Republic ofthe Philippines Departmeat ofthe Interior and Local Government NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE OFFICE OF THE CHIEF, PNP ‘Camp Crame, Quezon City STANDARD OPERATING PROCEDURE NO. 13 LICENSING OF FIREARMS. (Revised October 08, 2008) 1-GENERAL 1. Purpos firearms This SOP prescribes the procedure to be followed in the licensing of 2. Scope - This SOP applies to Filipino citizens only of at least 21 years of age and of good moral character; elective or appointive government officials and employees, active or retired personnel of the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), Bureau of Jail Management and Penology (BUMP), Bureau of Fire Protection (BFP) and Philippine Coast Guard (PCG): commissioned officers and enlisted Personnel of the Reserved Force of the AFP on inactive status; private firms, establishments or corporations; as well as government agencies or offices and government-owned or controlled corporations. 3. References - @ Sections 881, 887, 888, 893, 894 and 899 of the Revised ‘Administrative Code b. Executive Order No. 215, dtd 03 Dec 1965 Letter from the Executive Secretary to the Chief of Constabulary, dd 21 Jan 1966, clarifying Executive Order No. 215 Presidential General Order No. 7-8, dated 17 January 1973 e. Presidential General Order No. 7-C, dated 21 February 1973 Sections 3 and 6, Rules and Regulations Implementing Presidential Decree No. 1866, dtd 29 June 1983, g. EO 256 dtd 21 December 1995 as amended and its Implementing Rules and Regulations hh. Revised Rules on the Revocation of Firearm’s License dated September 11, 2006 II. KINDS OF FIREARM LICENSES: 1. Regular License (RL) - Issued to a private individual for his personally owned firearm, and to security agencies/company guard forces for firearms used by their security guards 2.__Long Regular License (LRL) - Issued to private firms, establishments or corporations for firearms to be used by their employees, not to include security guards. 3. Short Regular License (SRL) - For a private employee who was issued by his employer a firearm covered by LRL. 4. Special Permit (SP) - Issued to government officials and employees for privately owned firearms. 1635. Long Cerificate of Registration (LCR) - Issued to government agencies or offices and government-owned or controlled corporations for firearms to be used by their officials and employees, excluding security guards, 6. Short Certificate of Registration (SCR) - For a government official or ‘employee who was issued by his employer a firearm covered by LCR ll - NUMBER AND TYPE OF FIREARMS THAT MAY BE POSSESSED: 1, Each individual may hold under license a maximum of only one (1) low: Powered rifle caliber 22 or shotgun not heavier than 12 gauge and one (1) pistol or Fevolver, not higher than caliber .38, except caliber 357 and caliber .22 center fire magnum and those which may later be classified by the Chief, Philippine National Police (C, PNP) as high-powered regardless of the type, make or caliber. 2. Officers and enlisted personnel in the active service and in the retired list of the PNP, AFP, BJMP, BFP and PCG may hold under license a maximum of only one (1) low- powered rifle caliber 22 or shotgun not heavier than 12 gauge and one (1) sidearm of any type or caliber. 3. Commissioned officers and enlisted personnel in good standing of the Reserve Force of the AFP who are on inactive status may hold under license a maximum of only ‘one (1) low-powered rifle caliber .22 or shotgun not heavier than 12 gauge and one (1) sidearm not heavier than caliber 45, except caliber .357 and caliber .22 center fire magnum and those which may later be classified by the C, PNP as high-powered regardless of the type, make and caliber. IV - SOURCE OF FIREARMS: 1. Firearms may be procured/purchased from the following sources: a. Licensed firearm holder, through transfer or sale b. Licensed firearm dealers, through purchase c. Importation/Purchase abroad 2. Ifthe firearm was acquired through transfer or sale from a duly licensed holder. the firearm should be delivered by the transferor/vendor to the transferee/buyer only after the latter has secured the corresponding license. 3. The importation or purchase of firearms and ammunition abroad by individuals has been suspended by order of the President. V - REQUIREMENTS FOR LICENSING: All firearm license applicants, except private firms/establishments or corporations and government agencies or offices and government-owned or controlled corporations, shall submit neuro-psychiatric clearance issued by any licensed psychiatrist from a PNP- accredited Testing and Evaluation Center, Drug Test Clearance, and certificate of attendance to a gun safety seminar from the PNP or duly accredited gun clubs, or ‘government-accredited psychiatrist. In addition the following requirements shall be submitted:41. FOR REGULAR LICENSE (RL) a. PNP Form No. 2 b. Permit to purchase firearm and/or ammunition ©. Application for Firearm License 4. Information Sheet . Clearances from the Chief of Police and City/Municipal Court, and certificate of good conduct from the Mayor of the City/Municipality where he resides, f. Clearance from the Directorate for Intelligence or Regional Intelligence and Investigation Division (RIID) of the Police Regional Office 9. For licensed security agencies/company guard forces, only a, b, c and d ‘above will be accomplished before submission of application to SAGSD_ for completion of SAGSD requirements and processing of application h. Deed of Sale or Affidavit of Transfer, ifthe firearm will be acquired from a duly licensed holder. L ta= 1) Businessman - Certificate of Registration of Business or Business Permit and Income Tax Return (ITR). 2) Proprietor, Administrator or Lessee of Agricultural Land - Treasurer's Certificate showing the assessed value of the agricultural land. If the applicant is an administrator or lessee, he/she shall, in addition to the Treasurer's Certificate mentioned above, append to the application the Power of ‘Administration or Contract of Lease, 3) Professional ~ Current Professional License and Income Tax Return 4) OfficialiEmployee of Private Firm, Establishment or Corporation ~ Certificate from the employer, duly notarized, showing the position of the applicant and his monthly salary and Income Tax Return with BIR Form 2316 5) U.S. Amy or Navy Pensioner - Certificate or notice from the USVA as to the amount of pension being received, 6) Retired Government Employee - A copy of his retirement Papers and pension award, irrespective of the amount of the pension. 7) _ Veteran of the AFP on CDO Status - Copy of Special Order of Separation. 2. FOR LONG REGULAR LICENSE (LRL) ‘a. The same requirements as specified in sub-para 1a, b, c and d above However, the forms should be accomplished in the name of the private firm, establishment or corporation Certificate of Registration of Business or Business Permit Income Tax Retum Cover Letter or certificate from the owner/manager of the private firm, establishment or corporation stating the name and designation of the official/employee who will use the firearm (excluding security guards) e. Clearance from the PNP Directorate for Intelligence Drug Test of signatory on application aoe z3. FOR SHORT REGULAR LICENSE (SRL) a. The same requirement as specified in para 1a, b,c, d, e, and f above b. Certificate from the Owner/Manager of the private firm’ establishment or corporation that the applicant is the user of the firearm applied for which is covered by LRL (excluding security guards) ©. Copy of the LRL issued to the private firm, establishment or corporation 4, FOR SPECIAL PERMIT (SP) Permit to purchase firearm and/or ammunition Information Sheet Application of Firearm License Deed of Sale or Affidavit of Transfer, if the firearm will be acquired through transfer from a duly licensed holder. Hereunder are the requirements for the following personnel aoge Senators/Congressmen Current Oath of Office Officials/Empioyees of the Senate/House of Representatives @. Clearance from the PNP Directorate for Intelligence or RUD. b. Copy of Appointment attested by the Civil Service Commission. ©. Certificate of Duty Status issued by the Secretary of the Senate or House of Representatives Appointive Officials 2. Clearance from the PNP Directorate for Intelligence or RIID. b. Copy of appointment attested by the Civil Service ©. Certificate of Duty Status issued by the Head of Office Provincial Officials/Employees ‘a. Clearance from the PNP Directorate for Intelligence or RID. b, Copy of appointment attested by the Civil Service or Oath of Office in case of elected officials ©. Certificate of Duty Status issued by the Head of Office PNP/AFP/BJMPIBRP/PCG in the Active Service a. Copy of Order of Appointment, Commission or Enlistment. b. Certificate of Duty Status issued by the Head of Office Retired PNP/AFP/BJMP/BFP/PCG Personnel a. Copy of Special Order of Retirement b. If retired for three (3) years or more, clearance from the PNP Directorate for Intelligence or RIID Commissioned _Officers/Enlisted Personnel_in_the Reserve Force on a. Copy of General Order of Commission/Special Order of Enlistment 166b. Clearance from the PNP Directorate for Intelligence © Certificate of ADT from the CO of concerned Reserve Command for Enlisted Personnel 5. FOR GOVERNMENT AGENCIES OR OFFICES AND GOVERNMENT OWNED OR CONTROLLED CORPORATIONS APPLYING FOR LCR a. Permit to purchase firearm and/or ammunition b. PNP Form No. 3 - To be signed by the Department Secretary/Bureau Director or Head of Office with equivalent rank. ©. Application for Firearm License 4d. Approved Purchase Order @. Deed of Sale or Affidavit of Transfer, i the firearm will be acquired from ‘a duly licensed holder. f. Cover letter or certificate from the Department Secretary/Bureau Director or Head of Office with equivalent rank stating the name and designation of the official/employee who will use the firearm (excluding government security guards). g. Drug Test of signatory on application form 8. FOR GOVERNMENT OFFICIALS/EMPLOYEES APPLYING FOR SCR ‘a. PNP Form No. 3 - To be signed by the Department Secretary/Bureau Director or Head of Office with equivalent rank. Information Sheet Application for Firearm License Certificate of Duty Status from Head of Office Clearance from the PNP Directorate for Inteligence or RIID Copy of Appointment attested by the Civil Service or Oath of Office, in case of elective officials. 9. Certificate from the concerned government agency that applicant is the end-user of the firearm, VI - FILING OF APPLICATION: Application for firearm license may be filed directly to the PNP Firearms and Explosive Division (FED) or through the ProvincialiCity Police Directors by the applicant himself, Otherwise, he must append a duly accomplished and notarized authorization form, VIl- BALLISTIC TEST AND STENCIL 1. Each firearm shall be test-fired for ballistics, and the make, caliber and serial ‘number shall be stenciled for record purposes. 2. For applicants in Metro Manila, the firearms shall be test-fred and stenciled by FED. The Ballistic Test Report and Stencil Form shall be appended to the application before processing 3. In the provinces, the test-firing and stenciling shall be made in the Office of the Provincial/City Police Director concemed. The Ballistic Test Report and Stencil Form shall be appended to the application before same is forwarded to FED. VII - PROCESSING OF APPLICATION: 41. All applications to possess firearms shall be processed by FED in accordance with existing laws, policies and regulations. After approval, the Temporary License to Possess Firearm, shall be issued by Chief, FED PNP for Chief, PNP and shall be valid Until the issuance of the computerized license card Mae FDC -OSTOWER FFD “OCTOMER ION FED:2. In the case of Regular License (RL), Long Regular License (LRL), and Short Regular License (SRL), a firearm bond to cover the penalty cost in case of loss firearm, either from a surety company or from a duly authorized bank shall be posted by the applicant before the Temporary License to Possess Firearm is issued, 3. Subsequently, the computerized license for new application which is good for @ period of four (4) years and two (2) years for the renewal thereof shall be renewable at the birth month of the licensee. The license shall be renewed only upon submission by the licensee of the following documents: a. Affidavit that he/she has not committed any acts that will constitute a ground for revocation of license as contained in paragraph X thereof and that the firearm has not been involved in the commission of any crime b. Certificate of attendance to a gun safety seminar ©. Certificate of Duty Status for government officials/employees 4d. Firearm Bond IX - LICENSE FEES: 1. The Temporary License to Possess Firearm shall be released by FED only after the licensee has paid the annual license fees prescribed in Executive Order No. 256 as amended, as follows 9. Rifle Caliber 22 - P180.00 . Shotgun (all gauges) > 210.00 ©. PistoVRevolver Caliber 22 (Ordinary) = 240.00 4d. Pisto/Revolver Caliber 25; 32; .38; 380; 9mm; 7.65, 6.35; and Magnum 22 rim fire - 360.00 ©. PistovRev Caliber 357,40 41,44, .45; Magnum 22 center fire: - 400.00 HP Ries: = 800.00 g. License Card + 150.00 2. Since the computerized license is good for four (4) years for new application and two (2) years for the subsequent renewal, the fees will be multiplied depending on the number of years except for the license card which will be in the same amount. 3. In the case of SRL and SCR, the licensee need not pay the license fees, provided that the copy of the Official Receipt of payment of the license fees made by the holder of the LRL and LCR are attached to the application, and provided further that the license fees paid by the latter cover the same period of validity of the SRL and SCR. The applicant, though, has to pay for the cost of the license card. NOTE: The extension of the validity of firearm license to four (4) years shall be optional on the part of juridical entities. X. REVOCATION/TERMINATION OF LICENSE 1. A firearm license shall be revoked under any of the following causes’ a. Loss of firearm through negligence. b. Carrying of firearm outside of residence without the appropriate Permit To Carry issued by C, PNP or his authorized representative, ©. Carrying of firearms in prohibited places. FRDTG + CETERA REL “STORER PHD TNG “OCTORER RAT FED eOC TORR FED CTGOCTOBERD A4. Conviction by a competent court of a crime involving moral turpitude for any offense where the penalty carries an imprisonment of more than six (6) months or a fine of at least 1,000.00 . Unauthorized loan of firearm to another person {If government official or employee, dismissal for cause from the government service. g. Commission of crime where the firearm was involved. h. Submitting/supplying false statements/information in the application form or submitting spurious or fake documents with the application. i. Tampering and duplicating Serial Number of Firearms Licenses j, Death of the licensee, or loss of Filipino citizenship, or any of the qualifications required for licensing, k. Pendency of a criminal complaint before the Prosecutor's Office or case before the court for violation of the Revised Penal Code or any special law criminal in nature and revocation is recommended by the City | Director, Provincial Director, Regional Director or Director, CSG |. Other analogous cases and cases not herein mentioned that would warrant revocation of license to ensure public order and safety. 2. Guidelines and Procedures in the Revocation of License: ‘a. Upon receipt of a report from the licensee of a firearm, along with the affidavit of loss, the FED shall immediately cause the revocation of the license. Notice of revocation shall be disseminated by the FED to all PNP operating units for record purposes. Should the firearm be recovered, the unit or office which recovered the same shall conduct investigation to determine whether or not the firearm while loss was Used in the commission of any offense. The report and the firearm shall thereafter be forwarded to the FED for appropriate disposition, such as whether to release the firearm to the owner thereof under a new license or, if used in the commission of any offense, forfeit the same in favor of the Government b. The death of the licensee, if unknown to the FED, shall immediately be reported by any relative who is aware that the deceased has a licensed firearm. Upon receipt of the information, the FED shall verify its veracity and, if accurate, shall immediately cause the revocation of the license. If any heirs of the licensee would claim the firearm for and in his behalf, the FED shall determine the claimant's fitness to be a licensee of the firearm. If not, other heirs may be considered subject to the same requirement. jn all cases, however, the claim shall only be acted upon by the PNP after the appropriate settlement of the estate of the licensee has been made. In case of loss of Filipino citizenship ot of any of the required qualifications to possess a licensed firearm, along with the report why it was surrendered, shall be submitted to the FED for the cancellation of the license. ©. Carrying of firearms outside of residence without PTCFOR or bringing the same to places not covered by the PTCFOR is absolutely prohibited and the violation hereof shall ipso facto result in the cancellation of the license. For such purpose, the report submitted by the apprehending unit or office shall serve as basis for the cancellation of the license. ‘Once cancelled, the firearm, if recovered shall be surrendered immediately to the FED or police office nearest to the residence of the licensee. Upon good cause shown and subject to the discretion of the Chief, PNP or his authorized representative, the license may be revived or, if already expired, a renewal thereof could be made subject to existing laws, rules and regulationsOT 4. The cancellation of firearm license of a licensee who has been convicted by the court of a crime involving moral turpitude where the penalty imposed is imprisonment for more than six (8) months or a fine of at least P 1,000.00, or both, shall immediately be implemented upon being furnished with a copy of the court's decision. The fact that the licensee filed an appeal with a higher court or was admitted to Probation is of no moment and will not affect the cancellation of the privilege. Upon the cancellation of the license, the firearm shall be surrendered to the FED or the police office nearest to the residence of the licensee. However, if acquitted on appeal, the firearm shall be restored to its owner subject to the renewal of his license under existing Tules and regulations. The extinction of criminal liability due to any of the causes mentioned in Article 89 of the Revised Penal Code shall not, restore the privilege @. Loaning of licensed firearms, whether between and among members of law enforcement organizations, like the PNP, NBI, etc. civilian organizations, like gun clubs, regardless of the purpose is absolutely Prohibited. A licensed firearm shall, at all times, for the personal use of the licensee only and in no case said firearm shall be used or in the Possession of another person. A licensed firearm recovered from a person other than the licensee thereof shall immediately be confiscated and its license nullified accordingly, without prejudice to the filing of appropriate criminal complaint as warranted by evidence. The confiscated firearm shall be forfeited in favor of the Government regardless whether the person from whose possession the same was recovered is held criminally liable or not. Unless the licensee thereof is able fo prove. that the firearm was in the possession of another person without his negligence or fault and he has made the appropriate report for its want and lost, then he could apply for the recovery thereof at FEG-CSG. 1. The dismissal of a government official or employee for cause miltates against his fitness to remain a licensee of a firearm. As such, upon the rendition of a decision dismissing him from the government service, the cancellation of license shall also be made regardless whether a motion for reconsideration or appeal, as the case may be, has been filed Hence, it is incumbent upon the licensee to immediately surrender his firearm to the FED or the police office nearest to his residence. The fact that the licensee filed an appeal or a motion for reconsideration of the adverse decision is of no moment and will not stay the cancellation of the privilege. Upon the cancellation of the license, the firearm shall be surrendered to the FED or the police office nearest to the residence of the licensee. However, if exonerated on appeal, the firearm shall be restored to its owner subject to the renewal of his license under existing ‘ules and regulations, The extinction of administrative liability shall not result in the restoration of the privilege. 9. Where a licensed firearm had been used or involved in the commission of a crime, whether directly or indirectly, its license shall be immediately cancelled. Thereafter, the police unit which took custody of the firearm as evidence shall tum-over the same to the FED if not anymore needed in any criminal proceeding. The nor-fing of a criminal complaint against the licensee will not bar the cancellation of the license. fh. The firearm ticense of a person with a pending criminal case for violation of the Revised Penal Code or any special law shall also be cancelled. During the pendency of the case the firearm shall remain in the custody of the court or any other authorized government agency Upon the dismissal of the case, the court then will turn-over the firearm 170to FED-CSG. Inthe event, however, that the licensee is cleared by the Prosecutor's Office or acquitted by the court, the nenawial of the license cred be facilitated subject to existing requirements for such purpose Gnd the subject firearm will be retuned to licensee, i. The cancellation of firearm’s license shall carry with it the revocation of the PTCFOR. A PTCFOR, on the other hand, can be cancelled for Volation of any of the conditions imposed for its issuance or as seen fit thd warranted by the Chief, PNP in the interest of peace and order, ‘and to ensure public safety and security, 3. Upon the death or legal disability of the holder of a firearm, it shall be the duty of the nearest relative, legal representative or any person who shall knowingly come into possession of such firearm or ammunition, to deliver the same to the ProvinciallCity Police Director in the province or to C, FED in Metro Manila within ninety (90) days and such frearm and ammunition shall be retained pending issuance of a license therefore in accordance with law. ‘4, In case of the loss of a firearm held under Special Permit (SP), Certificate of Registration (CR), or Short Certificate of Registration (SCR), it shall be the duty of the Department Secretary/Bureau Director or Head of Office with equivalent rank to immediately notify the C, PNP thereof. It shall be his duty to require any holder of firearm Under SP, CR or SCR in his Department/Bureau or Office to surrender or otherwise ‘account for the firearm before the holder thereof resigns, retires, or otherwise severs his connection with the government. 5. For holders of firearms under Short Regular License (SRL), it shall be the duty of the employer (holder of LRL) to immediately notify the C, PNP when the firearm holder resigns, retires, or otherwise severs his connection with the private firm, establishment or corporation, and to immediately recall the firearm covered by the SRL, XI - RESCISSION: All procedures and policies not in conformity with this SOP are hereby rescinded or modified accordingly. Xi - EFFECTIVITY: This SOP shall take effect immediately FED IG + OTDM RDIAT FED TG “OSTOMER FED TG “ACTOR PD OCTORER FD TOTO