTCFOR before a law enforcer who requests presentation.
Gun-free zones and authorization limits
- The PNP, through its Police Regional Offices, Police Provincial Offices, City Police Offices and Stations, District Police Offices and Municipal Police Stations, must strongly advocate the establishment of gun-free zones.
- Regional Directors, Provincial Directors, District Directors, and Chiefs of Police must continuously work with their local government units to identify critical areas that may include school zones, places of worship, commercial and business districts, and tourist spots, and must proactively encourage the declaration of gun-free zones.
- RDs, PDs, and COPs must exert optimal effort through their respective Peace and Order Councils toward enacting local ordinances declaring identified areas as gun-free zones.
- The C, PNP must issue a directive implementing a “strictly no firearms rule” in declared gun-free zones.
- Only members of the PNP, AFP and other LEAs performing official duties and functions in agency-prescribed uniform are authorized to bear firearms in gun-free zones, subject to the Circular’s conditions.
- Regular PTCFOR has no effect within declared gun-free zones and is not recognized there.
Administrative sanctions and consequences
- Carrying firearms outside residence without PTCFOR is absolutely prohibited.
- Upon apprehension for carrying outside residence without PTCFOR, the offense results in cancellation of the license.
- Bringing firearms covered by PTCFOR to prohibited places results in cancellation of the license.
- When a firearms license is cancelled, the corresponding PTCFOR is automatically invalidated.
- The report submitted by the apprehending unit or office serves as the basis for FEO to initiate cancellation of the license.
- After cancellation, the licensee must surrender the firearm immediately to the FEO or the nearest police office.
- Habituality or recidivism in the prohibited acts may result in temporary or permanent disqualification to possess or carry firearms under existing PNP rules and regulations.
- Upon good cause shown, and subject to the discretion of C, PNP or the duly authorized representative, the status of an ex-licensee may be restored or a license may be revived, including renewal if already expired, subject to existing laws, rules, and regulations.
Implementation duties and amending clause
- The Civil Security Group, jointly with the PTCFOR Secretariat, must issue appropriate guidelines to implement the Circular’s provisions.
- The Directorate for Police Community Relations, jointly with PCRG and the PIO, must issue necessary guidelines to sustain the PNP’s advocacy on the declaration of gun-free zones.
- All prior issuances inconsistent with the Circular are modified accordingly.