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= Gun Politics in the Philippines =

First Gun in the Philippines
Due to economic and political connections with other countries such India and China via trade, the Philippines learned how to create their own guns, even before the Spanish era. The trading centers of Tondo, Malai, which is now known as Mindoro, and Sulu were assumed to be the first areas to have possessed and produced the first firearms in the Philippines.

Pre-Colonial Period
Gunpowder was brought to the Philippines during the 14th century, by Chinese traders. This gave the datus an opportunity to create new weapons against enemies. It was assumed that the common trading centers such as Tondo, Mindoro, and Sulu were the first to receive, use, and manufacture firearms.

Spanish Colonial Period
Guns were acquired from local gunsmiths and importers of guns. However, these legal gun sources were heavily controlled by the government through the form of contracts. This strict control was only for the Filipinos. However, there are also illegal sources of guns. Enemies of Spain smuggled guns for the use of rebels. There were also cases wherein local state officials have illegal transactions involving guns to these groups.

Present
Legal channels of gun sources include registered manufacturers, registered importers, registered exporters, and authorized dealers. In 1998, there were forty-five (45) registered firearms manufacturers, five-hundred twenty-two (522) authorized firearms dealers, and one-hundred thirty-three (133) gun repair shops. In 2009, there were thirty-three registered firearms manufacturers, twenty-five (25) firearms importers, three (3) firearms exporters, and one-hundred thirty-eight (138) authorized firearms dealers. Most legal guns are imported from the United States of America. These are mainly used by the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP). The pioneers of the arms manufacturing and dealing are ARMSCOR and P.B. Dionisio and Co. respectively.

Danao Arms Corporation (DAMCOR) and Workers League of Danao Multipurpose Cooperative (WORLD-MPC) are examples of local firearms manufacturers. These manufacturers are located in Danao, which is said to have the best gunsmiths in the Philippines. However, Danao is also known for many illegal gun trade and manufacturers.

Apart from gun theft through armed-exchange, insurgent groups inside the Philippines have been accused of being involved in illegal transactions involving smuggled firearms. These guns is said to have come from North Korea, China, Brazil, Argentina, and Taiwan. Apart from these sources, insurgent groups have also claimed to have the Armed Forces of the Philippines (AFP) as one of their sources for firearms and ammunition.

Spanish Colonial Period
The arrival of the Spaniards in the Philippines during the 16th century Spaniards caused major political and social changes in Philippine society. It was through civil and military power that the Spanish colonizers maintained supremacy over the Filipinos, both the indios and the Chinese.

The threat posed by the Filipino resistance compelled the Spanish colonizers to enforce an extensive control over the sale, possession, and use of firearms across the country.

American Colonial Period
During the American Period, gun regulation was re-established by the 1917 Administrative Code of the Philippines. The Philippine Constabulary was deputized to regulate the use, possession, manufacturing, and trading of guns in the Philippines, and the Chief of the Philippine Constabulary was empowered to issue licenses to dealers and sellers of guns. Under the code, “firearms” or “arms” were defined as, “rifles, muskets, carbines, shotguns, revolvers, pistols, and all other deadly weapons from which a bullet, ball, shot, shell, or any other missile may be discharged by means of gunpowder or other explosive.” The code prohibits the use of unlicensed guns. However, exemptions are given to military personnel, peace officers, prison guards, government officials, and those involved in hunting. Private individuals were also allowed to use firearms for self-defense and other lawful purposes. The involvement of any individual in an unlicensed trade or deal of firearms was declared prohibited.

Gun Proliferation and Violence
It is stated in the law that a civilian is allowed to own only one short arm and one long arm. However, despite the limit, the PNP sometimes grants exemptions to some, such as famous personalities, to own more firearms than that which is allowed. Illegal possession of firearms is not allowed in the Philippines, and those caught having with them illegal firearms will have to pay a fine of 15,000 pesos, and will be incarcerated. However, illegal firearm owners do not seem to be concerned about the penalty, as there is at least one report of gun violence per day, be it accidental or intentional. Most gun owners are only afraid of their own safety, and as such they procure guns. Legally, a handgun costs around less than 10,000 pesos plus an additional 320-800 pesos for registration, depending on the caliber of the gun, which, for a lot of Filipinos, can be quite expensive. Because of how expensive legally owning guns can be, many Filipinos turn to making homemade guns instead. However, ‘homemade’ gun making in the Philippines is illegal, but the number continues to increase. A study conducted showed that there was around 1,906,000 illegal guns in the Philippines, which is double the estimated number of legally licensed firearms.

Statistics on Firearm Ownership
According to Gunpolicy.org, 2005 data shows that civilians in the Philippines have around 3,900,000 guns in circulation of which only 775,000 are legally owned. As of 2013, there are 1,739,000 properly registered firearms with the FEO and an estimate of 610,000 pieces being illicit.

The Small Arms Survey 2007 ranks the Philippines at 101 on the list of countries by number of guns per capita. The country has 4.7 guns (both licit and illicit) per 100 residents, a statistic similar to Botswana, China, Cuba, Afghanistan, Taiwan and Zimbabwe.

As of May 6, 2015, 427,678 of the registered gun owners in the country have expired gun licenses with 346,777 of them being individual gun owners and the rest being juridical owners.

Gun Control During the Martial Law Era
The rapid increase of private armies of prominent families and the escalating crime rate in the Metro Manila posed as security threats for the Marcos Administration. On September 21, 1972, President Ferdinand Marcos declared Martial Law through Proclamation 1081 as an attempt to suppress the anti-Marcos movement and subvert the Philippine democratic government.

Under Proclamation 1081, uniformed personnel, including agents of the National Bureau of Investigation and Prison Guards, were authorized to carry firearms, while the use of unlicensed firearms was prohibited. Proclamation 1081 also provided guidelines on the classification of firearms.

Existing Laws on Ownership and Possession of Firearms
Government efforts are being made in order to minimize gun usage that may lead to violence.

In the Cordillera, they have increased police visibility around the barangay, as well as have the barangay have a more active effort in resolving conflicts within the community. There is also the Budong, a peace pact they do with other tribes to ensure no conflict arises between the communities present in this pact.

In Visayas, they had the Gun Amnesty Program, where those with unlicensed firearms can properly file for one, but the program has since ended. There is also the application of curfews, as well as barangay patrol.

In Mindanao, there are peace negotiations with the MILF, along with checkpoints and visibility of military, and application of curfews.

In NCR, select areas that are known to have brawls or violence have curfew hours, and barangay patrol.

In 2013, the Philippines has signed an Arms Trade Treaty, in order to regulate trade of firearms as a response to the proliferation of such weaponry, which have been known to cause violence and crimes.

In an attempt to curb violence related to elections, people are prevented from carrying or transporting firearms during election periods, even if they are licensed to do so, though exemptions can be issued by the Commission on Elections. During election periods, firearms licences cannot be issued, as stipulated by Resolution No. 2735, promulgated in 1994.

Republic Act No. 10591 is also known as the "Comprehensive Firearms and Ammunition Regulation Act”, which regulates the ownership of firearms in order to avoid the illegal proliferation of unlicensed or illegal firearms, was passed by the Aquino administration. Article II Sections 4-7 discuss the standards of who qualifies to own licensed firearms, with section 7 further discussing who from the qualified are considered to have theirs lives in imminent danger.

Licensure Process
Rules and regulations on the ownership and possession of firearms in the Philippines are outlined in Republic Act No. 10591 entitled “Comprehensive Firearms and Ammunition Regulation Act.”

License to Own and Possess Firearms
As per section 4 of RA 10591 which details the requirements to procure the License to Own and Possess Firearms (LTOPF), three stipulations must be satisfied in order to qualify for a license. The person must firstly be a Filipino citizen, at least twenty-one (21) years old upon filing the application for the license, and “has gainful work, occupation, or business or has filed an Income Tax Return (ITR) for the preceding year as proof of income, profession, business or occupation.” Each person who satisfies these stipulations must then submit three notarized copies of the application form to the Firearms and Explosives Office (FEO) of the Philippine National Police (PNP) along with the following requisites:
 * 1) Clearances from the Regional Trial Court (RTC) and Municipal/Metropolitan Trial Court (MTC) that have “jurisdiction over the place where the applicant resides;” This is to ensure that individuals applying for licenses haven’t been or are not in the process of being convicted of crimes “involving moral turpitude.” In the absence of the RTC or MTC, clearance from the Sandiganbayan will suffice.
 * 2) Neuro-psychiatric clearance issued by a psychologist or psychiatrist accredited by the PNP Health Service;
 * 3) Certification detailing that the applicant has passed the required drug test conducted by the PNP Crime Laboratory or an an accredited and authorized drug testing laboratory if the former is unavailable;
 * 4) Certification detailing that the applicant has passed the required gun safety and responsible gun ownership seminar conducted by the PNP or any PNP registered and authorized gun clubs;
 * 5) Directorate of Intelligence (DI) or Regional Intelligence Division (RID) clearance;
 * 6) Proof of citizenship in the form of a National Statistics Office (NSO) Birth Certificate, passport, Department of Foreign Affairs (DFA) Certificate of Filipino Citizenship, Oath of Allegiance / Certificate of Registration from BID for Dual Citizens or birth Certificate from the Local Civil Registry;
 * 7) At least two valid IDs with one being a valid government-issued ID;
 * 8) Proof of latest billing or a certification of residency from local barangay chairman
 * 9) Proof of income, the form of which varies as per the individual’s occupation.

Proof of Income
RA 10591 outlines that proof of income may be in the form of an ITR, Certificate of Employment, Business Permit, or any other appropriate document that of which is left to the approval of the FEO. These include a copy of Appointment Order and Oath of Office for government employees, J9 Clearance for military reservists, Certificate of Employment for Overseas Filipino Workers (OFW), and Retirement Order for retired government employees. These options were expanded by the PNP in their release of supplemental options on requirements in an attempt to simplify the process of licensure in the country. Thus, the following documents may also be submitted as proof of income:
 * 1) Pay slip;
 * 2) Registration from either the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) or Cooperative Development Authority (CDA) for business owners;
 * 3) Land CTC for farmers.

Ownership of Firearms and Ammunition by a Juridical Entity
Juridical entities may refer to “corporations, organizations, businesses” registered with the SEC, “single proprietorship and/or partnership” registered with the DTI, “cooperatives” registered with the CDA and Local Government Units (LGU). As per section 5 of RA 10591, these juridical entities must possess the following qualifications for them to apply for ownership of firearms and ammunition:
 * 1) Filipino-owned;
 * 2) A current, operational, and continuing concern;
 * 3) Has submitted all reportorial requirement to the SEC, DTI, and/or CDA;
 * 4) Has paid all income taxes for the previous year as stated by the Bureau of Internal Revenue (BIR);
 * 5) Has a valid License to Operate issued by the Director of the Civil Security Group (CSG) through the Supervisory Office for Security and Investigation Agencies (SOSIA) of the PNP.

Types of Licenses
The PNP issues five types of licenses, that of which vary in terms of the maximum number of firearms the citizen may possess at any given time. Type 1 licenses allow citizens to own a posses 2 registered firearms at most. Type 2 licenses allow for 5, Type 3 licenses for 10, Type 4 licenses for 15 and Type 5 licenses for any number greater than 15.

All licenses must be renewed every two years on or before the date of expiration. Failure to renew such may lead to the revocation of these licenses and, by extension, their registered owned firearms.

Carrying Policy
A qualified person whose life is under actual threat or in imminent danger due as a result of his/her profession, occupation, or business may apply for a permit to carry firearms outside of his/her residence or place of business. Republic Act No. 10591 lists professionals such as Members of the Philippine Bar, Certified Public Accountants, Accredited Media Practitioners, Cashiers, Bank Tellers, Priests, Ministers, Rabbi, Imams, Physicians, Nurses, Engineers, and Businessmen who are at a high risk of being targets of criminal acts, are considered to be in imminent danger due to the nature of their professions, occupation, or business.

Applicants must submit a threat assessment certificate from the PNP when applying for a permit to carry in order to prove that their life is under actual threat. The permit to carry firearms outside of residence or place of business will be issued by the Chief of the PNP or his duly authorized representative.

Implementation of Total Gun Ban
A nearly total gun ban is implemented during the election period in the Philippines. This ban states that any permit to carry firearms outside residence (PTCFOR), Letter Order (LO), or Mission Order (MO) are suspended. No one is allowed to carry firearms in public spaces including buildings, parks, streets, and private vehicles or public conveyances.

However, there are exceptions to this rule. A person may be able to carry firearms through a process by the Committee on the Ban on Firearms and Security Personnel (CBFSP) under the COMELEC. Once, an approval is given, the permit holder is allowed to carry guns during the specified period.

Penalties for Violations Against Laws on Gun Ownership and Possession
If a person, whether a civilian or a military official, gave an unofficial Authority to Carry Firearm and/or Ammunition Outside of Residence to another person, then they must serve a sentence of prison correccional.

If a person owns more than the allowed one short arm and one long arm, then they must serve a penalty of prison mayor. If a person legally owns a weapon, and does not have a permit-to-carry (PTC), but proceeds to take the weapon outside anyway, then they shall serve a penalty of prison correccional, and must pay a fine of 20,000 pesos.

If a person gives firearms, ammunition, or parts of firearms to someone who does not have a license, then the person who gave the firearms will have to serve the penalty of prision correccional, will have their license(s) revoked, and will not be able to register for possession of any more firearms.

If a public official in possession of a stolen firearm registers said firearm in knowledge that it was stolen, then they must serve the penalty of prison correccional.

Current State of Illicit Trafficking of Firearms into the Philippines
Firearms smuggling extend and operate beyond Philippine borders. These are organized by multinational crime syndicates. These crime syndicates have smuggled firearms made in America into the Philippines. Meanwhile, handguns made in the Philippines have also been illegally exported and smuggled into other Asian countries such as Japan and Taiwan.

As a response, the government has implemented countermeasures to fight firearms smuggling. The PNP now permits licensed firearms dealers to buy all types of firearms outside the country. Aside from liberalizing policies on the importation of firearms, the government now also permits the manufacturing of firearms in the Philippines. Various local law enforcement agencies have also implemented a stricter monitoring of possible entry points of smuggled firearms.

License to Manufacture and Deal Firearms
The license to manufacture or deal firearms is issued by The Secretary of the Department of the Interior and Local Government together with the PNP. This license allows for the manufacturing and assembling of firearms, ammunition, spare parts, and accessories, ammunition components, and reloading of ammunition, within the sites, areas, and factories they have stated in their license application, and the eventual sale of these manufacture firearms. They may also subcontract the manufacturing of these firearms and their parts.

The license to deal allows for the purchase, sale, and general business of in handling firearms.

Licensed manufacturers, dealers, or importance of firearms shall be required by the Chief of the PNP or a their authorized representative to submit reports on the inventory or have their inventory subject to an inspection.

Penalties for Violations Against Laws on Dealing and Manufacturing Firearms
If a person made, sold, traded, or owned illegal firearms, ammunitions, or devices used in making illegal firearms and ammunitions, they must pay a fine of 15,000 pesos, and serve the penalty of prision correccional. If the illegal weapon is a high-powered firearm, then one should pay a fine of 30,000 pesos, and serve the penalty of prision mayor.

Number of Licensed Gun Owners
An increase in the number of licensed firearms owners has been observed since the 1990’s. This number has been reported to have increased to approximately 1.7 million in 2014.

Number of Registered Firearms
The number of registered firearms have also been increasing.

It can be observed from the distribution chart that the government owns less than half of the total number of registered firearms. More than half are owned by private individuals. In 2011, 72.69% of all registered firearms are concentrated in Luzon. 12.89% are in Visayas, while the remaining 14.42% are in Mindanao.