Legal basis and controlling framework
- Executive Order No. 712 is anchored on Section 877 of the Revised Administrative Code, as amended.
- Section 877 of the Revised Administrative Code defines “firearm” to include air rifles, except air rifles of small caliber and limited range used as toys.
- Executive Order No. 712 recognizes that some air rifles/pistols can cause death or permanent maiming and can be used as tools by criminals.
- Executive Order No. 712 directs that the regulatory framework for firearms under the Revised Administrative Code applies to covered air rifles/pistols.
Policy and purpose statement
- Executive Order No. 712 identifies the proliferation and indiscriminate use of certain air rifles/pistols as a grave menace to society.
- Executive Order No. 712 links regulation to the maintenance of peace and order.
Criteria for firearm versus toy
- Section 1 directs the Chief, Philippine Constabulary to prescribe the criteria for determining whether an air rifle/pistol is a firearm or a toy under Section 877 of the Revised Administrative Code.
- Section 1 expressly ties the firearm/toy determination to the contemplation of Section 877.
Licensing coverage and covered activities
- Section 2 provides that licensing requirements for the manufacture, sale and/or possession, and/or dealership in firearms under the Revised Administrative Code apply to air rifles/pistols considered firearms under Section 1.
- Section 2 expressly includes dealership activities for air rifles/pistols that qualify as firearms.
Processing of applications and delegated authority
- Section 3 delegates to the Chief, Philippine Constabulary the authority to act dispositively on all applications to manufacture, sell and/or possess, and/or otherwise deal in air rifles/pistols.
- Section 3 covers applications even when the air rifles/pistols are treated as firearms or toys depending on the criteria prescribed under Section 1.
Implementing rules and approvals
- Section 4 requires the Chief, Philippine Constabulary to prescribe rules and regulations to implement the Order.
- Section 4 provides that the implementation rules are prescribed subject to the approval of the Minister of National Defense.
Repeal and amendment of inconsistent issuances
- Section 5 repeals or amends any Executive Order inconsistent with Executive Order No. 712.