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(NAR) VOL. 7 NO. 2 / APRIL-JUNE 1996

[ FED, May 29, 1996 ]

IMPLEMENTING RULES AND REGULATIONS OF EXECUTIVE ORDER NO. 256



Pursuant to Section 8 of Executive Order 256, dated 21 December 1995, promulgated hereunder are the implementing Rules and Regulations (IRR) of Executive Order 256 for the guidance of all concerned.

SECTION 1. Purpose. — These Implementing Rules and Regulations shall prescribe and promulgate Executive Order 256, which supersedes Executive Order 58 Series of 1987 and which further rationalizes the fees and charges on firearms, firearm spare parts, firearm accessories, ammunition and ammunition components, explosives, explosive ingredients, pyrotechnics and firecrackers and other fees and charges related thereto.

SECTION 2. Definition of Terms. —

FIREARMS LICENSE

a. Regular License (RL) — issued to private individuals for personally-owned firearms and to security agencies/company guard forces for the sole use of their security guards.

b. Long Regular License (LRL) — issued to private firms, establishments, or corporations for firearms used by their employees who are not security guards.

c. Short Regular License (SRL) — issued to private employees by their employers for firearms covered by LRL.

d. Special Permit (SP) — issued to government officials and employees for privately owned firearms.

e. Long Certificate of Registration (LCR) — issued to government agencies or offices and government-owned or controlled corporations for firearms used by their officials and employees.

f. Short Certificate of Registration (SCR) — granted to government officials or employees for firearms covered by a Long Certificate of Registration (LCR).

g. Permit to Import firearms, firearm spare parts, firearm accessories, ammunition and ammunition components, reloading machines, and bullet proof vests/vestments — a permit issued to authorized persons, entities or corporations desiring to import firearms, firearm spare parts, firearm accessories, ammunition and ammunition components, reloading machines, bullet proof vest/vestments and any other products controlled by the Firearms and Explosives Division of the PNP.

h. Storage Fee — fee charged to licensed firearms and ammunition dealers utilizing and occupying the FED bodega in the course of their business.

i. Registration Fee for Reloading Machines and Bullet Proof Vest/Vestments — fee paid by manufacturers, importers and dealers for the processing and registration of reloading machines and bullet proof vests and vestments.

j. Permit to Transport Firearms and Ammunition — a permit issued to those authorized by law to transport their firearms to and from specified places.
1. Permit granted to individual licensees for the transport of their firearms for any of the following purposes: change of residence, transfer of ownership, repair of firearms by legitimate gun repair shops, and target practice at authorized firing ranges.

2. Permit granted to juridical entities to transport their firearms for the purposes of posting, repair, training and any other legitimate activity.

3. Permit granted to licensees or their authorized representatives to move firearms from source to residence, firing range, and any other authorized destinations, for Gun and Hunting Club Members who need to transport their firearms and ammunition from their residence to authorized and specified places.
k. Records Authentication Fee — fee charged to those who request authenticated copies of any document under the custody of FED and or papers that have been filed at FED.

l. Permit to Carry Firearms Outside of Residence — permit issued to individuals who are under actual threat or whose lives are in imminent danger due to the nature of their position, occupation or calling so as to enable them to carry their licensed firearms outside their residences.

m. Permit to Hold Competition — permit granted to recognized Gun Clubs and any other legitimate organization duly authorized to conduct or hold competitions.

n. Authority to Display Firearms — authority granted to authorized dealers of firearms, ammunition, major parts and ammunition components to display the same at their business establishments.

o. Permit to Hold an Armshow — permit issued to an applicant to organize and hold an armshow.

p. Administrative Fines for the Loss of Firearms Covered by Special Permit and Certificate of Registration — fines paid for the loss of firearms covered by Special Permit and Certificate of Registration.

q. Firearm Bond — amount intended as a security against the loss of licensed firearms and payment for the administrative fine as a consequence therein. It is likewise intended as a commitment bond to follow all existing laws and regulations. Firearms bond for firearms covered by Regular License (RL) in the amount equivalent to the administrative fine shall be deposited as a cash bond with any duly designated bank(s) with extensive network in the country capable of servicing the licensed firearm holders nationwide. The corresponding bond certificate shall be surrendered by the applicant/licensee to the Firearms and Explosive Division which shall be forfeited in favor of the Philippine National Police if and when a particular firearm is reported lost and/or upon revocation of license by proper authority.

r. Firearm Dealer's License — license authorizing the conduct of general business such as importation, purchase, possession, sale and transfer of firearms, ammunition, major spare parts and ammunition components.

s. Firearm Manufacturer's License — license authorizing the conduct of general business such as manufacture of firearms, ammunition, major spare parts and ammunition components.

t. Firearm Indentor's License — license authorizing the importation of firearms, ammunition, major spare parts and ammunition components purposely for the use of government entities.

u. License to Repair Firearms — license authorizing the conduct of repair of firearms.

v. Repairman's License (Gunsmith) — license authorizing a gunsmith to repair firearms.

w. Gun Club Recognition Fee — recognition fee before a Gun Club shall be duly registered and recognized by the PNP.

x. Air Gun Dealer's License — license authorizing the conduct of general business such as importation, purchase, possession, sale and transfer of air guns.

y. Air Gun Manufacturer's License — license, authorizing the conduct of general business, such as manufacture of air guns, spare parts and accessories.

z. License to Deal in Spare Parts, Accessories and Ammunition Components — license authorizing the conduct of general business, such as importation, sale and transfer of spare parts, accessories and ammunition components.

aa. Accreditation of Firing Ranges — accreditation issued by the PNP to Firing Range operator/owner after a thorough compliance to all requirements set forth by FED.

bb. Seminar Fee for Gun Safety and Responsible Gun Ownership — this is a fee collected from firearm license and PTCFOR applicants to cover for the seminar cost as required.

EXPLOSIVES AND EXPLOSIVE INGREDIENTS

cc. Dealer's License — license authorizing the importation, purchase, possession, sale, transfer, and general conduct of business handling explosives and their ingredients and any other similar substances.

dd. Manufacturer's License — license authorizing the manufacture of explosives or their ingredients and any other similar substances.

ee. Purchaser's License — license authorizing the purchase and possession of explosive or their ingredients and any other similar substance for use in mining, quarrying, road construction, salvaging operations and any other legitimate purpose.

ff. Foreman's License/Blaster License — license authorizing the purchase, possession and use of explosives and their ingredients by workmen in mines, quarries, road construction, salvaging operation and in any other legitimate purpose.

gg. Permit to Import Explosives/Explosives Ingredients — permit granted to all persons, entities or corporation applying to import explosives and explosive ingredients and any other similar substances as determined by competent authority.

hh. Permit to Unload Explosives and Explosive Ingredients — Permit issued to manufacturers, dealers, and purchasers in order to unload explosives, explosive ingredients and any other similar substances in any port of entry in the Philippines.

ii. Permit to Purchase Explosives/Explosive Ingredients — permit issued to any person, entity or corporation who shall purchase explosives/explosive ingredients for any legitimate purpose.

jj. Permit to Transport Pyrotechnics/Firecrackers — permit granted to all dealers or distributors of pyrotechnics and firecrackers for the transport of more than 50 kilograms of such items, specifying therein the place of origin and destination.

PYROTECHNICS AND FIRECRACKERS

kk. Pyrotechnics and Firecrackers Manufacturer's License — license authorizing manufacture of pyrotechnics and firecrackers.

ll. Pyrotechnics and Firecrackers Dealers License — license authorizing the purchase, possession, sale, distribution, movement of firecrackers and pyrotechnics for the general conduct of business within their respective authorized area as defined by competent authority.

SECTION 3. Scope. — These Implementing Rules and Regulations cover the charges and fees, exemptions, procedure of payment and administrative fines for all Firearm Licensees, Manufacturers, Dealers, Indentors, Repairmen, and Importers of firearms, ammunition, firearm accessories, spare parts, and ammunition components, explosives, and explosive ingredients, firecrackers and pyrotechnics, bullet proof vests, and vestments, reloading machines, as well as Gun Clubs, Hunting Clubs, Firing Ranges and all other transacting business with the Firearms and Explosives Division (FED), Civil Security Command (CIVISCOM).

SECTION 4. General Guidelines. —

a. The Firearms and Explosive Division (FED), CIVISCOM shall impose and implement these revised rates of license/registration/permit fees, other charges and administrative fines, relative to firearms, ammunition, spare parts, accessories, components, explosives, explosive ingredients, pyrotechnics, and firecrackers.

b. All fees shall be collected by the PNP Finance Service which shall provide a separate official receipt for this purpose.

SECTION 5. Exemptions. —

a. Firearm License Fees —

1. Registered organic firearms of the Philippine National Police (PNP), Armed Forces of the Philippines (AFP), National Bureau of Investigation (NBI), Bureau of Jail Management and Penology (BJMP), and other law enforcement agencies, including the National Police Commission (Napolcom) shall be exempt from payment of license fees provided for in this IRR.

2. All government employees and retirees from the government service and military officer reservists shall have 50% discount on firearms license fees and charges provided it shall not be less than P150.00 per firearm.

3. Senior citizens as provided for under the law shall have 20% discount on these charges.

b. Permit to Carry Firearms Outside Residence

1. The following shall be exempt from the PTCFOR fee:
a. Senior Government Officials

b. Senators and Congressman

c. Cabinet Members

d. Department Secretaries, Undersecretaries and Assistant Secretaries

e. Bureau Directors or Heads of Offices with Equivalent Rank and Heads and Members of Constitutional Commissions

f.  Justices of the Supreme Court and Court of Appeals

g. Ombudsman, Deputy Ombudsman and Assistant Ombudsman

h. Justices of the Sandiganbayan
2. Active AFP/PNP Personnel, Officials and Employees of the NBI, BJMP and Napolcom duly certified as such by their respective heads of offices, and Military Officer Reservists on Annual Duty Training or Week-End Active Duty Training.

3. All others whom the C, PNP may exempt from payment of PTCFOR fee.

4. All others whom the Office of the President may exempt as provided for by Section 6 of Executive Order 256.

SECTION 6. Payment of Fees and Charges. —

a. Procedures of Payment —

1. All applicants in Metro Manila shall submit all documentary requirements to the concerned branch such as Firearms Licensing Branch, Operations Branch, Storage Branch, Records Branch and PTCFOR Secretariat of FED, Camp Crame. Applications from the provinces may be filed at Provincial Police Commands or CIVISCOM Districts for evaluation, inspection and verification of the documents to ascertain their validity and completeness.

2. Order of Payment shall be issued by the concerned branch of Chief, Firearms Licensing Branch, Chief, Explosives Branch, Chief, Operations Branch, Chief, Storage Branch, Chief, Records Branch and Chief, PTCFOR Secretariat of the FES as the case may be for applications filed directly with FED. In cases of applications filed in the province, the PNP Provincial Director of said provinces shall issue Order of Payment. For applications filed directly at the Regional Headquarters, the District Director of the Regional CIVISCOM District Command may issue Order of Payment. The Order of Payment shall state all the data pertinent to the payment such as the payee's complete name, years covered by the payment, firearms data and others.

3. All payments shall be made to the Collection Officer of the PNP Finance Service or his authorized representative who shall render report to Director, PNP FS copy furnished Office, FED (Attention: Operations Branch).

4. All payments shall be covered by a separately marked Official Receipt (OR) which reflects all the pertinent data covered by the payment. The original OR or an authenticated photocopy of such shall be required in all other transactions before and after the approval of the license, permit or registration.

b. Fees and Charges to be Collected:
1. Annual Firearms License Fees
RATES
 
 
a. Rifle Cal .22 or lower
P150.00
 
b. Shotgun (All gauges)
175.00
 
c. Pistol/Revolver Cal .22 (Ordinary)
200.00
 
d. Pistol/Revolver Cal .25, .32, .38,. 380, 9mm, 7.65 mm., 6.35 mm
 
 
and Magnum .22 Rimfire
300.00
 
e. Pistol/Revolver Cal .357, .40 .41, .44, .45 and
 
Magnum Cal .22 Centerfire
350.00
 
High Powered Rifle/Sub-
 
Machine Gun
500.00
 
f. Any extra slide/barrel or conversion kit shall be assessed a license fee corresponding to fifty percent (50%) of the rate of said caliber
 
h. Air Pistol/Rifle Registration
 
Fee
100.00
 
(This is one time fee upon registration of subject air gun)

2. The cost of computerized plastic license cards and PTCFOR cards are not included in the license fees and charges being paid annually and must be shouldered by individual licensees.
a. Firearm Licensed Card
P45.00
 
 
b. PTCFOR Card
45.00
 
3. Permit to Carry Firearm outside of
Residence
2,000.00/permit
 
4. Registration Fee (one time)
a. Reloading Machine
3,000.00
 
 
 
b. Bullet Proof Vests and Vestments
800.00
 
5. Permit to Import Firearms, Ammunition, Spare Parts, Accessories and Ammunition Components
a. Firearms
P10.00/firearm
 
Payable upon arrival in the Philippines particularly at FED Bodega
b. Ammunition
0.05/pc
 
c. Components- Shells
0.01/pc
 
- Primers
0.01/pc
 
- Gunpowder
0.25/lb
 
d. Spare Parts/Barrels/Slides
5.00/pc
 
e. Firearms Accessories
0.01/pc
 
f. Bullet proof Vests and Vestments
500.00
 
6. Storage Fee (Monthly)       100.00/sqm

7. Permit to Transport Firearms/Ammunition
a. Gun Club (Quarterly)
300.00/firearm
 
b. Hunting Club (Quarterly)
300.00/firearm
 
c. Security Agencies
50.00/permit
 
d. Repair or Change of Residence and other legitimate movements of firearm by individuals and
other entities
50.00/permit
 
8. Record Authentication
20.00/copy
 

9. Permit to Hold Competition 
a. Invitational
1,000.00/permit
 
b. National
2,000.00/permit
 
No fee shall be imposed however on Philippine National Shooting Association (PNSA) - sponsored/ accredited competition.

10. Authority to Display Firearms       1,000.00/branch

11. Seminar Fee for Gun Safety and Responsibility    300.00

12. Administrative Fines for Loss of Government-owned firearms covered by Special Permit (SP) and Certificate of Registration (CR). 
a. Rifle Cal .22
500.00
 
b. Shotgun (All Gauges)
700.00
 
c. Pistol/Revolver Cal .22
   
(Ordinary)
800.00
 
d. Pistol/Revolver Cal .25,
 
.32, .38, .380, .9mm, 7.65 mm
 
6.35 mm and Magnum Cal .22
 
Rimfire
900.00
 
e. Pistol/Revolver Cal .357,
 
.40, .41, .44, .45 Magnum Cal
 
.22 Centerfire
1,000.00
 
f. High-powered Rifle/Sub-Machine Gun
1,000.00
 
13. Cash Bond for Firearms 
a. Rifle Cal .22
500.00
 
b. Shotgun (All Gauges)
700.00
 
c. Pistol/Revolver Cal .22
   
(Ordinary)
800.00
 
d. Pistol/Revolver Cal .25,
 
.32, .38, .380, .9mm, 7.65 mm
 
6.35 mm and Magnum Cal .22
 
Rimfire
900.00
 
e. Pistol/Revolver Cal .357,
 
.40, .41, .44, .45 Magnum Cal
 
.22 Centerfire
1,000.00
 
f. High-powered Rifle/Sub-Machine Gun
1,000.00
 
Security guards who lose their firearm in the performance of their duties without any negligence shall be exempted from paying this charge. Investigation report of the incident shall be submitted to Firearms and Explosives Division (Attention: Inspectorate Branch) for evaluation.

FIREARMS, AMMUNITION, SPARE PARTS, ACCESSORIES AND COMPONENTS
14. Dealer's License
2,500.00
 
15. Manufacturer's License
10,000.00
 
16. Indentor's License
2,000.00
 
17. License to Repair Firearms
2,000.00
 
18. Repairman's License (Gunsmith)
500.00
 
19. Recognition of Gun Club
2,500.00
 
(One each succeeding year, P100 per member shall be charged as their yearly recognition fee
20. Air Gun Dealer's License
1,500.00
 
21. Air Gun Manufacturer's License
3,000.00
 
22. License to Deal in Spare Parts, Accessories and Components
1,500.00
 
23. Accreditation of Firing Ranges
 
     
 
  a. Commercial
 
    1. New
5,000.00
 
    2. Renewal (Yearly)
2,500.00
 
     
 
  b. Private
 
    a. Initial
2,500.00
 
    b. Every Renewal (Yearly)
1,000.00
 
EXPLOSIVES AND EXPLOSIVES INGREDIENTS
24. Dealer's License
2,500.00
 
25. Manufacturer's License
10,000.00
 
26. Purchaser's License
1,000.00
 
27. Foreman's and Blaster's License
500.00
 
28. Permit to Unload
 
     
 
  a. Explosives/Explosives Ingredients in solid form
0.025/kg
 
     
 
  b. Explosives/Explosive Ingredients in liquid form
0.02/ltr
 
     
 
  c. Detonating Cords and Safety Fuse
0.01/mtr
 
     
 
 
  d. Blasting Caps and Connectors
0.01/pc
 
29. Permit to Import Explosives/Explosives Ingredients          300.00

30. Permit to Purchase Explosives/Explosives Ingredients per Application          300.00

31. Permit to Transport Pyrotechnics/Firecrackers per application              300.00

PYROTECHNICS AND FIRECRACKERS

32. Manufacturer's License               2,500.00

33. Dealer's License                       500.00

SECTION 7. Miscellaneous Provisions. —

a. No firearm application shall be approved by the FED, PNP without a certificate of attendance by the applicant in a seminar covering gun safety, responsibility, laws, regulations and other pertinent topics.

b. The seminar fee for Gun Safety and Responsible Gun Ownership shall be collected by the PNP Finance Service and shall be made available for use of FED and other PNP units involved in Firearms Licensing Operations, subject to accounting and auditing rules and regulations.

c. Private Security Agencies (PSAs) and Company Guard Forces (CGFs) shall be allowed to pay the cash bond for their existing firearms on a staggered basis over a period of five (5) years from the date of the effectivity of this IRR, provided, however, that such payments to be made shall be of equal amount each year; and provided further, that upon effectivity of this IRR, PSAs and CGFs, which will purchase/acquire new firearms, shall pay a corresponding cash bond on a maximum of four (4) installments over a period of one (1) year.

d. The Firearms and Explosives Division shall retain twenty percent (20%) of the total collections for firearms and explosives fees and charges to fund the direct operating expenses of the FED. Other PNP offices/units involved in the processing of firearms and explosives fees and charges shall submit the Estimates of Income and Revenue (EIR) from operations, together with their Program of Expenditures to the C, PNP (Attn: Director for Comptrollership), which shall be the basis for the control and utilization of the Trust Receipts. It is understood, however, that the disbursement of the above is subject to accounting and auditing rules and regulations.

Conformably with the provisions of R.A. No. 6963, the PNP shall continue to remit to the National Police Commission the funds collected from firearms license fees to support the Scholarship Program for surviving children of PNP members, excluding the twenty (20%) percent retention mandated by Section 3 of Executive Order No. 256 and fund support to other PNP units involved in the processing of firearms and explosives licenses.

e. All other PNP units involved in the implementing of these rules shall submit a monthly report of revenues collected pertaining these fees.

f. The Firearms and Explosives Division shall set-up and facilitate the computerization of Permit to Carry Firearms Outside of Residence. All applications for new issuance and renewal of PTCFOR shall be exclusively processed by the FED for the approval of C, PNP and C, FED respectively. Thereby, the authority of Regional Directors of the PNP Regional Commands is temporarily suspended due to the introduction of centralized data base for PTCFOR.

SECTION 8. Penal Clause. —

a. Any person found violating any provision of this Executive Order, shall be dealt with criminally and administratively as evidence warrants.

b. Surcharges/penalties shall be imposed on any person, entity, or corporation who shall fail to renew the issued license, permit or registration before the expiration date and shall pay the fees and charges as follows:
Surcharge
Month/s After Expiration
 
 
 
1. Ten Percent (10%)
One (1)
 
2. Twenty Percent (20%)
Two (2)
 
3. Thirty Percent (30%)
Three (3)
 
4. Forty Percent (40%)
Four (4)
 
5. Fifty Percent (50%)
Five (5)
 
6. One Hundred Percent (100%)
Six (6)
 
c. Firearm licenses not renewed after six (6) months are deemed revoked/cancelled and terminated. The firearms in such cases are subject to confiscation.

SECTION 9. These Implementing Rules and Regulations are promulgated pursuant to Section 8 of Executive Order 256 as approved by the Office of the President on 21 December 1995.

SECTION 10. Repealing Clause. — All orders, issuances and rules and regulations or parts thereof inconsistent with this IRR are hereby repealed or modified accordingly.

SECTION 11. Effectivity. — These Implementing Rules and Regulations shall take effect immediately.

Recommend Approval:

(SGD.) RECAREDO A. SARMIENTO II
Police Director General
Chief, PNP


Approved by Authority of the President:

(SGD.) RENATO C. CORONA
Deputy Executive Secretary
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