COMELEC Resolution 10446: Who may bear, carry, or transport firearms or deadly weapons? - PH Trending

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Thursday, 14 February 2019

COMELEC Resolution 10446: Who may bear, carry, or transport firearms or deadly weapons?

Rule III, Section 6 of COMELEC Resolution 10446



RULE III: AUTHORITY TO BEAR, CARRY OR TRANSPORT FIREARMS OR OTHER DEADLY WEAPONS

SECTION 6. Who may bear, carry or transport firearms or deadly weapons. - Only the following persons may be authorized to bear, carry or transport Firearms or other Deadly Weapons during the Election Period:
SECTION 6. Who may bear, carry or transport firearms or deadly weapons. - Only the following persons may be authorized to bear, carry or transport Firearms or other Deadly Weapons during the Election Period:
  1. The President of the Republic of the Philippines;
  2. The Vice-President of the Republic of the Philippines;
  3. Senators and Members of the House of Representatives;
  4. Cabinet Secretaries;
  5. The Chief Justice and Justices of the Supreme Court, Justices of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals; and Judges of the Regional Trial courts and Municipal/Metropolitan/Circuit Trial Courts;
  6. The Ombudsman and Deputy Ombudsmen;
  7. The Chairmen and Commissioners of the Civil Service Commission (CSC) and the Commission on Audit (COA);
  8. The Chairperson and Commissioners of the Commission on Human Rights;
  9. Security Personnel of Foreign Diplomatic Corps, Missions and Establishments under international law, including Foreign Military Personnel in the Philippines covered by existing treaties and international agreements endorsed by the Secretary of the Department of Foreign Affairs and the Heads of Missions of foreign countries in the Philippines.
  10. Regular officers, members, and agents of the following agencies of the government who are actually performing law enforcement and/or security functions, Provided, That when in the possession of firearms, they are:
    1. in the regular plantilla of the said agencies and are receiving regular compensation for the services rendered in said agencies, (excluding confidential / temporary / contractual / casual agents, employees or personnel, as well as those under contracts of service, unless otherwise expressly authorized);
    2. in the agency-prescribed uniform showing clearly and legibly his name, rank and serial number or, in case rank and serial number are not applicable, displaying prominently the agency-issued identification card showing clearly his name and position, which shall remain visible at all times;
    3. duly authorized to possess firearm and to carry the same outside of residence by virtue of a valid permit to carry or a valid mission order or letter order;
    4. in the actual performance of official law enforcement and/or security duty, or are going to or returning from his dwelling/barracks or official station, and
    5. bearing, carrying or transporting a maximum of two (2) firearms;
      1. Officers and Members of the Philippine National Police (PNP);
      2. Commissioned Officers (COs), Non-Commissioned Officers (NCOs) and Enlisted Personnel (EP) of the Armed Forces of the Philippines (AFP);
      3. National Bureau of Investigation (NBI);
      4. Provincial and City Jails, Bureau of Corrections (BuCor), Department of Justice;
      5. Bureau of Jail Management and Penology (BJMP);
      6. (a) Intelligence Division and (b) Investigation Division of the Intelligence and Investigation Service; and the (c) Customs Police Division of the Enforcement and Security Service of the Bureau of Customs (BoC);
      7. Port Police Department, Philippine Ports Authority (PPA);
      8. Philippine Economic Zone Authority (PEZA) police forces;
      9. Government Guard Units (GGUs) regulated by the PNP under R.A. No. 5487;
      10. (a) The Commissioner and Deputy Commissioners, (b) members of the Law and Investigation Division and (c) members of the Intelligence Division, Bureau of Immigration (BI);
      11. Manila International Airport (MIA) Authority Police Force;
      12. Mactan-Cebu International Airport Authority Police Force;
      13. Law Enforcement Service of the Land Transportation Office (LTO);
      14. Philippine Coast Guard (PCG);
      15. Cebu Port Authority Police Force;
      16. Internal Security Operations Group (ISOG) of the Witness Protection, Security and Benefits Program of the Department of Justice;
      17. Enforcement and Investigation Division, Optical Media Board (OMB);
      18. (a) The Security Investigation and Transport Department (SITD), (b) Cash Department and (c) the Office of Special Investigation (OSI), Branch Operations of the Bangko Sentral ng Pilipinas (BSP);
      19. Offices of the Sergeant-At-Arms (OSAA) of (a) the Senate and (b) the House of Representatives, including the OSAA designated regular security escorts of Senators and Congressmen;
      20. Inspection Service of the Philippine Postal Corporation (PhilPost);
      21. Inspection, Monitoring and Investigation Service of the National Police Commission (NAPOLCOM);
      22. Forest Officers defined under PD No. 705, Forest/Park Rangers, Wildlife Officers, and Forest Protection and Law Enforcement Officers of the Department of Environment and Natural Resources (DENR) under DAO No. 1997-32;
      23. Bureau of Fire Protection (BFP)
      24. Intelligence and Security Unit, Office of the Secretary, Department of Foreign Affairs (DFA);
      25. Philippine Drug Enforcement Agency (PDEA);
      26. Philippine Center for Transnational Crime (PCTC);
      27. National Intelligence Coordinating Agency (NICA);
      28. Civilian Armed Forces Geographical Units (CAFGU) Active Auxiliaries and Special Civilian Armed Forces Geographical Units Active Auxiliaries already constituted upon the effectivity of this Resolution while within the barracks;
      29. Presidential Security Group (PSG);
      30. (a) Internal Security Division of the Bureau of the Treasury (BoT), (b) the Treasurer and Deputy Treasurers of the Philippines;
      31. Internal Security of the Office of the Vice-President;
      32. The Secretary, Undersecretaries, Assistant Secretaries of the Department of the Interior and Local Government and the Internal Security of the Office of the Secretary of the Interior and Local Government;
      33. Internal Security of the Office of the Secretary of National Defense;
      34. The Secretary, Undersecretaries, Assistant Secretaries, The Prosecutor General, Chief State Prosecutor, the State Prosecutor, and Prosecutors mentioned under R.A. 10071 of the National Prosecution Service of the Department of Justice;
      35. The Solicitor-General;
      36. Investigators and Prosecutors of the Office of the Ombudsman;
      37. The Chief Public Attorney;
      38. The officers and members of department/divisions/offices/units/ detachments performing law enforcement and/or security functions;
  11. Members of Private Security Service Providers (PSSPs); Provided, That, when in the possession of Firearms, they are:
    1. in the agency-prescribed uniform with the agency-issued identification card prominently displayed and visible at all times, showing clearly the name and position;
    2. in possession of a valid License to Exercise Security Profession (LESP) with Duty Detail Order (DDO), and valid firearms license of the agency/company where they are employed.
    3. deployed by PSA/PDS/CGF duly licensed by the PNP;
    4. in the actual performance of official duty at his specified place or area of duty; and
    5. carrying one (1) small firearm, unless specifically allowed otherwise under existing laws, rules and regulations;
  12. Other qualified individuals, who by the nature of their official duties, profession, business or occupation, such as but not limited to cashiers, disbursing officers, persons who are under the Witness Protection Program, etc., are considered as high risk individuals (HRI); Provided, That, in addition to those provided for by this Resolution, the following documents must be included in their application:
    1. Threat assessment issued and certified by the Chief of Police, PNP Provincial Director or PNP Regional Director having jurisdiction of the area where the applicant is a resident, and duly verified by the Directorate for Intelligence of the PNP;
    2. Endorsement coming from the Chief, Philippine National Police that the applicant is considered as high risk;
    3. In case of cashiers/disbursing officers:
      1. Certificate of employment stating that he/she is currently employed under the conditions stated in his application; and
      2. Other pertinent documents such as but not limited to financial statements, ITR of the Company/employer;
    4. in possession of valid License to Own and Possess Firearms, Permit to Carry Firearms Outside Residence; and other applicable firearms licenses;
In no instance shall the individuals mentioned above bear, carry or transport more than two (2) firearms.
  1. Competitive Sport Shooters, excluding alien citizens or foreigners, who will be participating in national and international classifier and qualifier matches scheduled prior to the Election Period, after having proven to the CBFSP their track record and history of participation in national and international recognized/sanctioned shooting competitions, in representation of their duly registered organizations and/or the Philippines, by submitting competent proof therefore, including, but not limited to:
    1. certification of bona fide membership in and inclusion in the official list of active members of the Philippine Practical Shooting Associations (PPSA), Philippine Shooters and Match Officers Confederation (PSMOC), the Philippine National Shooting Association (PNSA) and other organizations duly recognized, accredited and sanctioned by the Philippine Sports Commission (PSC) and/or the Philippine Olympic Committee (POC);
    2. participation in previous national and international classifier and qualifier matches from 2016 to 2018;
    3. registration as a competitor in national and international classifier and qualifier matches to be held during the Election Period as scheduled prior and submitted to the CBFSP by the appropriate sanctioning body/organization not later than December 31, 2018;
    4. recognition or designation as a sport shooter representing the sanctioning organization or the country;
    5. other competent documents and submissions relevant thereto; and
    6. Provided, That, when in the possession of Firearms, they are:

      f.1 Are going in the firing/shooting range or competition/match venue and/or returning from his dwelling after practice/training or match, without deviation;

      f.2 In possession of a valid LTOPF indicating therein the qualification "Sport Shooter";

      f.3 In possession a valid PTCFOR, or a Permit to Transport Firearm issued by the PNP FEO, both of which indicating therein the qualification "Sport Shooter"

      f.4 Firearm/s registration/s;

      f.5 Bearing, carrying or transporting a maximum of two (2) firearms;
For purposes of this provision, the PPSA, PSMOC, PNSA and other PSC/POC accredited organizations shall submit to the CBFSP the official list of its members, the schedule and dates of its sanctioned qualifier and classifier matches and competitions, whether domestic or international, including the names of the registered participants on or before December 31, 2018.
The applicable terms and conditions imposed by the PNP for the grant of the PTCFOR and/or PTT for Sport Shooters in the transport of competition firearm/s and ammunition not inconsistent with these Rules shall remain and subsist.
  1. The Chairman and the Commissioners of the Commission on Elections, the Executive Director, Deputy Executive Directors, Directors and Lawyers employed by and holding office in the Main Office of the Commission, Chiefs-of-Staff of the Offices of the Chairman and Commissioners, Regional Election Directors, Assistant Regional Election Directors, Provincial Election Supervisors, Regional Attorneys and Election Officers, and Organic Security Officers of the Commission on Elections.

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