Order 3: Weapons Control

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Order 3: Weapons Control
L. Paul Bremer, Coalition Provisional Authority
Deficient OCR, possibly incomplete. Original PDF available at Commons:Category:Coalition Provisional Authority documents.

COALITION PROVISIONAL AUTHORITY ORDER NUMBER 3 (REVISED)


(AMENDED)

WEAPONS CONTROL

Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
and under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolution 1483 (2003),

Recognizing that weapons control is necessary in order to ensure a secure environment
for the people of Iraq and to promote public order and safety,

I hereby promulgate the following:

Section 1
Definitions


1) “Coalition Forces” includes any and all personnel, including contractors, from
Coalition Member States under the command or direction of the Coalition Provisional
Authority or the Coalition Force Commander,

2) “Criminal Proceedings Law” means Criminal Proceedings Law No. 23 of 1971, as
amended, including amendments contained in CPA Memorandum Number 3,
Criminal Procedures, CPA/MEM/18 June 2003/03.

3) “Firearms" mean automatic (7.62mm (.308 caliber) and under) and non-automatic
rifles, shotguns and pistols for personal use, and associated ammunition. Such
firearms are subject to licensing by the Ministry of Interior. Firearms do not include
weapons rendered permanently inoperable, replicas, antiques or ceremonial weapons.

4) “Iraqi security forces” include any and all Iraqi personnel from the Iraqi Police
Service, Iraqi Civil Defense Corps, Facilities Protection Service, Iraqi Border and
Customs Police or any organization whose mission includes physical security that
may be established by the CPA or under Iraqi law subsequent to the signing of this
Order.

5) “Iraqi Weapons Code 1992” means the Law of Arms No. (13) of 1992, as amended
by Law No. (15) of 2000.

6) “Military Weapons” are any weapons systems, ammunition or explosives or explosive
devices of any type designed for use by any military forces but not including
“Firearms” as defined in this Order. Military Weapons do not include weapons

CPA/ORD/31 December 2003/3


rendered permanently inoperable, replicas, antiques or ceremonial weapons. Military
Weapons include “Special Category Weapons.”

7) “Penal Code” means the Penal Code Law No. (111) of 1969, as amended, including
Law (1) 2002 and CPA Order Number 7, Penal Code, CPA/ORD/9 June 2003/07.

8) “Public places” mean state-owned property, places of worship, holy sites, hospitals,
schools, gathering places such as town squares and parks, streets and such other
places that may be designated by the CPA,

9) “Special Category Weapons” are any explosives, improvised explosives or incendiary
devices, grenades, rockets, shells or mines and any means of discharging such items,
crew-served weapons of any kind, and Man Portable Air Defense Systems of any
kind.

Section 2
Relation to Existing Law


1) Article 6.2 of the Iraqi Weapons Code 1992 is hereby amended to suspend the
exemption set out therein for employees of the governmental and social sector.

2) Article 8.2 of the Iraqi Weapons Code 1992, concerning licensing requirements, is
amended to allow possession of no more than 50 rounds of ammunition for any
licensed firearm.

3) In all other respects, including the penalties provisions (with the exception of the
death penalty) the Iraqi Weapons Code 1992 remains in effect unless specifically
inconsistent with this Order, in which event this order will take precedence.

4) CPA/ORD/23 May 2003/03 is superceded by this Order.

Section 3
Authorized Possession and Use of Firearms and Military Weapons


1) The following individuals are authorized to possess and use issued Firearms and
Military Weapons, including Special Category Weapons:

a) Coalition Forces,

b) Iraqi security forces, and

CPA/ORD/31 December 2003/3


c) Groups and individuals who have been authorized to carry weapons in the course
of their duties by the CPA or Commander, Coalition Forces or their duly
authorized delegates.

2) Private security firms may be licensed by the Ministry of the Interior to possess and
use licensed Firearms and Military Weapons, excluding Special Category Weapons,
in the course of their duties, including in public places.

3) Individuals may be authorized to possess Firearms for personal use by obtaining
authorization from the Ministry of Interior, as described in Section 5 of this Order.

Section 4
General Prohibitions


1) Unauthorized possession, transport, distribution, or use of Firearms or Military
Weapons, including Special Category Weapons, is prohibited.

2) Other than as provided for in Section 3, no person shall possess or use any Firearms
or Military Weapons, including Special Category Weapons, in public places.

3) Other than by Coalition Forces and duly authorized Iraqi security forces whose duty
position requires the carrying of concealed weapons in the course of their duties, the
carrying of concealed weapons is prohibited.

4) All sales of Firearms and Military Weapons are prohibited, except as authorized by
the CPA.

Section 5
Weapons Authorization and Licensing


Individuals not otherwise authorized to possess or use Firearms or Military Weapons
by this or any other CPA instrument may apply for weapons authorization. The
licensing requirements for weapons set forth in the Iraqi Weapons Code 1992 and
administered by the Ministry of Interior remain in effect. Firearms for personal use
located in homes or places of business under rescinded Order Number 3
(CPA/ORD/23 May 2003/03) are subject to these licensing provisions. The Ministry
of Interior shall issue procedures and establish timelines for licensing such Firearms.
Possession of unlicensed Firearms in one’s home or place of business for personal
use, as permitted under rescinded Order Number 3, will continue to be authorized
until the new procedures for licensing such Firearms become effective in accordance
with a Public Notice to that effect.

CPA/ORD/31 December 2003/3


Section 6
Penalties


1) Firearms or Military Weapons, including Special Category Weapons, possession or
use of which is unauthorized, are subject to confiscation by Coalition Forces and other
relevant authorities.

2) Any person in violation of this Order may be detained, arrested, and prosecuted. If
convicted, all lawful punishments may be adjudged, and the following terms of
imprisonment will apply:

a.
For the conviction of unauthorized possession, transport, distribution, sale, or use
of a Military Weapon, excluding Special Category Weapons, a minimum term of
imprisonment of 6 months and maximum term of imprisonment of life
imprisonment.
b. For the conviction of possession, transport, distribution, sale, or use of a Special
Category Weapon, a minimum term of imprisonment of 30 years, unless the
proviso at paragraph 3 applies, and maximum term of imprisonment of life
imprisonment. Where a person may be convicted of another offense relating to the
use of a Special Category Weapon, the mandatory minimum term of imprisonment
of 30 years, unless the proviso at paragraph 3 applies, shall also be applied to that
conviction.
3) The mandatory minimum term of imprisonment of 30 years is subject to the proviso
that in exceptional circumstances relating to the offender or the offense, the
punishment may be reduced. The transport, distribution, sale or use of a Special
Category Weapon shall never constitute exceptional circumstances.

4) Except as provided in paragraphs 2 and 3 of this Section, sentences for convictions of
offenses under this Order or the Iraqi Weapons Code 1992 and which involve Military
Weapons, including Special Category Weapons, may not be reduced as a result of
mitigating excuse pursuant to paragraph 130 of the Penal Code. Persons convicted of
committing these offenses shall not be eligible for Conditional Discharge as set forth
in paragraph 331 of the Criminal Proceedings Law.

5) For the purposes of this Order, sentences of life imprisonment shall mean the
remaining natural life of the person.

CPA/ORD/31 December 2003/3

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).