A Foreigner Cannot be In Possession Of A Firearm
When I first arrived in the Philippines I had learned that a foreigner in the Philippines could not own a firearm. Like many things I learned, and even read law on, I later found out I was mistaken.
When I was first researching the issue I found that a foreigner in possession of a gun could get life in prison for that. I don’t pretend to know any more what the sentence could actually be. There are many laws on the books that have been changed or repealed in the Philippines. A memo from the president in the Philippines can have the effect of law. Sometimes that law is challenged but until it is, it is the law of the land. For example the death penalty was repealed by using a memo. I think they call it a Presidential Order but I’m not sure I have the term correct.
I’ve seen countless instance of authoritative sources explaining just how a foreigner can own a gun. I’m still pretty certain a diplomat can. That is what is bothering me about the response I recieved from the chief of the Firearms and Explosive Office of the Philippine National Police.
I spent almost 20 years working with American law. That is just it though, it was American law and it was almost entirely about taxes. The first thing I learned, even while still in college was that there is ALWAYS an exception to the law. There are usually exceptions to the exception and court rulings that add even more complications to the matter. Working in such an environment can make one rather humble. I often found the more certain I was of a situation, the more likely there would be something that could negate that. I never thought of it but I bet that has contributed to my willingness to process new and opposing information.
The response I received from the PNP was short and allowed for no expecptions. It stated plainly that a foreigner could not possess a firearm. It went on to say that there was no constitutional right to allow a citizen to possess a firearm either.
Here is the meat of the letter I recieved in PDF format via email:
Furthermore, owning a firearm is not a constitutional right but a mere statutory
privilege granted to those qualified individuals.
So there it is. No exception and simple possession is enough to be in violation. What is possession in Philippine law? I don’t know. To me, If I’m holding a gun I am in possession of it.
If I got to a firing range where I can partake in target practice, I’m holding a gun. I have control over it and I decide how it gets used while it is in my hand. Still, I know it is common for foreigners to visit these locations and they do fire weapons there.
I know a foreigner that loves to go hunting on regulated game preserves in Mindanao. Though he is the only person I’ve every heard say that. That was the first time I ran into someone telling me you could possess a firearm in the Philippines. I thought to myself and thought he was just asking for heaps of trouble.
Then one day as I was headed to Bantayan Island, I was reading a local paper. I am not sure which one. Probably the Freeman or Cebu Daily News as those are the ones I read them most often. It detailed out the requirements for gun ownership in the Philippines. It provided in detail the fees required for a foreigner to own a gun in the Philippines. I was excited until I saw the fees and decided I wouldn’t be doing that.
I’ve owned a gun since I was in the fourth grade. That is when I got my first one. I thought it was the coolest thing on earth. I didn’t even realize that a 20 gauge was smaller than a 12 gauge. The point is, I’ve been around guns nearly all my life. I lived in the “country” for a year or two as a child. Some of best memories are of that time. I went hunting every time I could buy a box of shells as we called them.
I felt a little naked not being able to carry the 45 I had when I lived in Memphis. I had obtained a permit to carry after having the fear of death put into me by several sets of thugs not far from my home. Before I left the USA, I sold all my guns except for one. No way will I ever sell that 20 gauge.
Now I have the leading authority of enforcing gun laws in the Philippines tell me I cannot possess a firearm in the Philippines. That leave me to be forced to change my mind about what I thought to be true.
Now this law is by a presidential order. That means, should another president or the congress of the Philippines decide to, a different law could easily become the law of the land. Until that happens, I’m left with no choice but to conclude it is illegal for a foreigner to own a gun in the Philippines.
Tagged with: Expats • Foreigners • Guns • Philippine Law • Philippines
Filed under: Expats in the Philippines
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That is the thing I will miss most, being in the Philippines. I to feel naked without my guns. I carry a couple in my car or on my bike at all times. Most of the states I have lived in had open carry laws and I used them to the edge of the law. (Sometimes I may have crossed the line) I carry them for safety and protection of life and property. I have NEVER had to pull one out, and I would NEVER pull one out unless I had to use it, They are THE last resort. I wonder if a boat registered to a foreign port may keep weapons aboard while visiting the Philippines?
I wish we had some political influence but expats don’t have very much even in their own country.
This is policy. Policy can be changed.
Can’t see the government would have much interest in it. They have bigger problems. The government and Filipino really don’t like us getting involved in system.
There seems to be a need for foreigners to be able to carry. However there is the problem of insurgency. As a country with a long history of being occupied and with Al Qaeda needing a new home there is a lot of reason for the Philippines not being open tot he idea.
In most ares of the Philippines, you really don’t need to carry. Violent crime is not common.
I use to feel uneasy without a weapon but I really don’t any more. I thought I would get Jessie training at a gun range in Cebu and buy her a gun. I probably would have but I was so broke for a couple of years, I couldn’t do it.
I hope I’m not about to be broke again.
I haven’t earned much in the last week. I need to be building more websites.
Rusty,
Thanks for the info about guns. I work in law enforcement and will retire there in 2014. Would have liked to bring my .357, but i know it isn’t possible. I guess i will just give it away. Be safe
Well Gary maybe you will find the courage to go through life without a deadly weapon at hand. Try learning to use your fists or just develop a fierce willingness to mix it up to protect your safety and property no matter what your size or fighting ability. In other words grow a pair and put away the guns.
That is the way it once was and as alot of us went through life. We won and lost our share of battles and had the scars to show for it. In a few days the lumps would go down, the cuts would heal and life would go on. As we got older people respected our fierce willingness to defend what was right and didn’t push us to the point of having to do it.
That doesn’t always happen when fearful people are armed to the teeth. Last night we had an incident near here, where although the details arent completely clear, it seems a very drunk guy went into the wrong house and was shot dead by the over 6 foot, young burly owner of the house. A neighbor they interviewed said that it has happened in the past, that people went into the wrong house as every house around there looks the same. Now it seems the drunk was no saint he had a record and no one will miss him much maybe. The guy who shot him will probably get off for defending his home. But there is a price to pay to the shooter even if he does. He will always think why didn’t I just turn on the light, tell the drunk, “wrong house moron”! and throw him out the door. He will know the reason, because he was a coward afraid and with a gun. Nothing more dangerous than a cowardly frightened man with a gun. Willing to end anyones life to spare himself any risk.
Jodon, why did you feel the need to add “well … courage…” ?
Open you mind there are other legitimate views in the world that are different from your own. You attacked and there is absolutely not one reason to do so. Stop doing it.
Some of us feel it is a duty to carry a gun. I do, I think everyone that is capable of obtaining a gun permit should do so. I think they should be required to take a class and learn to use it. I did, I was always a horrible shot with a handgun but not after the class. After that, I was quite capable of putting large holes where I wanted them to be placed.
I will continue to hope that the Philippines will reconsider its current gun ownership.
WHY in the [heck] would you move to another country and then have the audasity to want or even suggest that they change their gun laws just so you can feel like a friggin tuff guy.I live in the PI ,I am in the stateds for a few months and then I am going back to PI for good . When I am home in PI I stay as far away from other Americans ,as I can possibly be . I will not talk to them and I dont want to . I have seen the nasty attitude that they bring to PI . Its that ” I am better they you crap ” and let me tell you , you may pull it off in the expat communities but up where I live , it wont fly . If you want to walk around with a gun strapped to your side then take your [butt] back to the USA and play cowboys and Indians with the rest of the maniacs .Why in the hell do you need to carry or even posses a gun in PI ??????
I would never go to another country and tell them what to do and I haven’t done so here.
I really don’t understand how you got that idea.
I tried to reason with you and you’ll have none of it. Fine, have it your way.
I’d like to know more about the fees required for a foreigner to legally own guns in the Philippines. I plan on retiring there with my Filipino-citizen wife one day. I would not feel comfortable there without a gun as my wife’s province has been labeled the “killing fields” of the Philippines. It’s not uncommon to hear gunfire or have politically-motivated assassinations occur.
i think foreigner can own a handgun in the philippines, probably if you already have a filipino citizenship and have been living here in the PI for around a decade. im not sure, but thats only a guess. I would recommend you to get a gun, since the atmosphere of gun ownership today is light. since the president is also one of us. Presidential Decree issued by President Estrada is way back 2000, that allows all Filipino citizens to own any firearms in any calibers, Full Auto or Semi Auto and no matter how many you owned. Its the President Executive Order 194 repealing all laws that prevents citizens gun ownership. Here is the link: http://elibrary.judiciary.gov.ph/index10.php?doctype=Executive%20Orders&docid=1218176884787924360 Hope this helps.
I wrote the PNP and they said it is not. As long as they are the ones doing the arresting and jailing and they hold that opinion, I will not challenge it.
What a Filipino citizen can do and what a foreigner can do are not related. Filipinos can own property and vote but I can’t. They can own a gun. The consitution grants the right for a Filipino to own a gun. It does not mention foreigners in any way. I’ve read it.
I have seen that Filipinos can own basically any types of guns and I’ve seen laws that regulate it. The president can write a memo that has the effect of law. So if he wrote it, it seems like it would be unconstitutional and could be challenged. It can also be undone by another president. I’d ask a gun shop and if they said you could, I’d double check with a lawyer that is well versed in the subject. But when the Chief of the PNP writes me and tells me no, I can’t, and they do the arresting that’s good enough for me.
Hi Rusty,
I just came across you very informative web site.
It is true what the PNP says about gun ownership.
I read the laws and from what I can reason only natural born Filipino Citizens of the Philippines can own a gun, permit to use it and or carry it.
From what I can figure your Girlfriend and or wife who is a “citizen could own it and leave it in the house. Now if you have an incident involving “bandits” and YOU use it in the House; remain on how the police will act towards you.
I was going to let it go but the other poster Jordan?
Labeling gun owners as cowards. I have no idea where he is referring to his alleged indent about the drunk took place?
But here in the PI houses do not look the same; not with all the “custom” work done by the owners.
His stupid comment about showing “courage” is a lesson in ignorance.
The “fights” I have seen ALWAYS at most time involve that stick knife or a very long Machete..
90% of the places in the Pi are safe; unless some one thinks you have allot of money because your an “American”; or abu sayuf and other Muslim group including organized crime.
Even if you some how cause a Filipino male to loose face; the odds are very very high you will be stabbed to dead very quickly..
Off the topic and maybe mentioned by you else where is when you “tip”. The person you offer the tip to doesn’t say no thank you..
I learned quickly if I am offered a “thank You” by a Filipino do not say no thank you; take it and thank them very enthusiastically for it. Saying no thank you is basically telling them what they are offering isn’t good enough or if money not enough. THAT can get you into allot of trouble – you caused him to loose face..
I’ve read the laws too and there is nothing there that indicates only citizens can own a weapon. It is policy that sets the rules, not law. It could be easily changed. No change in law is required. There are also exceptions such as ambassadors. The law only states that a certain agency will set the rules for gun ownership and possession.
Rusty,
I am aware of what you are saying and all the “memos” and “policies” you imply.
I am only remarking what I found written in the “formal” “laws on the books” as to what is says. For use lowly peons.
Yes I know I cold get a memo from the precedent saying I can own guns; carry them any where and ant when; but pigs would fly before that happens.
Something else, in the Philippines a presidential “memo” has the effect of law here. Probably from the Marcos years. Again though, easier to change than having any legislature debate it. Congress here sometimes challenges these memos, I think called Presidential Decrees, by taking it to the supreme court to show it is unconstitutional or try to.
I wasn’t arguing with you other than its not law. My main point is they Philippines could change it very easily if they wanted too.
I’m an accountant and worked for the IRS so I probably split hairs.
A law and a regulation are not the same thing. But the effect is often the same. Especially where the law says an agency will decide who and how guns are to be owned by. Which is what the law says.
In no way though was it meant to disagree with you.
The executive order you are referring to was written in 2000. SOP 13 which makes it illegal for a foreigner to own a gun in the Philippines was written in 2001. So if EO 194 did that, it was wiped out by SOP 13.
I just read a few more post, have you ever stopped to think that maybe just maybe the Philippine Government sees what is taking place in the USA and they dont want a bunch of armed Americans loose in their country. Why do you need to have a gun strapped to your side in PI ? What are you trying to prove ? You no longer live in America . Stop crying and either live with it or move back to the USA where you are more then welcome to walk the streets in your paranoid state of mind ,and shoot and kill who ever you want when ever you want for any reason .
The reason the Philippines doesn’t want foreigners to have guns is that there have been several times over their history where foreigners with guns took over their peace loving country.
There is a long term civil war going on in the southern part of the country and Islamic extremist would probably like to see that escalate.
I’ve had people come around and not understand me before. Oh well, I’ll get over it.
Have a good day Kevin.