Carrying firearms outside of residence without a permit

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Persida Acosta

Dear PAO,
Can my private car or a rental car be considered an extension of my residence, such that I can carry a firearm while in it? I have a license to own a gun, but I don’t have a permit to carry it yet. I would like to know the law applicable to my situation.
Sincerely yours,
Jasmine

Dear Jasmine,
The law that is applicable to your situation is Republic Act (RA) No. 10591, or Comprehensive Law on Firearms and Ammunitions. Article II, Section 7, which provides that apart from registering a gun, a gun owner also needs a permit to carry it outside his place of residence, which means his abode as indicated in his license, under Article I, Section 3 of the same law.

According to the aforesaid articles:

“aa) Residence refers to the place or places of abode of the licensed citizen as indicated in his/her license.” (Article I, Section 3)

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“Sec. 7. Carrying of Firearms Outside of Residence or Place of Business. – A permit to carry firearms outside of residence shall be issued by the Chief of the PNP or his/her duly authorized representative to any qualified person whose life is under actual threat or his/her life is in imminent danger due to the nature of his/her profession, occupation or business.” (Article II)

Based on the foregoing, your car cannot be considered an extension of your residence such that you may carry a firearm while in it. Furthermore, under Article V, Section 31 of this law, there is a corresponding penalty should a person be caught carrying a firearm outside his residence without the necessary permit, though the gun may be registered. According to the law:

“Sec. 31. Absence of Permit to Carry Outside of Residence. – The penalty of prision correccional and a fine of P10,000 shall be imposed upon any person who is licensed to own a firearm but who shall carry the registered firearm outside his/her residence without any legal authority therefor.”

Hence, the law clearly provides that you need to obtain a Permit to Carry License if you want to be able to carry your firearm outside of your residence otherwise you may be fined or imprisoned or both.

Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.

We hope that we were able to enlighten you on the matter.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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