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(NAR) VOL. 29 NO. 1/ JANUARY - MARCH 18
a. Section 3 (z), Article 1 of R.A. No. 10591 (Comprehensive Firearms and
Ammunition Regulation Act of 2013);
b. Section 3.55, Rule 1 of the IRR of R.A. No. 10591;
c. Section 44, IRR of R.A. No. 10591
d. Section 35 (a) (6) of R.A. No 6975 (The DILG Act of 1991);
e. NAPOLCOM Resolution No. 2016-247;
f. Presidential directive No. 2017-0189 re “Regulating the Selling of Firearm
Bullets;
g. D, LS Memorandum dated April 24, 2017;
h. PRRD’s Directive on streamlining licenses and permits processes in all government offices; and
i. Approved Revision of Fees Committee Resolution dated September 14,
2014.
2. BACKGROUND:
A Permit to Transport Firearm refers to a written authority issued to a licensed citizen or entity by the Chief of the PNP or by a Regional Director which entitles such person or entity to transport a particular firearm, firearms parts, accessories, and ammunition from and to a specific location within the duration and purpose in the authority. While the said permit mainly involves transport of firearms, the Chief, PNP has the authority to promulgate policies and guidelines for the effective implementation of the Implementing Rules and Regulation (IRR) of R.A. No 10591.
The transport of firearms, firearms parts, accessories, and ammunition is an essential and vital activity within the firearms industry, thus, the need for the issuance of Permit to Transport. Having been classified as regulated items, the transport thereof must be properly supervised, monitored, and recorded.
Whether applied for by, and issued in favor of, an individual or juridical entity, a PTTFA is patently a separate and distinct permit as contradistinguished with a Permit to Carry Firearms Outside Residence (PTCFOR). The transport thereof is limited and confined to pre-determined routes (point of origin and destination) and fixed dates.
Relatedly, the Philippine National Police (PNP), through the Firearms and Explosives Office (FEO), has been mandated by Republic Act No. 10591, otherwise known as “The Comprehensive Law on Firearms and Ammunition and Providing Penalties for Violations Thereof” and it’s IRR to issue permit to transport firearms, firearms parts, accessories, and ammunition. In the effort to streamline the issuance of PTTFA in the Regions, the authority to issue said permit had been delegated to the Chief, Regional Civil Security Unit (Chief, RCSU) within his AOR only pursuant to NAPOLCOM Resolution No. 2016-247 “Activation of Regional Civil Security Units”. This set-up, however, fails to address a situation wherein firearms are transported from one region to another since the authority of the C, RCSU or even the Regional Director, Police Regional Offices (RD, PRO) is coextensive with his territorial jurisdiction.
This PNP Memorandum Circular (MC) prescribes the guidelines, rules and regulations in the application, processing, approval, and issuance of Permit To Transport Firearms, firearms parts, accessories and ammunition (PTTFA) to: (1) Armed Forces of the Philippines (AFP), PNP, Law Enforcement Agencies (LEAs) as to their personal firearms; (2) Manufacturers and Dealers; (3) Private Security Agencies, Company Security Units, Private Detective Agencies, and Accredited Armored Vehicle Security Providers; and (4) individuals who opt to surrender/deposit their firearm to the PNP.
4. DEFINITION OF TERMS:
a. Permit to Transport firearm - refers to a written authority issued to a licensed citizen or entity by the Chief of the PNP or by a Regional Director which entitles such person or entity to transport a particular firearm from and to a specific location within the duration and purpose in the authority.5. GUIDELINES AND PROCEDURES:
b. Permit to Carry Firearm Outside of Residence - is a written authority issued
to a licensed citizen by the Chief of the PNP which entitles such person to carry his/her registered or lawfully issued firearm outside of the residence for the duration and purpose specified in the authority.
c. Residence - refers to the place or places of abode of the licensed citizen as indicated in his/her license.
d. Point of Origin - the exact address/location where the firearms, firearms parts, accessories, and ammunition will emanate.
e. Point of Destination - the exact address/location where the firearms, firearms parts, accessories and ammunition will be transported/brought to/delivered.
f. Fixed Date - refers to the inclusive date or duration of the transport of firearms, firearms parts, accessories, and ammunition regardless of the means of transport. The period given is not subject to extension.
a. AFP, PNP, LEAs as to their personal firearms:
1) Submit requirements in white folder;
2) Briefer reviews and evaluates application folder. If the requirements in the applications are complete, authentic and valid, briefer issues a commitment slip which should indicate a release date not exceeding three working days which must be reckoned the day after the application is filed and accepted. Otherwise, a request for compliance shall be duly indicated in the action slip, a copy thereof shall be provided the applicant at his expense;
3) The applicant/authorized representative shall claim the approved PTTFA on the release date reflected in the commitment slip. In the event that he is unable to do so, he may be represented provided that the individual claiming PTTFA on his/her behalf, must be able to present proof of identification; otherwise the PTTFA will not be released; and
4) If the applicant/authorized representative fail to claim the PTTFA on the release date, for whatever ground/reason, he shall be required to apply for a new one.b. Manufacturers and Dealers:
1) Submit requirements in green folder;
2) Briefer reviews and evaluates application folder. If the requirements in the applications are complete, authentic and valid, briefer issues a commitment slip which should indicate a release date not exceeding three working days which must be reckoned the day after the application is filed and accepted. Otherwise, a request for compliance shall be duly indicated in the action slip, a copy thereof shall be provided the applicant at his expense;
3) Applications for ten or more firearms must also be submitted in soft copy and contained in either CD/DVD/USB device. The contents of such device shall be subjected to mandatory verification and validation prior to its acceptance and the issuance of corresponding commitment slip;
4) The applicant/authorized representative shall claim the approved PTTFA on the release date reflected in the commitment slip. In the event that he is unable to do so, he may be represented provided that the individual claiming PTTFA on his/her behalf, must be able to present proof of identification; otherwise the PTTFA will not be released; and
5) If the applicant/authorized representative fails to claim the PTTFA on the
release date, for whatever ground/reason, he shall be required to apply for a new one.
c. Private Security Agencies, Company Security Units, Private Detective Agencies, Accredited Armored Vehicle Security Providers:
1) Submit requirements in blue folder;
2) Briefer reviews and evaluates application folder. If the requirements in the applications are complete, authentic and valid, briefer issues a commitment slip which should indicate a release date not exceeding three working days which must be reckoned the day after the application is filed and accepted. Otherwise, a request for compliance shall be duly indicated in the action slip, a copy thereof shall be provided the applicant at his expense;
3) Applications for ten or more firearms must also be submitted in soft copy and contained in either CD/DVD/USB device. The contents of such device shall be subjected to mandatory verification and validation prior to its acceptance and the issuance of corresponding commitment slip;
4) The applicant/authorized representative shall claim the approved PTTFA on the release date reflected in the commitment slip. In the event that he is unable to do so, he may be represented provided that the individual claiming PTTFA on his/her behalf, must be able to present proof of identification; otherwise the PTTFA will not be released; and
5) If the applicant/authorized representative fail to claim the PTTFA on the release date, for whatever ground/reason, he shall be required to apply for a new one.
1) Submit requirements in brown folder;
2) Briefer reviews and evaluates application folder. If the requirements in the applications are complete, authentic and valid, briefer issues a commitment slip which should indicate a release date not exceeding three working days which must be reckoned the day after the application is filed and accepted. Otherwise, a request for compliance shall be duly indicated in the action slip, a copy thereof shall be provided the applicant at his expense;
3) The applicant/authorized representative shall claim the approved PTTFA on the release date reflected in the commitment slip. In the event that he is unable to do so he may be represented provided that the individual claiming PTTFA on his/her behalf, must be able to present proof of identification; otherwise the PTTFA will not be released; and
4) If the applicant/authorized representative fails to claim the PTTFA on the release date, for whatever ground/reason, he shall be required to apply for a new one.
e. Any person arriving from abroad whether a Filipino citizen, diplomat/foreign dignitary/ies and/or his/their security agent/s, foreign sports shooter, member of Visiting Forces pursuant to the existing policy on Visiting Forces Agreement (VFA) , is required to secure a PTTFA subject to the procedures and requirements provided for by R.A. No. 10591 and its Revised IRR.
f. Pre-determined routes (point of origin and destination) and fixed dates:
1) As a general rule, a PTTFA is valid for a minimum of 72 hours or three calendar days to a maximum of fifteen calendar days subject to the provisions of this MC. It is mandatory for the applicant/authorized representative to disclose the places/location that will be traversed by the route for the PTTFA as well as the estimated time/duration of travel from point of origin to destination. If necessary, the travel/transport route must be detailed and specific enough to guide/aid the PROs/RCSUs in allocating the maximum allowable duration to be reflected/indicated in the PTTFA;
2) No sudden changes of destination shall be allowed; and
3) No route diversion shall be allowed.
1) Not valid if with erasures or alterations;
2) Not valid without dry seal and stamp of the issuing Office/Unit;
3) Not valid without stamped date of validity;
4) No amendment/extension of validity shall be allowed;
5) No recycling/re-use of Special Bank Receipt (SBR)/Proof of Payment;
and
6) If PTTFA is already issued/released to the applicant/authorized representative, and the same is not used during its validity period, for whatever ground or reason, the applicant shall be required to apply for new one.
h. Conditions, Restrictions, and Prohibitions:
The rationale behind the monitoring and supervision of the transport of firearms is public safety. While in transit, firearms should be transported in a manner that is safe, secure and concealed. However, for many years, the FEO has been saddled with numerous reports of loss of firearms, whether individual or juridical, during transport or while in transit. This has effectively compromised the integrity of the regulation of firearms and the propensity to escape or evade liability. There also exists the malpractice of transporting firearms by PSAs using privately-owned and unmarked vehicles which makes detection or apprehension virtually impossible. This is notwithstanding the prevalence of PSAs neglecting/overlooking or deliberately refusing to apply for and when granted, use, a Permit to Transport Firearm and Ammunition issued by the PNP through the FEO. Hence, the regulatory intervention for this situation does not only ensure the safe transport of regulated items but also to ensure the certainty and identifiability of those who are responsible for the safe and secure transport of the same.
The following guidelines shall be strictly observed in the transport of firearms:
1) The firearms, firearms parts, accessories, and ammunition to be transported shall be properly wrapped and labeled with the name and address of the licensee;
2) The firearms, firearms parts, accessories, and ammunition must be secured in two separate cases/boxes and further kept in two separate places (the trunk compartment and glove compartment). If the firearm is to be test fired, it should be unloaded;
3) If the firearms to be transported is ten or more small arms or at least one light weapon, it must be escorted by at least two Security Guards who should have a valid License to Exercise Security Profession (LESP) and must be with Special Duty Detail Order (SDDO) for the purpose;
4) Transport/movement of ammunition of calibers 5.56 and 7.62 for local shooting competition shall be escorted by PNP personnel from Inspection & Enforcement Section, Education and Enforcement Management Division (I&E Section, EEMD)/RCSU;
5) PTTFA for firearms intended for international shooting competition shall be issued only by FEO. If the firearms to be transported is ten or more small arms, or at least five small arm rifles, the same shall be escorted, in and out of the country, by at least one PNP personnel from FEO.
6) The PTTFA is not valid for ammunition such as caliber 5.56 and 7.62 pursuant to the Presidential Directive No. 2017-0189 with subject Regulating the Selling of Firearms Bullets dated April 3, 2017 except for acquisition and/or use of AFP, PNP, and other LEAs;
7) The PTTFA is non-transferrable, valid for one way-trip only, and is subject to the existing firearms laws, rules, and regulations; and
8) PTTFA for juridical entities, particularly for private security agencies is required, but not limited to, the following instances: posting, routine rotation, firearms replace, firearms repair.
i. Responsibilities a) TDC:
1) Responsible in the issuance of Fiscal Directive for the payment ofb) ROs PROs 1-13, ARMM & COR:
PTTFA thru Regional Finance Service Office (RFSO); and
2) Perform other tasks as directed.
1) Responsible in the approval/disapproval of PTTFA;
3) If the movement/transport of firearms, firearms parts, accessories, and ammunition transcends from one Region to another, the PTTFA will be issued by the RD where the regulated items originated; and
4) Perform other tasks as directed
1) Responsible in the acceptance, evaluation, processing and approval of all PTTFA applications within the same Region;
2) Responsible in the acceptance, evaluation, processing and endorsement of all PTTFA applications intended from one Region to another;
3) Responsible in issuing Order of Payment to PTTFA applicants; and
4) Perform other tasks as directed.
1) Accept all payments for PTTFA, issue the corresponding Official Receipt (OR) and report the same using the appropriate account numbers/code as part of the Trust Receipts Funds in accordance with government accounting and auditing rules and regulations; and
2) Perform other tasks as directed.
1) Responsible in receiving, accounting and recording of all firearms surrendered or deposited for safekeeping;
2) Responsible in the issuance of turn-in slip/acknowledgement receipt to the surrenderee/depositor; and
3) Perform other tasks as directed.
6. REQUIREMENTS FOR PTTFA:
a) AFP, PNP, LEAs as to their personal firearms:
1) Letter Request which must include the pre-determined routes (point of origin and destination) and fixed dates;b) Juridical Entities (Manufacturer, Dealer):
2) Certificate of License to Own and Possess Firearms (LTOPF);
3) Certificate of Firearms Registration or Firearms License; and
4) Special Bank Receipt or Official Receipt issued by RFSO- PhP200.00
1) Letter Request which must include the pre-determined routes (point of origin and destination) and fixed dates;
2) License to Deal/ License to Manufacture;
3) Board Resolution for Authorized Representative:
4) Valid ID of Authorized Representative; and
5) Special Bank Receipt or Official Receipt issued by RFSO - PhP200.00.
c) Juridical Entities (Private Security Agencies, Company Security Units, Private Detective Agencies, and Accredited Armored Vehicle Security Providers):
1) Letter Request which must include the pre-determined routes (point of origin and destination) and fixed dates;d) Individuals who opt to surrender/deposit their firearm to the PNP:
2) License to Operate from SOSIA/Accreditation for Armored Vehicle from
SOSIA;
3) Copy of Certificate of Long Regular Registration (LRR);
4) Board Resolution for Authorized Applicant;
5) Valid ID of Authorized Applicant;
6) Copy of Certificate of Juridical LTOPF under the name of the Agency;
and
7) Special Bank Receipt or Official Receipt issued by RFSO - PhP200.00.
1) Letter Request which must include the pre-determined routes (point of origin and destination) and fixed dates;
2) Certificate of License to Own and Possess Firearms (LTOPF) as
applicable/as appropriate;
3) Certificate of Firearms Registration or Firearms License as applicable/as appropriate; and
4) Special Bank Receipt or Official Receipt issued by RFSO - P200.00.
e) Person arriving in the Philippines who is a sports shooter in his/her country of origin, his/her licensed/registered firearm/s and/or ammunition shall secure Permit to Transport to the PNP-FEO with the following requirements:
1) Letter Request addressed to the CPNP (Attn: C. FEO);
2) Photocopy of the Passport;
3) Firearm license/Registration issued by the country of origin; and
4) Invitation from the Host Gun Club/Association.
f) Person arriving in the Philippines who is a diplomat/foreign dignitaries or security force of the diplomats/ambassador with licensed firearms from country of origin shall secure Permit to Transport to the PNP-FEO with the following requirements:
1) Letter Endorsement from Department of Foreign Affairs;
2) Endorsement from Foreign Liaison Division, Directorate for Intelligence
(FLD, DI); and
3) List of Personnel, Firearms and Ammunition.
7. APPROVAL OF PERMIT TO TRANSPORT FIREARMS, FIREARMS PARTS, ACCESSORIES, AND AMMUNITION (PTTFA):
All applications for PTTFA to be transported within the same Region shall be approved/disapproved by the C, RCSU.
All applications for PTTFA involving firearms, ammunition, firearms parts, and accessories to be transported from one Region to another shall be processed and endorsed by the C, RCSU and approved/disapproved by the RD. PRO where the said items originated without passing through the Regional Staff
and the Command Group. Provided, the Deputy Regional Director for Operations (DRDO) of the PRO of origin shall be subsequently notified by the concerned RCSU. Applications for PTTFA at the National Capital Region shall be processed and endorsed by the Chief, Education and Enforcement Management Division and approved/disapproved by the C, FEO.
All applications for PTTFA involving firearms, ammunition, firearms parts, and accessories carried by Sports Shooter to be transported from airport/seaports shall be endorsed by the Host Gun Club/Association to the Chief, Education and Enforcement Management Division for the approval/ disapproval of the Chief, FEO.
All applications for PTTFA involving firearms, ammunition, firearms parts, and accessories carried by diplomats/foreign dignitaries or security force of the diplomats/ambassador to be transported from airport/seaports shall be endorsed by Foreign Liaison Division, Directorate for Intelligence to the Chief, Education and Enforcement Management Division for the approval/disapproval of the Chief, FEO.
8. PENALTY CLAUSE:
Without prejudice to the filing of appropriate criminal action, violation of any of the provisions of this MC shall subject the applicant/authorized representative and/or the owner or proprietor/Chairman of the Board/President to administrative sanction as well as the suspension/cancellation or revocation of License/ Accreditation of the juridical entity, subject to the due process requirements.
9. EFFECTIVITY:
This MC shall take effect after 15 days from filing a copy thereof at the UP Law Center in consonance with Section 3, Chapter 2 Book VII of Executive Order
292 otherwise known as the “Revised Administrative Code of 1987” as amended.
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