Are gun owners liable for crimes committed with their firearms?

MANILA, Philippines — The firearms that the two male Grade 9 students, aged 14 and 15, allegedly used to shoot up a school in Tacloban City last Monday belonged to the former’s aunt, a police staff sergeant, and a security agency where the latter’s grandfather previously worked.

In a statement on Tuesday, Philippine National Police (PNP) chief Gen. Jose Melencio Nartatez Jr. vowed that the agency will pursue cases against both gun owners over the incident.

“Let this serve as a warning to all registered gun owners on the responsibility—and accountability—that comes with the privilege of owning firearms,” Nartatez said.

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What laws and issuances can the gun owners connected to the incident be held liable for even if they did not commit the alleged crime themselves?

READ: Tacloban school shooting: Cop linked to gun relieved from post

RA No. 10591

Enacted in May 2013, Republic Act No. 10591, or the Comprehensive Firearms and Ammunition Regulation Act, defines a “loose firearm,” among other definitions, as “registered firearms in the possession of an individual other than the licensee.”

Further, Section 29 of RA No. 10591 states: “The use of a loose firearm, when inherent in the commission of a crime punishable under the Revised Penal Code or other special laws, shall be considered as an aggravating circumstance.”

Section 39 of the law also provides that the commission of a crime or offense involving a firearm, its ammunition, or its major parts would warrant the revocation, cancellation, or suspension of the gun’s permit.

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The same section of RA No. 10591 also states that a person’s gun license may be revoked, canceled, or suspended due to the loss of a firearm, its ammunition, or any parts “through negligence.”

The PNP, however, has yet to explain how the two minor suspects ended up in possession of the two firearms.

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It is the PNP Firearms and Explosives Office that has the power to revoke, cancel, or suspend a person’s gun license or permit.

Issued in September 2021, the Revised PNP Operational Procedures manual, a copy of which is available on the PNP Anti-Kidnapping Group’s website, prescribes the carrying of basic police equipment in Section 1.

“Every police officer on patrol, whether on board a vehicle or on foot patrol, shall always carry with him/her his/her issued firearm and other equipment such as, but not limited to, restraint device, impact device, and personal protective equipment,” the manual reads.

Meanwhile, National Police Commission (Napolcom) Memorandum Circular No. 2018-001, issued in April 2018, states that PNP uniformed personnel are authorized to have one short firearm issued “for the exclusive use in the performance of official duties.”

“The short firearm shall remain in the possession of the PNP uniformed personnel from the time of issuance until the day of separation from the service (retirement/resignation/dismissal/death),” the memorandum states.

However, Section 6 of PNP Memorandum Circular No. 2022-117, issued in August 2022, provides a penalty clause for violating the agency’s policy on firearms.

“Accountable PNP personnel who, through their fault or negligence, appropriated, taken or misappropriated, or has consented to the taking by another person of his issued handgun shall be criminally charged with the crime of malversation of public property under Article 217 of the Revised Penal Code as amended by RA No. 1060,” the memo reads.

“Likewise, an administrative charge of grave misconduct shall be filed against erring accountable personnel, pursuant to Rule 21, Section 2, C para 3(n) of Napolcom MC No. 2016-002 and Rule 10, Sec 50A(3) of 2017 Rules on Administrative Cases in the Civil Service (RACCS),” it adds.

READ: Tacloban City school shooters had target, according to the police

RA No. 11917

Lapsed into law in July 2022, Republic Act No. 11917, or the Private Security Service Industry Act, regulates private security companies and personnel.

Section 10 of RA No. 11917 states that a private security agency is entitled to possess firearms if they meet the requirements of the PNP in accordance with RA No. 10591.

The law also prescribes that only one firearm may be issued to each private security personnel.

Section 16 of the law provides that, “A license to operate a [private security agency] may be canceled, revoked or suspended by the Chief PNP when… it acted with gross negligence in dealing with violations or mistakes of its members or incompetency in its ranks.”

Tacloban school shooting

The Tacloban school shooting left three students dead and at least 20 others wounded.

Both minor suspects were taken into the custody of the police and the Department of Social Welfare and Development immediately after the incident last Monday.

The 14-year-old suspect’s aunt, a police staff sergeant who owned the 9mm pistol allegedly used during the incident, has been relieved from her post and placed under restrictive custody.

Both the PNP and Napolcom have launched investigations into the police staff sergeant’s liability for how her 9mm pistol ended up in her nephew’s possession.

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Meanwhile, the PNP has yet to give further details on the security agency that owns the caliber .38 revolver allegedly used during the incident. /mcm