Republic i he NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE DIRECTORATE FOR OPERATIONS 7 Camp Crame, Quezon City MEMORANDUM ae FOR : Chief, PNP APPROVED / DISAPBRoyeD THRU: TDCA TCO. , | Tacos . ~ TDC TDL FROM: TDO SUBJECT: Guidelines and Procedures for the Demilitarization and Disposal of Firearms, Explosives and Ammunition pate: — JUL.16 2013 1. References: a. Memorandum) Circular 2009-009 entitled "Revised Guidelines and Procedures in| the: Disposal of PNP Property and Equipment (PE) and the Disposition of the Income Derived Therefrom” dated June 9, 2009 . LO! 58/2010 entitled Disposal of Confiscated, Captured, Surrendered, Deposited, Abandoned and Forfeited (CCSDAF) Firearms dated October 10, 2010; ©. United Nations Destruction Handbook on Small, Light Weapons, Ammunitions and Explosives; d. Memorandum of Agreement between Armed Forces of the Philippines and the Philippine Nation Police dated 2006 for the Custody and Disposition of CCSD Firearms; and e. RA No 10591 entitled “Comprehensive Firearms and Ammunition Regulation Act’. s 2. Request approval and signature on the attached Command Memorandum Circular No. 24-2013, "Guidelines and Procedures for the Demilitarization and Disposal of Firearms, Explosives and Ammunition.” 3. The comments/additional inputs of the PNP QUAD Staff and the Legal Service were also considered in the CMC. GUDO, CESE JUL 0 1 2013 CUears\UseriDeektopIOPAPPIcover meme cme une ocpNp st ozs ie wpe ome MN 0 eo "4-9 2013 SION NINN —Tazs7oaRepublic of the Philippines NATIONAL POLICE COMMISSION NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE OFFICE OF THE CHIEF, PNP Camp Crame, Quezon City COMMAND MEMORADUM CIRCULAR No. 24-2013 SUBJECT Guidelines and Procedures for the Demilitarization and Disposal of Firearms, Explosives and Ammunition TO ¥ See Distribution pate «=; Ss JUL 2:3 0 1. REFERENCES: a. Memorandum Circular 2009-009 entitled “Revised Guidelines and Procedures in the Disposal of PNP Property and Equipment (PE) and the Disposition of the Income Derived Therefrom” dated June 9, 2009, b. LOI 58/2010 entitled Disposal of Confiscated, Captured, Surrendered, Deposited, Abandoned and Forfeited (CCSDAF) Firearms dated October 10, 2010; ¢. "A Destruction Handbook: Small Arms, Light Weapons, Ammunition and Explosives" published by the Department for Disarmament Affairs, UN; d. Memorandum of Agreement between the Armed Forces of the Philippines and the Philippine National Police dated 2006 on the Custody and Disposition of CCSD Firearms; and e. RA No. 10591 entitled "Comprehensive Firearms and Ammunition Regulation Act’, 2. PURPOSE: This Command Memorandum Circular (CMC) provides the guidelines and procedures to be undertaken by the PNP in the disposal of Firearms, Explosives and ‘Ammunition (FEA). 3. SCOPE: This CMC shall cover all Firearms, Explosives and Ammunition (FEA) ‘surrendered or tured in by the Former Rebels (FR) and including those classified as Confiscated, Captured, Surrendered, Deposited, Abandoned and Forfeited (CCSDAF) Firearms,4. DEFINATION OF TERMS: a. Accessories - refer to parts of a firearm or light weapon for purposes of embellishment thereof which may enhance or increase the operational efficiency or accuracy of a firearm or light weapon but will not constitute any major or minor internal parts thereof such as, but not limited to, laser ‘scope, telescopic sight and sound suppressor or silencer. Ammunition — shall_mean the complete round or its components, including cartridge cases, primers, propellant powder, explosive fillers, bullets or projectiles, which are used in weapons. Cannibalization — the process of removing serviceable paits or accessories from a functioning piece making it unusable for its intended purpose. Confiscated Firearm — refers to a firearm that is taken into custody by the PNP, NBI, PDEA and other law enforcement agencies by reason of their mandate and must be necessarily reported or turned over to the FEO of the PNP. Class A Light Weapons - refer to self-loading pistols, rifles and carbines, submachine guns, assault rifles and light machine guns not exceeding calibre 7.62MM which have fully automatic mode. Class B Light Weapons - refer to weapons designated for use by two (2) or more persons serving as a crew, or rifles and machine guns exceeding calibre 7.62MM such as heavy machine guns, handheld under barrel and mounted grenade launchers, portable anti- aircraft guns, portable anti-tank guns, recoilless rifles, portable launchers of anti-tank missile and rocket systems, portable launchers of anti-aircraft missile systems and mortars of a calibre of less than 100MM. Demilitarization ~ refers to the destruction of firearms, explosives and ammunition whereby all parts shall be rendered ineffective for use. Demilitarized Firearm — refers to a firearm deliberately made incapable of performing its main purpose of firing a projectile. Deposited Firearms — firearms tured in by a person for safekeeping and/or future licensing, Disposal — Sale by public bidding of the demilitarizedidestroyed firearms and the destruction of the ammunition and explosives per approved procedures. Disposition — the procedure to be followed in the handling of tumed-in firearms, explosives and ammunition to include acceptance, documentation, recording, decommissioning and demilitarization. This alsoincludes the procedure to be followed pertaining to the handling of turned- in ammunition and explosives from its acceptance, recording and disposal. Explosives - are materials that can undergo very rapid self-propagating decomposition, with formation of more stable materials, liberation of heat, and development of a sudden pressure effect. An explosive may be solid, liquid or gas. It may be a chemical compound, a mixture of compounds, a mixture of one or more compound and a one or more elements or any ammunition that may be used as an explosives. Firearms ~ refer to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive force of gases from buming gunpowder or other form of combustion or any similar instrument or implement. The barrel, frame or receiver is considered a firearm. Forfeited Firearm — refers to a firearm that is subject to forfeiture by feason of court order as accessory penalty or for the disposition by the FEO of the PNP of firearms considered as abandoned, surrendered, confiscated or revoked in compliance with existing rules and regulations. . High-Powered Firearms — firearms with bore bigger than caliber .38 for pistol and revolvers which include caliber .357, caliber .40, caliber .44, caliber .45, caliber .50 and caliber .22 center fire magnum and any caliber pistol with firing characteristics of a full automatic burst and three (3) round burst. Rifles and shotguns with bore bigger than caliber .22 and heavier than 12 gauge, respectively, are also classified as high-powered. All other firearms not on this category are low-powered. Homemade “Paltik” Firearms — firearms that are homemade and/or fabricated by person or entities that have no license to make or manufacture the same. |. Loose Firearm — refers to an unregistered firearm, an obliterated or altered firearm, firearm which has been lost or stolen, illegally manufactured firearm, registered firearm in the possession of an individual other than the license and those with revoked licences in accordance with the rules and regulations. Major Parts or Components of a Firearm — refer to the barrel, slide, cylinder and the bolt assembly. The term also includes any part or kit designed and intended for use in converting a semi-automatic burst to a full-automatic firearm. Minor Parts of Firearm ~ refer to the parts of the firearm other than the major parts which are necessary to effect and complete the action of expelling a projectile by way of combustion, except those classified as accessories.aa, bb. Registered Firearm — refers to small arms registered by licensed citizens or licensed juridical entities for ownership, possession and concealed/ carry in accordance with the type of license such licensee possesses. RFESAGSS - Regional Firearms Explosives Security Agency & Guard Supervisory Section ; Receiving unit - refers to any authorized unit of the Armed Forces of the Philippines (AFP) or the Philippine National Police (PNP). Storage Area — refers to the designated areas where the turned-in, inspected and inventoried firearms shall be received and temporarily stored until they are transported to the central regional/provincial warehouse. Serviceable Firearm — firearm that is capable of completing its cycle of operation. ‘Small Arm refer to firearms intended to be primarily designed for individual use or that which is generally considered to mean a weapon intended to be fired from the hand or shoulder, which are not capable of fully automatic burst of discharge such as handgun, rifles and shotgun. Surrendered Firearm — firearm handed over by members of the Former Rebels to the PNP for monetary consideration subject to appraisal and cost valuation Unserviceable Firearm — firearm that is considered beyond economic repair as per COA regulation on the appraisal of government properties. Warehouse ~ an authorized place within the Regional/Provincial PNP unit where all turned-in, inspected and inventoried firearms shall be stocked until final disposal, 5. GUIDELINES: a. Demilitarization and disposal of Firearms, Explosives and Ammunition shall be undertaken only at the level of the NHQ and PRO Disposal Committees. All disposal committees shall ensure that cannibalization is prohibited/prevented on the disposable firearms; All explosives shall be turned-in to the nearest Regional/Provincial Ordnance Unit for proper disposition; Demilitarization shall be done at the National and Regional level. However, if the bulk of the firearms are in the provinces, demilitarization shall be done at the provincial level;d. Disposal of the demilitarized firearms shall be subject to public bidding procedures to include the following; - Condemnatior/Destruction of Property; - Transfer of Property; - . Barter, = Donation of Property; and - Negotiated Sale e. Demilitarization Initiated by other Government Agencies/Entities maybe undertaken by the PNP with the proper support by the concerned Agency; f. Cash proceeds of disposal through sale by public bidding shall be directly remitted to the Collecting Officer of the Finance Service (FS), who shall issue the corresponding Official Receipt; g. All recommendations for demilitarization and disposal shall be subject to the final approval of the C, PNP; and h. All demilitarization and disposal are subject to the existing policies and regulations of the Commission on Audit. 6. COMPOSITION OF FIREARMS, EXPLOSIVE, AMMUNITION DISPOSAL COMMITTEE (FEADC) AND SECRETARIATS a. NATIONAL HEADQUARTERS (NHQ) FEADC 4) Director for Logistics - Chairman 2) Chief, Firearms and Explosives Office, CSG = - —_—-Vice Chairman 3) Chief, Law Enforcement Division, DO - Member 4) Chief, Accounting Division, DC - Member 5) Chief, Case Monitoring Division, DIDM Member 6) Chief, Property Disposal Management Division, LSS - Member 7) Chief, Supply Accounting and Monitoring Division, LSS- Member 8) Legal Service Representative Member 9) COA Representative - Witness b. NHQ FEAD Secretariat 1) Chief, Storage Branch, FEO - Head 2) Supply Accountable Officer, FEO - Assistant Head 3) FA & Ammunition Sec Representative, SMD, DL Member 4) Supply Accounting & Monitoring Rep, LSS Member ) EOD Representative, LSS - Member ) ) Case Monitoring Division Representative, DIDM Member Legal Service Representative - Member¢. POLICE REGIONAL OFFICE (PRO) FEADC 1) Deputy Regional Director for Administration - Chairman 2) Chief, Regional Logistics, Division - Vice Chairman 3) Chief , Regional Operation and Plans Division - | Member 4) Regional Supply Accountable Officer - Member 5) Chief, Regional Legal Service - Member 6) Chief, Regional investigation Division - Member 7) Chief, Regional Comptrollership Division = Member 8) Regional COA Representative - Witness d. PRO FEAD Secretariat 1) Assistant Chief, Regional Logistics Division - Head 2) RFESAGSS Representative - Assistant Head 3) Comptrollership Division Representative = Member 4) Regional Case Monitoring Division Representative- Member 7. Functions and Responsibilities: a. National FEADC: 1) Formulate and recommend to the C,PNP the implementing guidelines, policies/SOPs in the control, demilitarization and disposal of tumed-in firearms, explosives and ammunition of former rebels, and those confiscated, captured, surrendered, deposited, abandoned and forfeited (CCSDF) firearms that are currently on stock at the Logistics ‘Support Service (LSS) warehouse and Firearms and Explosives Office (FEO) storage; 2) Submit list of demilitarized and disposed FEA to the C, PNP(attn:DC) and ensure that the said firearms are properly dropped from the accountability of the concemed Supply Accountable Officer; 3) Ensure that the demilitarization and disposal are made consistent with the existing laws, rules and regulations; 4) Determine the place, date and time of demilitarization or disposal of FEAs that are in custody of the PNP; and 5) Manage the transportation, warehousing, demilitarization and disposal of FEAs, b. FEAs NHQ Secretariat : 1) Responsible for the documentation and recording of all Firearms, Explosives and Ammunition for demilitarization and disposal; 2) Prepare the pertinent papers for the demilitarization and disposal of FEAs and assist the Disposal Committee in the conduct of demilitarization and disposal; 3) Maintain records of demilitarized, destroyed or disposed FEA; 4) Prepare and submit all required logistical reports to the HQs and Accounting Division, ODC pertaining to the demilitarization and disposal; and5) Perform other duties and functions as maybe directed by the Chairman, FEADC. ¢, Regional FEADC: 1) The Regional FEADC shall lead in the control, demilitarization and disposal of all CCSDAF firearms in the Region in accordance with the National Committee guidelines and procedurs 2) Manage the transportation and warehousing of all FEA collected from different Provincial Police offices and Municipal Police Stations ; 3) Determine the place, date and time of demilitarization or disposal of FEAs; and 4) Submit reports to the National Headquarters after the demiltarization or disposal. d. FEAs Regional Secretariat : 1) Manage, monitor and compile all the data/details of FEA which are subject for demilitarization and disposal; 2) Prepare documentation and assist the Disposal Committee in the demilitarization and disposal activities; 3) Responsible in the maintenance and management of records with regards to demilitarization and disposal: 4) Submit report to the PRO Disposal Committee as regard to demilitarization and Disposal; 5) Maintain records of demilitarized, destroyed or disposed FEAs; and 8) Perform other duties and functions as maybe directed by the Chairman, PRO Disposal Committee. 8. PROCEDURE: a. Pre-Demilitarization of Firearms/Disposal of Explosives and Ammunition 1) Firearms a) Sorting and inspection of stocked ammunition in the chamber b) Itemizing and documentation of FEA. ©) Disassembling (separating metal parts from wood and aluminum). d) Pre-demilitarization inspection. 2) Explosives/Ammunition: a) Sorting, itemizing and documentation of explosives/ammunition b) Inspection and determination of condition of explosives/ammunition. ©) Determination of demolition materials to be used in the disposal of explosives/ammunition. 4) Identify safe disposal sites.». Demilitarization of Firearms/Disposal of Explosives and Ammunition 1) Firearms: a) Cut individual steel piece into sections using circular saw or blowtorch. b) Bend and deform each piece. ©) Deform hammer and trigger using blowtorch. d) Cut or chop wooden parts e) Stamp aluminium parts, 2) Explosives/Ammunition: a) Loading of explosives/ammunition to the safe disposal site. b) Disposal by detonation using electric or non- electric firing system. c. Post-Demilitarization of Firearms/ Disposal of Explosives and Ammunition; 1) Firearms: a) Sort and deposit in wooden crates for safekeeping/disposition. b) Sale through Public bidding. 2) Explosives/Ammunition: a) Clearing and securing the area. . Methods of Disposal of Demilitarized Firearms: 1) Sale through public bidding shall be the primary:method of disposal. 2) Sale through negotiation 3) Barter 4) Donate to other government agencies that are in need of the metals, to be used in their project upon approval of the C,PNP. ). Task: a.DO 1) OPR in the implementation of this CMC; and 2) Perform other tasks as directed, b.DL 4) The Director DL will sit as Chairman of the NHQ Disposal Committee; 2) Act as OPR in the firearms demilitarization processes; and 3) Perform other tasks as directed, ¢. DC 1) Provide fund support as required in the demilitarization process;2) Provide funds for the Secretariat; and 3) Perform other tasks as directed, d. DIDM 1) Identify if the firearms to be demilitarized are used in the commission of crime or is involved in a pending case: and 2) Perform other tasks as directed e. FEO, CSG 1) Act as member in the National and Regional FEADC ; 2) Issue permit to transport for the surrendered Firearms, Explosives and ammunition; 3) Conduct inventory of surrendered and deposited firearms prior to the demilitarization; 4) Responsible for the permanent disposition of the turned-in firearms, ammunition and other armaments: 5) Determine the ownership of surrendered firearms by Former Rebels; 6) Maintain appropriate records: and 7) Perform other tasks as directed, fLss 1) Chief, EOD will act as OPR in the demilitarization of explosives and ammunition; 2) Chief, Property Disposal Management Division will act as OPR in the disposal of firearms; 3) Maintain appropriate records; and 4) Perform other tasks as directed. g. RDs, PROs 1-13, CAR and ARMM 1) Organize FEADC in the Regional level ; 2) Ensure that the cash proceeds from disposal action are remitted to the Regional Finance Service Office (RFSO) 3) Ensure that firearms disposed are properly dropped from the accountability of the Supply Accountable Officer. 4) Submit appropriate reports; and 5) Perform other tasks as directed. 10. COORDINATING INSTRUCTIONS: a. Per COA Circular No. 95-006 dated May 8, 1995, a COA Representative shall serve as witness/observer during the disposal of unserviceable Properties and review in-house appraisal in aid of the post- audit of the transaction, including disbursements of the proceeds;b. All Firearms, Explosives and Ammunition for turn-in shall be issued a corresponding permit to transport by the FEO. c. This CMC supplements Memorandum Circular Number 2009- 009 dated June 9, 2009 “Revised Guidelines and Procedures in the Disposal of PNP Property and Equipment (PE) and the Disposition of the income derived there from” and the Guidelines and Procedures for the Disposition of Arms of CPLA pursuant to the MOA dated July 4, 2011, entitled * Towards the CPLA Final Disposition of Arms and Forces and its Transformation into a Potent Socio-economic and Unarmed Forces” and Memorandum dated November 11, 2012, subject Addendum to the Guidelines and Procedures for the DOF of the CPLA. 411. EFFECTIVITY: This CMC shall take effect upon approval, CPNP in soasaos Distribution ANTON A Oster 5054398 RO, PROs Dirs, NSUs Copy Furnished: ‘Command Group AFP OPAPP