Gun law – part 2

Last week, we started this short series on the Implementing Rules and Regulations (IRR) of Republic Act 10591, the Comprehensive Firearms and Ammunition Regulation Act, with General Louie T. Oppus, chief of the Firearms & Explosives Office (FEO) as our resource person.  Our extensive interview with Gen. Louie complements our initial interview with Major Ric Zapata, chief of the Enforcement & Inspection Section of the FEO.

On part 1 of this series, we outlined all the requirements for license application and gun registration in compliance with the new law, so we strongly advise first-time applicants for firearms licenses and registration to refer to our column last week. The new law may be stringent, especially for those existing gun owners who have managed in the past to apply for licenses and registration without personally appearing at the FEO but, trust me, this is no longer possible. For one, the applicant’s photo and biometrics will be taken on-site, and the psychiatric test is now mandatory and will be undertaken by the FEO’s own health service unit. Also, if you choose to be certified by a PNP- accredited gun club in lieu of the free gun safety seminar that the FEO gives as part of the requirements, the FEO reserves the right to randomly check members of gun clubs at the shooting range on gun safety and the responsible handling of firearms.

There are now different types of licenses to be issued to gun owners, depending on how many guns you possess. If you own up to two firearms, for instance, you would fall under Type 1. Type 2 is for those who own up to five firearms; Type 3 is for up to 10 firearms; Type 4 if you own up to 15 guns; and Type 5 for those who possess over 15 firearms. The schedule of fees and other charges have not been released yet, but the fees get much higher with each type. Senior citizens get the mandatory 20-percent discount, while those in government offices and in the Armed Forces are entitled to a 50-percent discount.

For sports shooters who must be bona fide members of accredited gun clubs, a Permit to Carry Outside of Residence (PTCOR 4) may be issued to allow them to carry a firearm outside of their residence.  With a PTCOR 4, one can carry as much as a thousand rounds versus a non-shooter who can only carry up to fifty rounds with a PTC 3. With a PTCOR 4, according to Gen. Oppus, “gun and ammo are one while with a PTC 3, separate yung ammo, separate yung gun.”

A Permit to Transport (PTT) on the other hand is for shooters to safely transport their firearm only from the residence to the range and back, or for ordinary citizens who have just purchased their firearm from a legitimate gun store. From the range or from the gun store, the gun owner is expected to return to his residence immediately. In contrast to the short validity of the PTT, the PTC 4 has a one-year validity.

We asked Gen. Louie some of the frequently asked questions referred to us by some of our readers:

What about present gun owners who have converted their guns from single fire to full auto?

According to the FEO chief, they now recognize two types of firearms: small arms which are basically semi-automatic intended to be fired from the hand or shoulder and not capable of fully automatic bursts or discharge, and light weapons.  Under the latter, Class A is for self-loading pistols, rifles and carbines, sub-machine guns, assault rifles and light machine guns not exceeding caliber 7.62 mm which have fully automatic mode. Class B Light weapons are designed for use by two or more persons serving as a crew, or rifles and machine guns exceeding caliber 7.62 mm and can only be issued to the AFP or other law-enforcement agencies, in which case these should be covered by a Memorandum Receipt or a Patrol Order.

Under the new law, no one may purchase automatic weapons (except law enforcement agencies) and gun stores have been duly advised of this. However, if you own and possess a licensed and registered automatic firearm, you can still re-register this firearm. This firearm can no longer be sold or transferred to anyone. There is also no chance of securing a Permit to Carry for such firearms, according to FEO. “Very specific ang batas,” said Gen. Oppus.

What about firearms that have been customized and converted from semi-auto to full auto?

With the new law, this is now considered illegal precisely because automatic firearms are now disallowed for individuals except for those who secured a license before the new law was approved. The customized guns should be converted back to semi-automatic, and the gun owner may secure a PTT to cover his trip from his residence to the gun smith. For this PTT, the FEO can give you one that is valid for up to one week.  Gen. Louie Oppus also reminds gun owners who have customized firearms to change the status of their firearm in their registration documents from automatic to semi-automatic.

I know that many gun aficionados, sports shooters, gun collectors or just anyone who has a passion for guns have gone into customizing their guns.  Best to heed the new gun law requirements if you want to stay within legal bounds because the new law is very specific about this.

 What about expired Permits to Carry — what should we do about them now?

Gen. Oppus says to simply complete the requirements for the application for PTC, bring these to the PTC Secretariat, complete your biometrics requirements, than just wait for the issuance of your new PTC.

Under the old law, it was only the President of the Philippines who was allowed to issue Permits to Carry. This authority has been delegated to the Chief of the Philippine National Police which has delegated the task to the PTC4 Secretariat now headed by Police Superintendent Ric Zapata.

Next week, more frequently asked questions on gun ownership on the third and concluding part of this series.

Mabuhay!!! Be proud to be a Filipino. 

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