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July 23, 2009

IMPLEMENTING RULES AND REGULATIONS TO EXECUTIVE ORDER NO. 817 DATED


JULY 7, 2009 "PROVIDING FOR THE GOVERNMENT'S INTENSIFIED CAMPAIGN
AGAINST LOOSE FIREARMS"

1.References:
a.Executive Order No. 817, "Providing for the Government's Intensi ed Campaign
Against Loose Firearms", dated July 7, 2009;
b.Presidential Decree No. 1866, as amended by Republic Act No. 8294,
"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 and Explosives, and Imposing Stiffer
Penalties for Certain Violations Thereof, and for Relevant Purposes", dated June 29,
1983;
c.Joint Communiqué of the First National Summit on Firearms Control on May
18-19, 2009 at Camp Crame, Quezon City; and
d.Supreme Court Circular No. 47-98 "Disposition of Firearms, Ammunitions or
Explosives in "Custodia Legis", dated September 11, 1998.
2.Purpose:
These Rules and Regulations shall implement Executive Order No. 817 issued on
July 7, 2009 entitled "Providing for the Government's Intensi ed Campaign Against
Loose Firearms".
3.Definition of Terms:
a.Captured, Con scated, Surrendered, Deposited, Abandoned and Forfeited
(CCSDAF) Firearms:
1)Captured Firearms — rearms recovered during military or law enforcement
operations;
2)Con scated Firearms — rearms seized in the conduct of law enforcement
operations;
3)Surrendered Firearms — rearms turned-in by any person (natural or juridical)
to the PNP;
4)Deposited Firearms — firearms deposited to the PNP for safekeeping;
5)Abandoned Firearms — deposited rearms which are unclaimed ve (5) years
after the date of deposit and forfeited in favor of the government without
need of any proceeding; and
6)Forfeited Firearms — abandoned rearms and rearms acquired by the
government through summary process or by order of the court.
b.Firearms — include ri es, muskets, carbines, shotguns, revolvers, pistols and all
other deadly weapons from which a bullet, ball, shot or other missile may be discharged
by means of gunpowder or other explosives. The term also includes air ri es and air
pistols not classi ed as toys under the provisions of Executive Order No. 712 dated
July 1981. The barrel of any firearm shall be considered a complete firearm;

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c.Firearms Amnesty — a privilege given to persons and/or juridical entities to
register loose firearms under conditions provided by law or statute granting the same;
d.Firearms Identi cation System (FIS) — a computer-based application program
used for veri cation of bullets and cartridges found in the crime scene with known
ballistic samples;
e.Firearms Information Management System (FIMS) — a computer program
designed to monitor the rearms life cycle from the time of manufacture/importation,
storage, sale/transfer, licensing and issuance of the rearms, control and monitoring of
licensed firearms, to include CCSDAF firearms, up to their destruction;
f.Firearms under "Custodia Legis" — firearms which are in the custody of a judicial
entity or Office of the Prosecutor as evidence in the prosecution of a case.
g.High-Powered Firearms — rearms 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 re magnum and any caliber pistol with ring characteristics of
full automatic burst and three (3) round burst. Ri es and shotguns with bore bigger
than caliber .22 and heavier than 12-gauge, respectively, are also classi ed as high-
powered;
h.Licensed Firearms — rearms that have undergone the licensing procedures of
the PNP;
i.Loose Firearms — unlicensed rearms or licensed rearms in the possession of
a person other than the registered owner. This includes firearms with expired licenses;
j.Low-powered Firearms — rearms not included in the high-powered rearms
category;
k.National Firearms Control Program (NFCP) — the government's program to
institute effective rearms control in the country through a last and nal general
rearms amnesty; accounting, inventory and registration of all rearms; legislation of
stricter rearms control laws; intensi ed continuing law enforcement actions and
advocacy for responsible gun ownership;
l.National Firearms Control Program Executive Committee (NFCP EXECOM) —
the committee composed of the different heads of partner agencies and
representatives of the community/NGOs that shall administer the rearms control
program;
m.Organic Firearms — all rearms recorded under the property book/records of
an agency, other than CCSDAF firearms;
n."Paltik" Firearms — rearms that are homemade and/or fabricated by persons
or entities that have no license to make or manufacture the same;
o.Registered Firearms — licensed rearms and rearms covered with Long
Certificates of Registration (LCR);
p.Secretariats — these are composite teams that shall be established in order to
support the NFCP at all levels in its day-to-day administration, management,
supervision and implementation of the NFCP;
q.Stash of Loose Firearms — a cache of three (3) or more loose rearms kept or
stored; and
r.Threat Groups — highly organized armed groups that employ violence or threats
of violence for the attainment of political aims and objectives. These groups are
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considered as threats to national security and stability.
4.General Principles:
a.The proliferation of loose rearms has been identi ed as one of the main
obstacles in the pursuit of peace and order.
b.The National Firearms Control Program, conceptualized in the First National
Summit on Firearms Control held on May 18 to 19, 2009 at Camp Crame, Quezon City
has the following components:
1)Legislation of Stricter Firearms Control Laws;
2)Last and Final General Firearms Amnesty;
3)Accounting, Inventory and Registration of all Firearms;
4)Intensified Continuing Law Enforcement Actions;
5)Total Gun Ban During Election Period and Prevention of Election-Related
Violent Incidents (ERVIs);
6)Advocacy for Responsible Gun Ownership; and
7)Other Firearms Control Related Concerns.
c.The NFCP shall be implemented through the NFCP Executive Committee,
supported by the NFCP Secretariat, to address all rearms control concerns with the
broad participation of all partner agencies, other stakeholders and the community.
d.The Armed Forces of the Philippines (AFP); the Bureau of Customs (BOC); the
Bureau of Immigration (BI); Of ce for Transportation Security, DOTC (OTS, DOTC);
Philippine Coast Guard (PCG); Philippine Ports Authority (PPA); the National Bureau of
Investigation (NBI); Philippine Drug Enforcement Agency (PDEA); Of ce of the
Assistant Secretary for the Interior, DILG (OASI, DILG); as well as all other Law
Enforcement Agencies (LEAs) and juridical entities shall actively participate in the
implementation of the NFCP.
e.The PNP, as the nal repository of all rearms in the country, pursuant to
Executive Order No. 61, shall maintain the FIMS and FIS.
f.A Last and Final General Firearms Amnesty shall be implemented to give all
individuals and juridical entities the opportunity to renew their expired licenses and/or
register all their loose firearms with the Philippine National Police.
5.Concept of Implementation:
The National Firearms Control Program shall be administered by an Executive
Committee (NFCP EXECOM), to be chaired by the Chief, Philippine National Police, with
the heads of participating agencies and selected members of the community/NGOs as
members. The NFCP EXECOM shall provide direction, control, and supervision in the
implementation of the National Firearms Control Program. The said NFCP EXECOM
shall be supported by a National Secretariat, headed by the Director, Civil Security
Group (CSG), PNP with the designated representatives of all partner agencies and the
community/NGOs as members. Counterpart Regional and Provincial NFCP Secretariats
shall also be established.
Joint Firearms Control Desks shall be established in all partner agencies/offices.
The National Firearms Control Program shall address the following major
concerns:
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a.Accounting of rearms with expired licenses and unregistered rearms in the
hands of the general population;
b.Accounting of organic and CCSDAF rearms of the AFP and other Law
Enforcement Agencies (LEAs), as well as, rearms owned by Local Government Units
(LGUs), Government Owned and Controlled Corporations (GOCCs), Government
Instrumentalities and other juridical entities;
c.Accounting of firearms under "Custodia Legis";
d.Recovery of rearms in the hands of threat groups and criminal elements in
crime/election violence prone areas;
e.Advocacy for responsible gun ownership; and
f.Legislative proposals for the enactment of stricter firearms control laws.
The National Firearms Control Program, in its broad implementation, is geared
towards reducing by at least 3 percent monthly the number of estimated loose
rearms nationwide. Priority efforts shall be focused on highly urbanized cities and
provinces most prone to the proliferation of loose rearms, criminality and election
violence. The PNP Rewards System shall include the provision of rewards for
information leading to the con scation/seizure of stashes of loose rearms. A massive
information campaign on the NFCP shall be orchestrated by the NFCP National
Secretariat.
All partner agencies shall actively participate in the broad implementation of the
program, as follows:
a.The Philippine National Police shall be the main implementing agency of the
National Firearms Control Program:
1)Lead agency in the implementation of Last and Final General Firearms
Amnesty;
2)Intensify continuing law enforcement actions against loose firearms;
3)Conduct a comprehensive accounting, inventory and registration of organic
firearms and accounting, inventory and disposal of CCSDAF firearms of the
PNP, AFP, other Law Enforcement Agencies (LEAs), GOCCs and other
juridical entities;
4)Maintain and update the FIMS and FIS;
5)Establish Joint Firearms Control Desks in all AFP Camps, other LEAs, LGUs,
GOCCs and other juridical entities;
6)Conceptualize a massive information campaign, with the active participation of
all partner agencies and community representatives/NGOs, to engender
popular awareness, appreciation and patronage of the National Firearms
Control Program;
7)Regularly convene the National Law Enforcement Coordinating Committee
(NALECC) to review existing rearms laws and regulations and propose
necessary amendments to institute an effective NFCP;
8)Provide rearms drop boxes in all its of ces where rearm owners can
abandon their "Paltik" or loose firearms during the amnesty period; and
9)Submit an Action Plan to the NFCP Secretariat.

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b.The Armed Forces of the Philippines shall be the lead agency in the recovery of
firearms with the threat groups:
1)Intensify the conduct of internal security operations to recover rearms in the
hands of threat groups;
2)Submit to the National Secretariat an inventory of organic and CCSDAF
firearms;
3)Accommodate and assist the operations of Joint Firearms Control Desks in all
AFP Camps;
4)Include in the Monthly Report to the NFCP Secretariat the accomplishments on
the implementation of Force and Arms Management component of the
Social Integration Program; and
5)Submit an Action Plan to the NFCP Secretariat.
c.The Bureau of Customs (BOC) shall be the lead agency for operations against
illicit rearms traf cking in all seaports, airports and postal/delivery services. The BOC
shall be assisted by the Bureau of Immigration (BI), Of ce for Transportation Security,
DOTC (OTS, DOTC), Philippine Coast Guard (PCG), and Philippine Ports Authority (PPA):
1)Responsibilities of the BOC:
a)As the lead agency, conceptualize a strategy to effectively check illicit
rearms traf cking in all airports, seaports and thru the
postal/delivery services;
b)Submit an Action Plan implementing the strategy to the NFCP
Secretariat;
c)Coordinate, orchestrate and supervise the conduct of interdiction
operations;
d)As necessary, organize composite operating teams in major seaports
and airports in the country;
e)Submit to the NFCP Secretariat an inventory of organic and CCSDAF
firearms;
f)Accommodate and assist the operations of Joint Firearms Control
Desks; and
g)Coordinate with the PNP Aviation Security Group (AVSEGRP) and/or
Maritime Group (MG) for operational support in the conduct of
interdiction operations and in the prosecution of cases.
2)Responsibilities of the BI:
a)Assist and cooperate with the BOC and other member agencies in the
formulation and implementation of the Inter-Agency Action Plan;
b)Monitor and execute the Implementation of alert lists (Watch list,
Blacklist, Hold Departure orders) on illicit firearms traffickers;
c)Initiate appropriate proceedings against foreign nationals arrested for
illicit firearms trafficking;
d)Submit to the NFCP Secretariat an inventory of organic and CCSDAF
firearms; and
e)Accommodate and assist the operations of Joint Firearms Control
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Desks.
3)Responsibilities of the OTS, DOTC:
a)The OTS, DOTC through the Civil Aviation Security Bureau (CASB),
Maritime Security Bureau (MSB), Land and Rail Security Bureau
(LRSB), and other allied security forces shall orchestrate, coordinate
and supervise interdiction operations by all partner and other law
enforcement agencies in all airports and seaports without BOC
offices/elements and in all land and rail transport terminals;
b)Assist in the conduct of interdiction operations against illicit rearms
traf cking in all airports and seaports in the country with BOC
offices/elements;
c)Assist and cooperate with the BOC and other member agencies in the
formulation and implementation of the Inter-Agency Action Plan;
d)Submit to the NFCP Secretariat an inventory of organic and CCSDAF
firearms;
e)Accommodate and assist the operations of Joint Firearms Control
Desks; and
f)Direct the LTO and other attached entities to coordinate, cooperate and
assist the PNP in the accounting, inventory and registration of their
firearms.
4)Responsibilities of the PCG:
a)Assist and cooperate with the BOC and other member agencies in the
formulation and implementation of the Inter-Agency Action Plan;
b)Intensify continuing law enforcement actions against piracy and
smuggling of firearms;
c)Submit to the NFCP Secretariat an inventory of organic and CCSDAF
firearms; and
d)Accommodate and assist the operations of Joint Firearms Control
Desks.
5)Responsibilities of the PPA:
a)Assist and cooperate with the BOC and other member agencies in the
formulation and implementation of the Inter-Agency Action Plan;
b)Assist in the conduct of interdiction operations against illicit rearms
trafficking in all PPA managed seaports;
c)Submit to the NFCP Secretariat an inventory of organic and CCSDAF
firearms; and
d)Accommodate and assist the operations of Joint Firearms Control
Desks.
d.The National Bureau of Investigation (NBI) shall be the lead agency in the
recovery of rearms in the hands of OCGs, wanted persons and criminals. It shall be
assisted by the Philippine Drug Enforcement Agency (PDEA):
1)Responsibilities of the NBI:
a)As the lead agency, conceptualize a strategy to recover rearms in the
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hands of OCGs, wanted persons and criminals;
b)Maintain an updated data base on OCGs wanted persons and criminals
and firearms in their possession;
c)Submit an Inter-Agency Action Plan to the NFCP Secretariat;
d)Coordinate, orchestrate and supervise the conduct of interdiction
operations;
e)As necessary, enlist the support of partner agencies in the conduct of
special operations;
f)Submit to the NFCP Secretariat an inventory of organic and CCSDAF
firearms;
g)Accommodate and assist the operations of Joint Firearms Control
Desks; and
h)Assist partner agencies in the investigation and prosecution of all cases
for violations of firearms laws upon request.
2)Responsibilities of the PDEA:
a)Assist and cooperate with the NBI in the formulation and
implementation of the Inter-Agency Action Plan;
b)Maintain an updated data base on OCGs and notorious personalities
involved in illegal drugs and firearms in their possession;
c)Intensify continuing law enforcement actions to recover all rearms in
the hands of OCGs and notorious personalities involved in illegal
drugs;
d)As necessary, enlist the support of partner agencies in the conduct of
special operations;
e)Submit to the NFCP Secretariat an inventory of organic and CCSDAF
firearms; and
f)Accommodate and assist the operations of Joint Firearms Control
Desks.
e.The Of ce of the Assistant Secretary for the Interior, DILG shall take the lead in
the accounting, inventory and registration of all rearms under the Bureau of Jail
Management and Penology (BJMP), Bureau of Fire Protection (BFP), Local Government
Units (LGUs) and Government Guard Units (GGUs):
1)Responsibilities of the Office of the Assistant Secretary for the Interior, DILG:
a)As the lead of ce, conceptualize a strategy to account for all organic
firearms of the BJMP, BFP, LGUs and GGUs;
b)Submit an Action Plan to the NFCP Secretariat; and
c)Direct the BJMP, BFP and all LGUs to coordinate, cooperate and assist
the PNP in the accounting, inventory and registration of rearms in
their respective agencies from the national down to barangay levels
and to accommodate and assist the operations of Joint Firearms
Control Desks.
2)Responsibilities of the BJMP, BFP, LGUs and GGUs:
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a)Submit to the NFCP Secretariat an inventory of organic and CCSDAF
firearms; and
b)Accommodate and assist the operations of Joint Firearms Control
Desks.
A Last and Final General Firearms Amnesty shall be implemented from October 1
to 31, 2009 as an ultimate opportunity for delinquent rearms holders to renew their
licenses and for unregistered rearms holders to have their rearms licensed in
accordance with the simpli ed procedures and guidelines to be issued by the PNP.
Upon termination of the Last and Final General Firearms Amnesty, the PNP shall
con scate all loose rearms and initiate legal actions against delinquent rearms
holders.
Licensing of "Paltik" rearms is not allowed. However, the PNP shall accept the
surrender of "Paltik" and loose rearms, to include high-powered rearms not quali ed
for amnesty, in favor of the government. Relatedly, the PNP shall also provide rearms
drop boxes in all its of ces where rearms owners can abandon their rearms in favor
of the government during the amnesty period.
The National Law Enforcement Coordinating Council (NALECC), in coordination
with other concerned government agencies, shall actively pursue its initiatives for the
amendment of existing firearms laws and regulations to institute an effective NFCP.
The PNP shall require all other entities authorized by various laws and charters to
possess or maintain rearms in their control and custody to include, among others,
Company Security Forces, Private Security/Detective Agencies, Training Institutions and
Gun Clubs to furnish the National Firearms Control Secretariat with an updated
inventory of all firearms in their control and custody.
6.Coordinating Instructions:
a.The Joint Firearms Control Desks shall be composed of the PNP
Logistics/Supply Of cers and their respective counterparts in partner agencies/of ces
at all levels. The Joint Firearms Control Desks shall facilitate the conduct of rearms
accounting, physical inventory, ballistics examination, registration and the subsequent
issuance of Long Certificates of Registration (LCR).
b.Community representatives/NGOs to the NFCP shall assist in the
implementation of the advocacy program.
c.All CCSDAF firearms shall be turned over to the PNP.
d.Firearms ballistics examination fees for all organic rearms shall be
shouldered by respective agencies/offices.
e.All lead agencies shall submit monthly accomplishment report on the
implementation of respective Action Plans to the NFCP National Secretariat for
consolidation and submission to the President.

f.Inter-operability and close coordination among all partner agencies must be


emphasized.
7.Amendments and Supplemental Rules:
The Chief, PNP may amend or supplement this Implementing Rules and
Regulations, subject to the approval/concurrence of the Secretary of the Interior and
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Local Government.
8.Effectivity:
This Implementing Rules and Regulations to Executive Order No. 817 shall take
effect on July 26, 2009.
DONE this 23rd day of July 2009, at Camp Crame, Quezon City, Philippines.

(SGD.) JESUS A. VERZOSA, CEO VI


Police Director General
Chief, PNP/
Chairman, NFCP EXECOM

Approved:
(SGD.) HON. RONALDO V. PUNO
Secretary
Department of the Interior and Local Government

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