Legal basis and related references
- The circular is anchored on Section 24(f), Republic Act No. 6975, establishing the Philippine National Police under the Department of the Interior and Local Government.
- It relies on 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 is aligned with Presidential Decree No. 1866, as amended by Republic Act No. 8294, which codifies laws on illegal/unlawful possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives (and imposes stiffer penalties).
- It incorporates guidance consistent with a Letter Directive titled “Guidelines in the Issuance of Permit to Carry Firearms Outside of Residence”, signed by PDDG UMBERTO A RODRIGUEZ (Chief, PNP).
- It builds on a Memorandum titled “Issuance of Permit to Carry Firearms Outside of Residence for Firearms Covered by Memorandum Receipts”, dated 30 October 1996, signed by PDG RECAREDO A SARMIENTO II (Chief, PNP).
- It references Chavez versus Romulo, G.R. No. 157036, 9 June 2004 and policy directions from Executive Order No. 256 (as amended) on rationalizing fees and charges for firearms-related transactions.
- It references Executive Order No. 817 and its implementing rules on the government’s intensified campaign against loose firearms.
- It also recognizes local-government authority under Republic Act No. 7160 (Local Government Code of 1991) and its implementing rules and regulations.
- It recognizes the role of Section 898, Revised Administrative Code, as amended by Act No. 2711.
Policy purpose and objective
- The circular clarifies specific conditions under PNP Memorandum Circular No. 2010-008 (dated July 8, 2010) on the possession, bearing and carrying of firearms outside residence.
- The circular maintains stricter firearms regulation to curb the proliferation of loose firearms in community circulation.
- The circular aims to enhance firearms regulation while ensuring that the performance of functions of government security forces is not hindered.
- The circular is part of a broader National Firearms Control Program initiative enhanced through national consultative summits on firearms control.
General requirements for possession and authorization
- Any person or entity must secure necessary authority to possess firearms from the Chief, PNP before desiring to possess a firearm.
- After securing authority to possess, the person must secure a permit to purchase firearms, and then obtain licensing for the procured firearm.
- All firearms, whether private or government-owned/issued (including those owned by the PNP, AFP, and other law enforcement agencies), must be registered with the PNP Firearms and Explosives Office (FEO) as the sole repository of all firearms records in the Philippines.
- All firearms registered with FEO must be issued corresponding licenses that are valid and effective until the expiration date, unless sooner revoked or cancelled.
- Any person intending to carry a firearm outside residence must possess the Permit To Carry Firearm Outside of Residence (PTCFOR) / Mission Order (MO) / Letter Order (LO) as required.
- The PTCFOR is issued by the Chief, PNP.
- Certain heads of agencies may issue mission orders and letter orders as provided by rules.
Possession conditions and firearms testing
- Only Filipino citizens who have authority to possess firearm(s) may file applications for license(s) for their procured firearm(s) of any type and/or caliber.
- Applications for license(s) must be filed provided the firearm(s) are not 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.
- The requirement for submission of a validated neuro-psychiatric evaluation report, drug test result, complete background investigation, and certificate of attendance to a gun safety seminar under PNP SOP No. 13 (as revised) is reaffirmed.
- The neuro-psychiatric test must be conducted by PNP Health Service NP personnel and PNP accredited NP Testing Centers and Evaluators (including Psychiatrists, Psychologists, and NP Screeners).
- The drug test must be administered by the PNP Crime Laboratory (CL), and the gun safety seminar must be handled by the PNP for that purpose.
- The validation of documentary requirements is done by PNP Health Service (HS) and FEO, for their respective certifications, through guidelines that establish an effective and efficient validation system.
- The complete background investigation must be jointly conducted by Local units (Municipal Police Station, Police Provincial Office, and Police Regional Office) and National Police Units/Offices.
- All licensed firearms must be test-fired for ballistics, and the make, caliber and serial number must be stenciled by CL every four (4) years.
- An application for renewal of firearm license or PTCFOR must include a certification from CL that the firearm was test-fired for ballistics and stenciled within the last four (4) years.
- Firearms licensees are required to have safety deposit boxes and/or storage in their residences for safeguarding their firearms.
Bearing and carrying outside residence
- Carrying firearms outside residence is prohibited as a general rule.
- If a person desires to carry outside residence, the person must apply for one (1) PTCFOR each for the number of licensed privately-owned firearms he has, except long firearms.
- Privately-owned short firearms outside residence are allowed only if the person holds a valid PTCFOR and carries only one (1) short firearm covered with PTCFOR at any one time outside residence.
- Members of the PNP, AFP, and other Law Enforcement Agencies (LEAs) may carry licensed privately-owned firearms while performing official duties and functions if they have:
- corresponding computerized firearms license card and PTCFOR, and
- corresponding MO/LO issued by duly constituted authorities.
- Government-issued firearms may be carried while performing official duties and functions if the bearer has:
- corresponding MR/ARE, and
- corresponding MO/LO issued by duly constituted authorities.
- When bringing government-issued firearms to and from residence and official station, members of the PNP, AFP, and other LEAs must have:
- corresponding MR/ARE, and
- corresponding MO/LO issued by duly constituted authorities.
- Government-issued firearms carried to and from residence and official station must be:
- concealed when the bearer is not in agency-prescribed uniform, and
- long firearms must be concealed in gun bags/containers when transported by bearers not in agency-prescribed uniform.
- For authorization to carry government-issued firearms outside residence or official station while wearing civilian attire, members of the PNP, AFP, and other LEAs must apply for a special permit classified as PTCFOR-LEA.
- The Police Regional Director or his AFP/other LEA equivalent must endorse to the Chief, PNP all applications for PTCFOR-LEA.
- Applications for PTCFOR-LEA must be accompanied by:
- the latest appointment order, and
- a certificate of non pending case issued for the purpose.
- PTCFOR-LEA must be issued only by the Chief, PNP and is valid only for five (5) years.
- Fees for filing applications for PTCFOR-LEA must be minimal and limited 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.
- MO/LO must be issued only by authorized heads of agencies/offices enumerated under the IRR of PD 1866, as amended, and only when issued:
- to personnel with plantilla position,
- within the territorial jurisdiction of the issuing authority, and
- for the duration of the mission.
- The entitlement of provincial governors, city mayors, municipal mayors, and punong barangays (Barangay Chairmen) to carry licensed firearms within their territorial jurisdictions is respected as guaranteed by the Local Government Code of 1991.
- When applying for PTCFOR, the following persons need not submit documents showing actual threat or imminent danger:
- President and Vice President of the Republic of the Philippines;
- Justices of the Supreme Court and the 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 must follow the listed uniform and concealment rules.
- For members of the PNP, AFP, and other LEAs:
- 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, who may carry firearms in shoulder holsters.
- When the agency-prescribed uniform does not include a holster, or when authorized to carry outside residence or official station in civilian attire, the firearm must be concealed unless actually used for a legitimate purpose.
- Displaying a firearm when not used for a legitimate purpose is prohibited.
- Flagrantly displaying a firearm in uniform or civilian attire is prohibited.
- Only firearms specifically described in corresponding MR/ARE or MO/LO, or PTCFOR-LEA may be carried.
- For all other persons (including LEAs in civilian attire):
- Display of firearm is prohibited; the firearm must always be concealed.
- The firearm must be secured inside a vehicle or motor cycle compartment.
- PTCFOR is non-transferrable.
- The firearm under PTCFOR must not be brought inside:
- places of worship,
- public drinking and amusement places, and
- all other commercial or public establishments.
- The PTCFOR must be carried together with the valid firearm license and the applicable MR/ARE or MO/LO.
- An expired, revoked, cancelled, or nullified firearms license automatically invalidates the corresponding PTCFOR.
Duty to present documents during bearing
- A person who openly bears or carries any firearm outside residence in civilian attire—either in plain view or in clear violation of the conditions under Paragraph 6 (subpar. g and h)—must present the license and the corresponding PTCFOR before a law enforcer who requests presentation.
Gun-free zones requirements and rules
- The PNP, through Police Regional Offices, Police Provincial Offices, City Police Offices and Stations, District Police Offices and Municipal Police Stations, must strongly advocate establishment of gun-free zones.
- Regional Directors, Provincial Directors, District Directors, and Chiefs of Police must continuously work with local government units to identify critical areas, including school zones, places of worship, commercial and business districts, and tourist spots, and must proactively encourage the declaration of gun-free zones.
- Regional Directors, Provincial Directors, and Chiefs of Police must exert optimal effort through their respective Peace and Order Councils toward enactment of local ordinances declaring identified areas as gun-free zones.
- The Chief, 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 these zones, subject to the circular’s conditions.
- Regular PTCFOR is not recognized and has no effect within declared gun-free zones.
Administrative sanctions for violations
- Carrying firearms outside residence without PTCFOR is absolutely prohibited.
- Once apprehended for carrying without PTCFOR, the act results in cancellation of the license.
- Bringing firearms covered with PTCFOR to prohibited places results in cancellation of the license.
- A cancelled firearms license automatically invalidates the corresponding PTCFOR.
- The apprehending unit or office report serves as the basis for FEO to initiate cancellation of the license.
- After cancellation, the licensee must surrender the firearm immediately to 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, the status of the ex-licensee may be restored, the license may be revived, or an expired license may be renewed, subject to discretion of the Chief, PNP or his duly authorized representative and subject to existing laws, rules, and regulations.
Implementation and amending clause
- The Civil Security Group, jointly with the PTCFOR Secretariat, must issue appropriate guidelines to implement the circular.
- The Directorate for Police Community Relations, jointly with the PCRG and the PIO, must issue necessary guidelines to sustain the PNP’s advocacy on declaration of gun-free zones.
- All prior issuances inconsistent with the circular are modified accordingly.
Issued effect date and adoption record
- The circular is adopted on January 16, 2011.
- The circular takes effect after 15 days from filing a copy with the University of the Philippines Law Center, consistent with the Revised Administrative Code of 1987 (Executive Order No. 292), as amended.