Guidelines on the Mandatory Testing of Firearms for Licensing

June 24, 2009

PNP MEMORANDUM CIRCULAR NO. 011-09

GUIDELINES ON THE MANDATORY TESTING OF FIREARMS FOR LICENSING

1. References:

a. NAPOLCOM Resolution No. 2007-074 dated February 16, 2007, recommending to HER EXCELLENCY PRESIDENT GLORIA MACAPAGAL-ARROYO the approval of a proposed Executive Order Providing for a New Ballistic Testing of all Registered Firearms, and assigning to the Firearms Identification Division, PNP Crime Laboratory the primary function to efficiently make use of the firearms Ballistics Data Bank in support of investigation (Tab-A);and

b. Chief, Philippine National Police designation of the PNP Crime Laboratory as the Office of Primary Responsibility (OPR) for the conduct of ballistics tests/samplings of firearms for licensing, maintenance of ballistics database and storage of collected test bullets and cartridge cases for future use (Tab-B).

2. Background/Rationale:

a. A key component of the effort to transform the PNP into a more capable, effective and credible police force under the Integrated Transformation Program, is the strengthening of the PNP Crime Laboratory in order to upgrade its forensic investigative capabilities such as identification of a particular firearm used in the commission of crime;

b. Recognizing the immeasurable value of forensic science, the PNP adopted a policy of upgrading its forensic firearms identification capability through the establishment of a reliable and comprehensive database of test bullets and cartridge cases of all new firearms for licensing;

c. As reported and cited in NAPOLCOM Resolution No. 2007-074 dated February 16, 2007, out of the Nine Hundred Forty-Six Thousand Two Hundred Ninety-One (946,291) registered firearms, only Two Hundred Fifty-One Thousand Seven Hundred Seven (251,707) have undergone testing of standard bullets and cartridge cases stored at the Firearms and Explosives Division, Civil Security Group (FED-CSG) of the PNP. It was further cited that the Firearms Identification Division, Crime Laboratory Group has the primary function to efficiently make use of the Firearms Ballistics Data Bank in support of investigation; aDcEIH

d. There are 1,162,563 licensed firearms in the Philippines as of May 8, 2009. This large number makes it virtually impossible for the PNP Crime Laboratory, without the needed database of bullets and cartridge cases, to trace a piece of recovered ballistics evidence back to a gun and its owner. With the increasing number of firearms related cases, the need to establish and maintain a reliable database of bullets and cartridge cases of all licensed firearms by the PNP Crime Laboratory for cross matching and future use can no longer be ignored;

e. International human rights advocates recognized the need for a database of bullets and cartridge cases in order to help solve the documented killings of journalist, lawyers, activists, government officials and ordinary civilians; and

f. Obvious factor contributing to the increase of unsolved killings is that the PNP, as the primary law enforcement arm of the government, lacks required firearms ballistics database and automated firearms identification system for forensic examination and cross matching of ballistics evidence to possibly identify particular firearm used in a crime.

3. Definitions of Terms:

a. Test Bullets — Fired bullets taken during the conduct of test firing;

b. Test Cartridge Cases — Fired cartridge cases taken during the conduct of test firing;

c. Licensed Firearms — Any firearm covered with license issued by the Firearms and Explosives Division, Civil Security Group;

d. Database of Bullets and Cartridge Cases — A collection of reliable reference test/standard bullets and cartridge cases of licensed firearms for comparison with evidence bullets and cartridge cases;

e. Maintenance — The proper safekeeping of database of bullets and cartridge cases for future use;

f. Forensic Firearms Examiner — A Uniformed Technical Personnel of the PNP Crime Laboratory with specialized skills in Forensic Firearms Investigation and Examination;

g. Ballistician — A Non-Uniformed Technical Personnel of the PNP Crime Laboratory with specialized skills in Forensic Firearms Investigation and Examination;

h. Bullet Recovery Tube — A cotton tube for test firing of firearms in order to obtain test/standard bullets and cartridge cases; and

i. Firearms and Ammunition Dealers — Dealers authorized to engage in firearms and ammunition business. AEIDTc

4. Purpose and Objectives:

a. The establishment of a reliable database of test bullets and cartridge cases of new firearms for licensing and make use of it to support the forensic investigative capability of the PNP and Anti Crime Capability Enhancement Program on Firearms Control; and

b. The test specimens to be collected from the firearms will form part of the initial but reliable database for cross matching examinations and future encoding into the Integrated Ballistics Identification System (IBIS),once acquired by the PNP pursuant to the Integrated Transformation Program;

5. Guidelines/Policies:

a. The PNP Crime Laboratory shall be the Office of Primary Responsibility (OPR) for the conduct of ballistics tests/samplings, maintenance of ballistics database and storage of test bullets and cartridge cases of licensed firearms, and ensure the implementation of this circular;

b. All new firearms shall be submitted by the Firearms and Explosives Division, Civil Security Group (FED, CSG) in coordination with firearms and ammunition dealers to the PNP Crime Laboratory, Camp Crame, Quezon City for the conduct of test firing prior to licensing;

c. The Forensic Firearms Examiners and Technicians of the PNP Crime Laboratory shall conduct the test firing of new firearms;

d. The venue for the test firing of firearms shall be at the Headquarters PNP Crime Laboratory Office or at any place designated for the purpose (e.g., PNP Target Range with Bullet Recovery Tubes/Boxes) as needed; and

e. The concerned firearms and ammunition dealers shall pay P350.00 to cover the cost of ammunition, cotton, self sealing container, testing certificate and other supplies needed for test firing, based on Fiscal Directive Nr 2005-08 dated October 9, 2005.

6. Procedures on Testing and Safekeeping of Collected Test Bullets and Cartridge Cases:

a. The PNP Crime Laboratory shall closely supervise and control the conduct of test firing;

b. Five (5) rounds shall be allocated for testing each firearm which includes an extra round to replace damaged bullet and/or blown out primer;

c. The number of tests for handguns shall be limited to four (4),the first three (3) tests shall be with the use of Full Metal Jacket (FMJ) bullets, while the 4th test shall be with copper plated/coated or washed bullet, except .22 caliber short and long rifle where the only available bullets are either lead or plated including rifles where the bullets are of full metal jackets. For shotguns, three (3) rounds of ammunition will be used for test firing; AaIDHS

d. Patented cartridges with brass casing and factory standard powder loads shall be the only authorized ammunition for the purpose. For shotguns, the locally available brass base with plastic hull casings such as 12, .410 gauges, among others, shall be used for the purpose;

e. Before the conduct of test firing, the cartridges, as test specimens, shall be marked with the identifying markings on the body parallel and near the case mouth and on the tip of the bullet with letter "T" (to represent the word Test) followed by the last two (2) digits of the serial number of the firearm to be tested, and another reference number representing the order of firing (e.g.,"T-01-1" for 1st test, "T-01-2" for 2nd test, "T-01-3" for 3rd test, and "T-01-4" for the 4th test);

f. The Forensic Firearms Examiners and Technicians shall meticulously check fitness of the test bullets and cartridge cases for future use. Only test specimens in pristine condition with prominent identifiable marks shall be stored in a waterproof, self sealing container with marking "PNP Crime Laboratory";

g. Ballistic tests of firearms for licensing shall be conducted from 8:00 a.m. to 5:00 p.m. Monday to Friday. During exceptionally meritorious circumstances, ballistic test of firearms may be conducted in coordination with FED, CSG and concerned firearm and ammunition dealers during Holidays and weekends provided the testing fee was previously settled;

h. The Firearms Identification Division, PNP Crime Laboratory, Camp Crame, Quezon City shall be the only depository Office of the collected test bullets and cartridge cases; and

i. The evidence Custodian of the Firearms Identification Division, PNP Crime Laboratory, Camp Crame, Quezon City, should observe Standard Operating Procedures for the storage and maintenance of the test specimens.

7. Firearm's Testing Certificate:

a. The National Headquarters, PNP Crime Laboratory or its field offices shall issue three (3) copies of Testing Certificate, containing the description of the firearm and information relative to the conduct of testing. The original copy shall be incorporated by the Firearms and Explosives Division, Civil Security Group with other documentary requirements necessary for licensing. The Firearms Identification Division, PNP Crime Laboratory shall maintain the duplicate copy; while the Assistant Director for Operations, PNP Crime Laboratory maintains the triplicate copy. No firearm's license shall be issued by the FED, CSG without this testing certificate; and

b. The testing certificate should be validated by the testing Forensic Firearms Examiner, approved by the Chief, Firearms Identification Division and noted by the Director, PNP Crime Laboratory or his authorized representative. The PNP Crime Laboratory shall be the only office authorized to issue Firearms Testing Certificate. DTCAES

8. Coordinating Instructions:

a. All operational procedures and other applicable Standard Operating Procedures for the safe conduct of test firing of firearms for licensing must be strictly observed; 

b. Lateral coordination between and among PNP units such as FED, CSG and concerned firearms and ammunition dealers is authorized and encouraged; and

c. Attached are work flow charts for reference.

9. Effectivity:

This circular shall take effect after fifteen (15) days from the filing of a copy hereof at the University of the Philippines Law Center in consonance with Sections 3 and 4, Chapter 2, Book VII, E.O. No. 292, otherwise known as "The Revised Administrative Code of 1987", as amended.

 

(SGD.) JESUS A. VERZOSA, CEO VIPolice Director General