Rules and Regulations Implementing Presidential Decree No. 1866

October 28, 1983

RULES AND REGULATIONS IMPLEMENTING PRESIDENTIAL DECREE NUMBER 1866 DATED 29 JUNE 1983 CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES

Pursuant to Section 8 of Presidential Decree No. 1866, dated 29 June 1983, as amended, promulgated hereunder are the Rules and Regulations implemental of said Decree for the guidance of all concerned. TCcSDE

SECTION 1. Definition of Terms. — For purposes of Presidential Decree No. 1866 the following terms shall mean and be interpreted as hereunder defined:

a. "Firearm" as herein used, includes rifles, muskets, carbines, shotguns, revolvers, pistols and another deadly weapons from which a bullet, ball, loaded shell or other missile may be discharged by means of gunpowder or other explosives. The term also includes air rifles and air pistols not classified as toys under the provisions of Executive Order No. 712 dated 28 July 1981. The barrel of any firearm shall be considered a complete firearm.

b. "Explosives" — refers to any substance either solid or liquid, either as a mixture of single compound, which by chemical reaction liberate, at high speed, heat and gas causing tremendous pressure resulting in an explosion, such as gunpowder, powder used for blasting, all forms of high explosives, blasting materials, dynamite, fuses, detonators and detonating agents, smokeless powder, handgrenade, rifle grenade, pillbox bomb, molotov cocktail bomb, fire bomb, or other incendiary devices and any other chemical compound or chemical mixture that contains any combustible unit or other ingredients in such proportion or packing that ignites by fire, by friction, by concussion, by percussion, or by detonation of all or any part of the compound or mixture causing such a sudden generation of highly heated gases that the resultant gaseous pressure are capable of producing destructive effects on contiguous objects or destroying life or limb.

c. "Ammunition" — refers to loaded shells for rifles, muskets, carbines, shotguns, revolvers, pistols and other firearms from which a bullet, ball, shot, shell or other missile may be fired by means of gunpowder or explosives.

d. "Mission Order" — is a written directive or order issued by competent authority as enumerated in Section 5 hereof to persons who are under his supervision and control for a definite purpose or objective during a specified period and to such place or places as therein mentioned which may entitle the bearer thereof to carry his duly issued or licensed firearm outside of his residence when so specified therein.

e. "Permit to Carry Firearm Outside of Residence" — is a written authority issued to any person by the Chief of Constabulary which entitles such person to carry his licensed or lawfully issued firearm outside of residence for the duration and purpose specified therein.

f. "Residence" — refers to that place where the firearm and ammunition is being permanently kept. It includes the office or house where it is kept and the premises of the house enclosed by walls and gates separating said premises from adjacent properties. For firearms covered by a Regular License or Special Permit their residence shall be that specified in the license or permit; and those covered by a Certificate of Registration or a Memorandum Receipt their residence is the Office/station to which the grantee belongs.

g. "Duty Detail Order" — is a written order/schedule issued by a superior officer to his subordinate(s) assigning to the latter the performance of a specific task(s) within or outside his/their official station which is a part of his/their regular duties, usually requiring completion within a 24-hour period.

SECTION 2. Manufacture, Sale, Acquisition or Possession of Firearm, Ammunition or Explosives. — Any person or entity desiring to import, manufacture, deal in receive, acquire, buy, sell, dispose of or possess any firearm, part of firearm, ammunition, explosives or machinery, tool or instrument used or intended to be used in the manufacture of any firearm, parts of firearm, ammunition or explosives shall first secure the necessary permit/license/authority from the Chief of Constabulary, except that in the case of application to manufacture firearms, ammunition or explosives, the corresponding permit/license shall be issued only with the prior approval of the President.

SECTION 3. Authority of Private Individuals to Carry Firearms Outside of Residence. —

a. As a rule, persons who are lawful holders of firearms (regular license, special permit, certificate of registration or M/R) are prohibited from carrying their firearms outside of residence.

b. However, the Chief of Constabulary may, in meritorious cases as determined by him and under such conditions as he may impose, authorize such person or persons to carry firearm outside of residence.

c. Except as otherwise provided in Secs. 4 and 5 hereof, the carrying of firearm outside of residence or official station in pursuance of an official mission or duty shall have the prior approval of the Chief of Constabulary.

SECTION 4. Authority of Personnel of Certain Civilian Government Entities and Guards of Private Security Agencies, Company Guard Forces and Government Guard Forces to Carry Firearms. — The personnel of the following civilian agencies commanding guards of private security agencies, company guard forces and government guard forces are authorized to carry their duly issued firearms whenever they are on duty detail subject to the specific guidelines provided in Sec 6 hereof:

a. Guards of the National Bureau of Prisons, Provincial and City Jails;

b. Members of the Bureau of Customs Police, Philippine Ports Authority Security Force, and Export Processing Zones Authority Police Force; and

c. Guards of private security agencies, company guard forces, and government guard forces.

SECTION 5. Authority to Issue Mission Order Involving the Carrying of Firearm. — The following are authorized to issue mission orders with provisions which may entitle the bearer thereof to carry his issued/licensed firearm and ammunition for the duration of such mission:

a. For officers, men and regular civilian agents of the Ministry of National Defense (MOND)/Armed Forces of the Philippines (AFP) including members of the ICHDF:

(1) The Minister of National Defense and such other Ministry officials duly designated by him;

(2) The Chief of Staff, AFP;

(3) Chiefs of the General/Special/Technical and Personal Staffs of GHQ AFP;

(4) Commanders of the AFP Major Services including the Chiefs of their respective General/Special/Technical and Personal Staffs;

(5) Commanders and Chiefs of Staffs or PWSSUs and major commands/units of the AFP and the Major Services;

(6) Commanders of battalions and higher units and their equivalent in the Philippine Air Force and Philippine Navy;

(7) Commanders of AFP intelligence units from GHQ AFP down to regional command levels;

(8) Provincial Commanders, METRODISCOM Commanders, company commanders and their equivalent in the Philippine Air Force and Philippine Navy; and

(9) Detachment commanders in remote areas whose higher commanders are no easily available to issue such orders.

b. For members of the Integrated National Police (INP):

(1) Director General, INP;

(2) Deputy Director General, INP;

(3) Regional Directors/Director, Metropolitan Police Force;

(4) Commanding General, Office of Jail Management and Penology;

(5) Director of Legal Affairs, INP Legal Service;

(6) Provincial/District Superintendents;

(7) Commanding Officers of Metropolitan District Commands;

(8) Commanding Officer, INP Field Force;

(9) Station/Sub-Station Commanders; and aDECHI

(10) Commanding Officers, INP separate Units/Officers or officers holding equivalent commands.

c. For members of the National Bureau of Investigation:

(1) The Director

(2) The Deputy Director

(3) The Assistant/Regional Directors

d. For agents of the National Intelligence and Security Authority (NISA):

The Director-General, NISA

SECTION 6. Specific Guidelines in the Carrying of Firearms Outside of Residence. — The following specific guidelines shall be strictly observed in the carrying of firearm outside of residence:

a. Lawful holders of firearm. — Lawful holders of firearm (regular license, special permit, certificate of registration or M/R) are prohibited from carrying their firearms outside of residence except when they had been issued by the Chief of Constabulary a permit to carry firearm outside of their residence as provided for in Sec. 3 hereof or in actual performance of duty or official mission under Secs. 4 & 5 hereof.

b. For officers, men and regular civilian agents of the MOND/AFP/INP:

(1) Whether in uniform or in civilian attire, the aforementioned personnel are not authorized to carry firearms except while on actual performance of official duties or when on official function pursuant to a mission order. When required by proper authorities, the mission order should be shown on demand without resentment to avoid misunderstanding.

 The term "duty" as used herein means a task or function that requires the use of firearm to insure its accomplishment. This includes, but shall not be limited to: guarding or securing persons legally entitled to protection, and government property; enforcing laws and regulations; participation in training, combat, police, intelligence and security operations; detail as participants in parade and ceremonies and the like. The authority to carry firearm in the above instances shall apply not only in the specific place of duty but also from the camps, barracks, quarters or assembly area of such personnel to the place of duty and back.

 The term "official mission" shall refer to a task that requires the personnel concerned to go out of his official station for its accomplishment.

 

(2) While in the actual performance of duty such as those enumerated above, the letter order assailing them to such duty, the operation order in combat, police, intelligence or security operations, and other written instructions indicating the authority to carry firearms issued by competent authority, shall be sufficient. In some instances where time is of the essence, the authority may be verbal, provided the individuals are in uniform, within their area of operation or place of duty, and accompanied by a person in charge.

c. Manner of Carrying Firearms:

(1) As a general rule, firearms shall be carried only while in proper uniform.

(2) The sidearm carried by a person in uniform shall be placed in a holster securely attached to the belt, except that military pilots in flying uniforms and crew of armored vehicles may carry their firearms in shoulder holsters.

(3) Personnel in uniform but without holster and those in civilian clothes who are authorized to carry firearms outside their residence shall ensure that their firearms are concealed unless in actual use for a legitimate purpose.

(4) The practice of flagrantly displaying a firearm or tucking it in the waist while in uniform or in civilian clothes is prohibited.

(5) Only firearms specifically described in the mission orders shall be carried.

d. Limitations and Restrictions:

(1) Those authorized to carry firearms shall not bring said firearms inside public drinking places, cabarets, public dance halls and public amusement places, or while attending civic, political and religious rallies and meetings.

(2) Carrying of long firearms is prohibited in Metro Manila, chartered cities, provincial capital, and other thickly populated areas or in fiestas or other large gatherings except when called for in the performance of duty or accomplishment of mission.

e. Agents of the National Bureau of Investigation and National Intelligence and Security Authority are not allowed to carry firearms outside of residence except while in the actual performance of official mission or duty provided they are covered by appropriate Mission Orders.

f. Guards of the Bureau of Prisons and of provincial jails are not authorized to carry their duly issued firearms except within the premises of the prison or jail in which they are actually on guard duty and while escorting prisoners pursuant to a validly issued duty detail order from the prison or jail to offices of provincial/city fiscals or to the courts, in compliance with subpoena issued for the purpose, and return.

g. Members of the Bureau of Customs Police, Philippine Ports Authority security force and Export Processing Zones Authority police force are not authorized to carry their issued firearms except while on duty within the customs, port or zone area only. After their tour of duty, the firearms should be returned to the property custodian or armorer for safekeeping in the depository. In case of missions outside of their official stations, they may be allowed to carry their duly issued firearms provided they are covered by duty detail order issued by the Chief of Customs Police, Chief Security Officer of the Philippine Ports Authority and the Chief Security Officer of the Export Processing Zone Authority, respectively, specifically detailing them to such duty. The duty detail order shall state the period and places covered.

h. For guards of licensed security agencies and public or private corporations or firms:

(1) Guards of security agencies and public or private corporations or firms are not authorized to carry firearms except while on proper uniform, and they are properly authorized by a duty detail issued by the Chief Security Officer concerned. The carrying of firearms is limited only from the premises of the office of such agencies, corporations or firms to their place of work and return.

(2) Security guards shall not bring home the firearms issued to them. After their tour of duty, the firearms should be returned for safekeeping in the depository in the office or premises of work of the security guard.

(3) Only firearms licensed to the agency, corporation or firm concerned may be used/carried by the security guard.

(4) Security guards may be allowed to carry firearms to escort big amounts of cash or valuables of their registered clients, provided that said escort are covered by duty detail order issued by the Chief Security Officer concerned. Coordination shall be made by the operator/general manager with CG, PC METROCOM, MPF in Metro Manila, and Provincial Commander/Police Superintendent in the province who should be furnished a copy of the duty detail order, as soon as said orders as issued.

i. For Integrated Civilian Home Defense Forces (CHDF):

(1) CHDF members are not allowed to travel with firearms individually and are not allowed to operate outside of its operational are without prior authority/clearance from the military Commander-in-Charge. THIcCA

(2) CHDF members are not allowed to bring their issued firearms to their residence except as specifically authorized by the military Commander-in-Charge on a case-to-case basis when justified by exigencies of the service.

(3) A secured depository of firearms should be maintained at the lowest level of CHDG organization.

(4) Appropriate information/coordination shall be made with the nearest PC or INP unit for purposes of identification and to preclude incidents of violence between CHDF and military forces in instances where apprehensions or arrest of CHDF in the province is to be effected.

SECTION 7. Unlawful Repacking or Altering of the Composition of Lawfully Manufactured Explosives. — Altering, repacking or in any way modifying the composition of lawfully manufactured explosives unlawful and punishable provided, however, that persons are said to conduct blasting operations may, upon prior approval from the Firearms and Explosives Unit (FEU) HPC, be to repack explosives to conform with their blasting requirements.

SECTION 8. Unlawful Tampering of Firearm Serial Number. — Tampering, changing, defacing or in any way erasing the serial number of a firearm is unlawful and punishable except that provided hereunder:

a. The tampering, changing, defacing or erasing of the firearm's serial number is done with the prior consent/approval of the Chief of the Philippine Constabulary or his duly designated representations;

b. The new serial number to be stamped/engraved on any firearm shall be assigned by FEU, HPC;

c. The stamping/engraving of the new serial number assigned shall be done under the supervision of the FEU.

SECTION 9. Unlawful Issuance of Mission Orders or Permit to Carry Firearm. — Except as provided in these Rules and Regulations no other person or officer is authorized to give mission order involving the carrying of firearms or permits to carry firearms.

SECTION 10. Effectivity. — These rules and regulations shall be effective immediately.

Done this 28th day of October, 1983 at Headquarters Philippine Constabulary, Camp Crame, Quezon City.

(SGD.) FIDEL V. RAMOS

Lieutenant General, AFP