Guidelines in the Possession, Bearing and Carrying of Government Issued Firearms

April 4, 2011

BI MEMORANDUM CIRCULAR NO. RADJR 2011-001

GUIDELINES IN THE POSSESSION, BEARING AND CARRYING OF GOVERNMENT ISSUED FIREARMS

Pursuant to Sec. 3 of Commonwealth Act 613, as amended, and Philippine National Police (PNP) Memorandum Circular No. 2011-005 (Rationalized Policies on the Possession, Bearing and Carrying of Firearms), the Commissioner hereby issues the following guidelines to be observed by all personnel of the Bureau of Immigration in their possession, bearing and carrying of firearms.

I. Coverage

This Memorandum Circular shall apply to all personnel of the Bureau of Immigration duly authorized to carry firearms owned by the Bureau of Immigration.

II. General Policies

No personnel shall be allowed to possess, bear and carry firearm issued by the government — Bureau of Immigration unless he is in possession of a valid Mission Order.

Mission Order shall only be issued by the Commissioner subject to the following conditions:

(1) Only to its personnel with plantilla position;

(2) Within the territorial jurisdiction of the issuing authority; and

(3) For the duration of the mission.

III. Carrying of Government-Issued Firearms Outside of Residence While in the Performance of Duties

All personnel of the Bureau of Immigration shall carry their government-issued firearms, while in the performance of their official duties and functions, under the following conditions: AIHTEa

(a) With corresponding Memorandum Receipt (MR)/Acknowledgement Receipt for Equipment (ARE); and

(b) With corresponding Mission Order (MO) issued by the Commissioner.

IV. Carrying of Government-Issued Firearms, to and from Residence and Office

All personnel of the Bureau of Immigration shall carry their government-issued firearms, to and from residence and office, under the following conditions:

(a) With corresponding Memorandum Receipt (MR)/Acknowledgement Receipt for Equipment (ARE);

(b) With corresponding Mission Order (MO) issued by the Commissioner;

(c) Firearm must be concealed when bearer is not in agency-prescribed uniform; and

(d) Long firearms must be concealed in gun bags/containers when being transported by bearers who are not in agency-prescribed uniform.

V. Carrying of Government-Issued Firearms Outside of Residence or Office Wearing Civilian Attire

All personnel of the Bureau of Immigration shall apply for a special permit, which shall be classified as PTCFOR-LEA, in order to be authorized to carry the corresponding government-issued firearm outside of residence or of official station wearing civilian attire, and subject to the following conditions:

(a) The Commissioner shall endorse to the Chief, Philippine National Police all applications for Permit to Carry Firearm Outside of Residence for Law Enforcement Agency (PTCFOR-LEA);

(b) The application must be accompanied by the latest appointment order of the personnel applying for PTCFOR-LEA and a certificate of no pending case duly issued for the purpose;

(c) The PTCFOR-LEA shall be issued only by the Chief, Philippine National Police and shall be valid for five (5) years;

(d) The PTCFOR-LEA should always be accompanied by the corresponding Memorandum Receipt (MR)/Acknowledgement Receipt for Equipment (ARE).

VI. Manner of Carrying Firearms

All personnel of the Bureau of Immigration shall strictly observe the following guidelines:

1.) When in prescribed uniform

(a) When carried while in agency-prescribed uniform, firearms shall be placed in a holster securely attached to the belt; HScaCT

(b) When the agency-prescribed uniform does not include holster, or for those authorized to carry firearms outside of residence or office while in civilian attire, the firearm shall be concealed unless actually used for a legitimate purpose. Displaying a firearm, when not used for a legitimate purpose, is prohibited;

(c) The practice of flagrantly displaying a firearm while in uniform or in civilian attire is prohibited; and

(d) Only such firearms specifically described in corresponding Memorandum Receipt (MR)/Acknowledgement Receipt for Equipment (ARE), or Mission Order (MO), or Permit to Carry Firearm Outside of Residence for Law Enforcement Agency (PTCFOR-LEA) shall be carried.

2.) When not in prescribed uniform (civilian attire)

(a) Display of firearm is prohibited. The firearm must always be concealed; and

(b) The firearm must be secured inside the compartment of a vehicle or motor cycle.

3.) Additional restrictions

(a) PTCFOR-LEA and/or MO are non-transferable; and

(b) The firearm shall not be brought inside places of worship, public drinking, amusement places and all other commercial or public establishments.

VII. Duty of Holder to Present Authority

It shall be the duty of any person who openly (in plain view or in clear violation of the above-enumerated conditions), to show the license and the corresponding PTCFOR-LEA before a law enforcer who requests presentation of such documents.

VIII. Final Provisions

1. All previous circulars, orders, and/or rules inconsistent herewith are deemed repealed, amended, and/or modified accordingly.

2. This Memorandum shall take effect immediately.

Furnish copies of this Memorandum Circular to the Office of the National Administrative Register (ONAR) at the UP Law Center, UP Complex, Diliman, Quezon City. CSaITD

(SGD.) RICARDO DAVID, JR.CommissionerBureau of Immigration