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[ltr]Iraq * Press published the text of the "gun law" after the parliament approval by majority vote[/ltr]
[ltr][You must be registered and logged in to see this image.]BAGHDAD - Iraq Press - January 28: publish / Iraq Press / Text gun law after a vote by the Iraqi parliament Majority in its seventh of the second legislative term, the third legislative year, headed by Salim al-Jubouri, and the presence of 170 deputies, which includes a 35-paragraph, .az due to the law is working on identifying the right to grant licenses tenure Interior Ministry specifically in addition to the sales process and to ensure that documented the government agencies.
Based on what passed the House of Representatives and approved by the Presidency Council According to the provisions of subsection (I) of Article (61) and item of Article 73 of the Constitution.
Issued the following law:
No. () of 2008
Arms Act
Article 1 means the following expressions have the meanings shown towards them:
I. firearm: the pistol and rifle Mechanism quick shots and rifle hunting, and does not include guns that are used in sports and a voice that spoke to jump-start and start the games.
Second Military Weapon: user arms of the armed forces and internal security forces, except as provided for in item (i) of this Article.
Third gear: gunshot used in the firearm and all of its parts and cartridges.
IV war materiel: ammunition used in military weapons and all of its parts.
V. arms archaeological Awaltzkara or symbolic: the weapon that acquires without hardware for decoration, or a keepsake or icon and enters the suspended arms or in the holy places and public museums.
VI issuing authority: the Minister of Interior or his nominee for the issuance of licenses set forth in this law.
Article 2-exempt archaeological and commemorative and symbolic weapon of the provisions of this law.
Article-3 prohibits the import or export of military weapons or their parts or its equipment, possession or it won or carry chemical or repaired, transferred or delivered, received or trafficking in them.
Article-4 first - prevent the import or export of firearms or parts or materiel or manufacture, but the security and military devices.
Second prevent the possession and carrying of firearms, sell or repaired only vacation of the issuing authority
III A - vacation from the issuing authority to open a private sale of firearms and materiel shops holdings of citizens and locally may be located.
B - is entitled to possession of a firearm metaphor display his weapon for sale to the shops set forth in paragraph (a) of this item.
Article - 5. The types of vacations Maff Sensor
I. holiday possess and carry a firearm and doing its hardware
Second vacation reform firearm
III private possession of firearm weapon or vacation more in accordance with the provisions of subsection (ii) of Article (10) of this law.
IV holiday private ownership of a firearm or more, according to the provisions of subsection (I) of Article (11) of the Act.
V. holiday special to open the sale of firearms shop.
6. Product-First: the issuing authority on the request of her relationship with, any grant of leave provided for in Article (5) of the Act after the availability of the following conditions in the applicant:
A-be Iraqi.
(B) Complete (25) fifth and twenty years old with the exception of the protection of the MPs and ministers and their grade.
C-be upright morals and good reputation and behavior.
D-is convicted of a felony, non-political, or misdemeanor involving moral turpitude.
E uninfected Baouk physical or mental illness or psychological Amanaanh of the use of arms, that is supported by the report of the medical commission official.
(F) to be qualified technicians to carry a firearm or practice of the profession of sales or repairs under test conducted by the body determined by the issuing authority.
Second exempted from the provisions of subsection (I) of this Article staff in government departments and the public sector.
Article 7 defines forms of leave provided for in Article (5) of the Act with instructions issued by the Minister
Article 8 First: vacations are stipulated in Article (5) of the Act as follows:
A. unusable non of those that were in his name.
B-force for a period of five (5) years from the first month of January of the year in which they were made, except holidays set forth in items (ii) and (v) of Article (5) of this Act shall be valid for one year from the date on mentioned.
C-subject to the fee scheduled in the Schedule to this law in the cases of grants and renewal, and meets this drawing for Ojazatan provided for in items (i) and (iv) of Article (5) of the Act on the number of firearm described in each.
Second Issue shall designate an authority in the amount of holiday gear may be acquired, that for no longer than (50) rounds each pistol or rifle and (200) two hundred cartridge for each hunting rifle.
III met for the granting and renewal of actual leave provided for in items (ii) and (v) of Article (5) of the Act prescribed in Appendix Table fees in this law.
Article 9 First: the owner of the license application for the issuing authority to renew his license within (60) days of the expiration date
Second take into account the provisions of Article (6) and item (ii) of Article (8) of this Act upon renewal of arms licenses granted thereunder.
III when renewing vacation possess and carry a firearm and doing its hardware, met the drawing for the periods that have not renewed it.
10. First: Product-issuing authority to be granted per person vacation possession and carrying a rifle or a normal hunting rifle or a pistol or a hunting rifle and a pistol.
Second to the Minister of the Interior in special cases be granted special leave with possession of firearms increases the number stipulated in item (i) of this Article.
Product-11 First: interior minister be given when needed special vacation ownership of a firearm and one or more of the legal person Iraqis was or foreign Aoamnh more than a firearm natural person in order to preserve money or soul, and the moral person and his legal representative that shows what weapons .
Second appointed to the license granted under clause (i) of this Article, the number and the type of weapon and doing its hardware.
III student license that shows the authority to release the name of the person Awalachkas who meet the conditions set forth in this law to possess and carry the firearm mentioned special leave, to give both of them a vacation possess and carry a firearm and one of these weapons.
Article 12.-longer vacations of all kinds of weapons drawn in one of the following cases, the license holder or his representative or his heirs after his death delivered the license to the issuing authority to mark:
First: the death of the owner of the license or the demise of the personal spirituality of the moral person in whose name the license.
Second loss of the legal requirements for granted.
Third: a decision by the competent court to confiscate arms.
IV Weaponry ownership metaphor out to someone else to grant him leave.
V. failure to submit the application for renewal within the period specified in clause (i) of Article (9) of the Act with the exception of the license set forth in item (i) of Article (5) of this Act shall be inoperative during the period of non-renewal, nor owner may possess and carry a firearm during this period.
Article 13 First: the metaphor in case of withdrawal of his vacation to deliver the weapon immediately to the police station in the place of residence to meet with an official arrived, and has over 180 hundred and eighty days to act this weapon and doing its hardware by sale or otherwise of legal actions, to someone else meets the the conditions for granting the license, after the expiry of this period have the authority to release sale of weapons and equipment to calculate the owner in accordance with the provisions of the law and handed over the price.
Second apply the provisions of subsection (i) of this article in the event of the death of metaphor and the heirs or their deputies procedures set forth in said item and send the issuing authority instead of selling to the competent court to edit the estate for distribution to beneficiaries.
Article -14-First: Excluded from vacation possess and carry a firearm and doing its hardware:
A President of the Republic and his deputies.
B-Chairman of the House of Representatives and his deputies and members of the council.
(C) the Prime Minister and his deputies, ministers and their grade.
(D) the judiciary and public prosecutors and members of the diplomatic and consular personnel in Iraq, according to the rule of reciprocity.
Second it may possess and carry a firearm and doing its hardware from the army officers and internal security forces and employees of the National Security Service and employees of the anti-terror apparatus and the National Intelligence Service and the board of the popular crowd free document issued by the defense minister or the interior minister or the head of the National Jhazalamn or intelligence chief or head of the anti-terrorism device or chairman of the board of the popular crowd and the Minister of Interior and Peshmerga in Kurdistan or his nominee each of its affiliates.
III of the army officers and internal security forces and employees of the National Security Service and the National Intelligence Service and the Counter-terrorism and the board of the crowd People and Minister of Peshmerga and Interior in the Kurdistan region, possession of firearms donated them free document issued by the minister or the head of the body is related to the Ministry or authorized by them all.
Fourth-a- retains an officer in the army or the Internal Security Forces and member of the National Security Service and the National Intelligence Service and the Counter-terrorism free document issued to him after his retirement if a lieutenant or above is this document vacation permanently to possess and carry a firearm.
(B) after the death of the officer or employee covered by the provisions of paragraph (a) of this item transmitted document free of the firearm to the biggest of his children, and is a vacation for possession of a firearm if he meets the boy conditions set forth in item (i) of Article (6) of this Law.
V. person after the approval of the Minister of Interior possession of a firearm Mahdi him from official authorities that does not exceed two pieces of arms
Article -15- First: The heads of administrative units, judges, public prosecutors and judicial investigators and executors of reverse and managers of banks and employees of the Director General of the older grades of the salary scale and staff of the three presidencies possess and carry a firearm and doing its hardware document issued by the Minister of Interior or his nominee and register with the local police in if the demise of their careers described invalidate the provision of this document and they have delivered to the issuing authority within (60) days from the date of the demise of their character and may give them the license required for weapons which they have in accordance with the provisions of this law.
Second to the issuing authority to grant the license for possession and carrying of a firearm and doing its hardware without fee to the state employees other than the persons specified in item (i) of this article who require the duties and functions that support from their constituencies, and in the case of the demise of the recipe Position them tell the circles mentioned the issuing authority so, the holiday is drawn and delivered them with arms to the issuing authority within a period of Atzadaly seven (7) days from the date of the demise of such a quality about them, and may give them a license so the weapon according to the provisions of this law.
III may be seconded government firearms and materiel to state employees in the case provided for in item (ii) of this article and their specialty arms of the competent authority at the request of their constituencies and I receive them with weapons and materiel only after obtaining a license to possess or carry, give them the issuing authority without fee, and the departments mentioned re firearm gear is the consumer to the party that allocated when the demise of the recipe function for them, and send the license to the issuing authority for heroes.
IV Interior Minister secondment of government weapons to non-staff when necessary, check the public interest and relive them at the demise of the reasons justifying it.
V. guarantees of losing a firearm or doing its hardware loaned under items (iii) and (iv) of this Article three (3) times the estimated value of the time of loss if it will shorten it and the weakness of its value in the other cases.
Article -16-First: if claimed metaphor of possessing and carrying a firearm loss or damage vacationing Aovkdan weapon, which was granted by the license, for the issuing authority to ask the police conducting the investigation so.
Second, if proven loss or damage license gives its owner a new vacation allowance is lost, bearing No. preceding the holiday itself, and include the information contained therein for a fee multiplier for drawing scheduled for granting the license.
III if it is proved the loss of arms or damaged For Her delivery of the license to the version of the heroes of the authority, and then may be granted a new license for another weapon.
IV if it turns out not to lose the license validity of the claim, damage or loss of the weapon For the issuing authority to refer the owner to the investigating judge to take legal action against him and oblige the court when the judgment condemnation notice issuer.
V. is recognized when the loss or the free document, which is granted to an army officer or officers of the internal security forces or damage Vlozir defense and interior minister or his nominee, each provided with free Bdelha document.
Article - 17. The Minister and the approval of the Council of Ministers to decide to stop granting licenses possess and carry a firearm across the Republic of Iraq or in part for a period specified by the decision when for no reason to take this action.
Article-18 of the governor to issue a statement, published in one of the media, including the following:
First: to prevent licensees from carrying a firearm across the province or in part for a period specified by him, with the exception of some licensees for reasons acceptable and the approval of the provincial council.
Second prevent the entry of the population living outside the borders of the municipalities into the mentioned limits armed with a temporary period of time.
III received firearms owners, whether licensed or not by whether they licensed within the period specified by a meeting bringing it back to them and decide when the demise of reason, taking into account the provisions of Article (26) of the Act for non-licensees.
Article -19- First: the issuing authority and the metaphor sold firearm metaphor repaired by keeping records of who is appointed as the Minister of Interior.
Second on the metaphor to sell a firearm or repaired metaphor that displays its records to audit the competent issuing authority or appointed by for this purpose.
20. First: Product-foreigner may carry a firearm and doing its hardware in Iraq, according to the corresponding base Similarly, taking into account the provisions of this law.
Second on foreign when he entered Iraq give up its weapons and fiery doing its hardware to the nearest police station in the border crossing to meet arrived at the police station competent authorities news of this, but the owner obtaining the license on this weapon and not Vied him his gun with doing its hardware when leaving the Republic of Iraq, if otherwise in bad faith arms and ammunition confiscated by order of the competent authorities in addition to the sanctions imposed on it under this law.
III met sketch of a stranger, that granting the license according to item (ii) of this Article by Matstofih state of Iraq according to the rule of reciprocity in the absence of the availability of information for this rule is met from foreign fee prescribed in the table attached to this law even see the graphic that collected by his state of Iraqi, and then determines the amount of the fee accordingly.
Article -21- for the issuing authority to allow scientists to researchers who come to Iraq with a view to fishing for the purposes of scientific research or subscribe shooting matches held in the Republic of Iraq to enter, carrying and use of weapons of hunting and shooting with several rounds of no more than (500) five hundred rounds each and every one of them, that tell so the nearest police station where Maldihm and register of weapons and ammunition and requires taking out the weapons when they leave the Republic of Iraq.
Article-22 shall be exempt from punishment for each of the Tell possession of a weapon without a license and issuing authority granted the license in accordance with the provisions of this law, and in the case of non-approval apply the provisions of Article 13 of this Law.
Article-23 First: the issuing authority publish a statement in one of the media asking to Muslim weapons owners to government authorities under outgoing including their review of these authorities during a period (60) days from the date of publication for the purpose of delivery of these weapons to their owners on leave, and granting the license non-certified if they meet the legal requirements, and when it is not the end of the review period mentioned Hola decide to release the authority to confiscate these weapons and deposit it to the police depots.
Second: If you do not grant the license issuing authority for those who see the non-licensed during the period specified in item (i) of this Article delivers arms to power in question, to sell the account owner on according to the provisions of Article 13 of this Law.
Article - 24 -
First: penalty of imprisonment for each of the escaped firearms or parts or materiel or has their manufacture or trafficking without leave from the issuing authority and the penalty shall be death or life imprisonment if the crime was committed with a view to spreading terrorism or disturb public security or support any armed rebellion against the state.
Second punished by imprisonment for not less than 10 years both fled warfare weapons or parts or materiel or has their manufacture, the penalty shall be death or life imprisonment if the crime was committed with a view to spreading terrorism or disturb public security or support any armed rebellion against the government.
III shall be punished by imprisonment for not more than (1) one year each of the pregnancy or sold or repaired firearms or materiel without leave from the issuing authority and a fine of not less than (500,000) five hundred thousand dinars and not more than (1,000,000) million dinars anyone who possesses firearms or materiel without leave from the issuing authority.
IV shall be punished by imprisonment for not more than three (3) years and a fine of not less than (1,000,000) million and not more than (5000000) five million dinars each was a metaphor to carry a firearm and have him during his participation in demonstrations or rallies against the government, the penalty shall be prison if carrying weapons without a license.
V. punishable by imprisonment and a fine of not less than (100,000) one hundred thousand dinars and not more than (250,000) two hundred and fifty thousand dinars, or either Whoever violates the provisions of this law or instructions or data issued thereunder in circumstances other than those set forth in items (i) and (ii) and (iii) and (iv) of this Article.
Article - 25. punishable by a fine of not less than (100,000) one hundred thousand dinars and not more than (250,000) two hundred and fifty thousand dinars confused firearm which did not renew Ojasenh during the thirty (30) days of the expiration of the period specified in section history (I) of Article (9) of the Act.
Article - 26 - First - Court control the penalties provided for in Article 27 of this Law, in addition to that imposed by the customs departments of the fines in accordance with the Customs Act.
Second, if the court ruled the death of the penalties provided for in item (i) and (ii) of Article (27) of this law, it must order the confiscation of weapons and Ajasenh and doing its hardware and means of transport used in the commission of the offense, taking into account the state of the car owner's goodwill and with the exception of customs issues concerning customs departments where the imposition of the penalty of confiscation.
Thirdly - a - if the competent customs authorities decided to confiscate military weapons, contraband or parts or its equipment or guns usual contraband or parts or assets and the acquired decision-degree bits Vtaol weapons mentioned, their parts and materiel final to Mira Directorate at the Ministry of Defense, and Minister of Finance, upon the proposal of the General Authority for Customs, granting a reward to informants who have contributed to the discovery of the crime according to the law.
B - if the competent court decided to confiscate weapons of war it is contraband or parts or acquired assets and the degree of resolution bits Vtaol mentioned weapons, their parts and materiel to the final Meera Directorate of the Ministry of Defense.
C - if the competent court decided to confiscate firearms it is contraband or parts or acquired assets and the degree of resolution bits shall be credited to the said weapons, their parts and materiel to the Interior Ministry.
(D) decide to release the authority to give the weapons, their parts and materiel deposited them according to the provisions of paragraph (c) of clause (iii) of this article to one of the state departments that request it when you check it's needed and when there is a demand, the Ministry of the Interior to sell in accordance with the provisions of the sale and lease of Law Country .
Fourth - deposited military weapons, their parts and materiel rifles normal smuggled handguns smuggled, their parts and materiel to the nearest military point to sustained it and then when they find them, and is the military mentioned bringing these weapons in front of the competent authority to consider the issue as the need arises, either firearms is contraband, their parts and its equipment shall be credited when to find, to the nearest police station in the area where weapons were found on them for sustained it, to attend the police station such weapons before the court or the competent customs authority to consider the issue as the need arises.
Article - 27 - the provisions of this Act shall not apply to arms the user of the armed forces and internal security forces and security services.
Article - 28. General Commander of the Armed Forces to decide granting of the license to carry a weapon or possession of machine gun under the provisions of the law.
Article - 29 - Minister of the Interior in coordination with the Minister of Finance to reconsider the fees set forth in the Schedule to this law whenever the need arises.
Article - 30 - The Minister of the Interior instructions regarding the possession and carrying of arms and weapons of prey blunt, transfer or manufactured or repaired, import or traded.
Article - 31 - First - repealed Weapons Law No. (13) for the year 1992. The instructions issued thereunder window without prejudice to the provisions of this law until the issuance of the replaced or repealed.
Second - repealed the authority ordered the CPA (dissolved) No. (3) of 31/12/2003 (arms control) and the memorandum of the Coalition Provisional Authority (dissolved) No. (5) issued on 08.22.2003 (Implementation Order No. (3 ) on the control of arms).
III licenses issued weapons remain under the Weapons Act No. 13 of 1992 and published a year later (2003) in force until they expire or be replaced
Article - 32 - of this law shall be the date of its publication in the Official Gazette.
Reasons
Because the Weapons Law No. (13) for the year 1992, no longer keep pace with the current stage because of the large number of amendments made to it, especially Emre Coalition Provisional Authority (dissolved) numbered (3) at the 23/05/2003 and the revised (3) in the 31/12 / 2003 & Conditions inaccuracies contained in the translation is good, but the purpose of a law to accommodate developments that have taken place and set new controls to possess and carry a firearm and rehabilitation of citizen technically to carry arms, to determine the age of the person authorized possessing or carrying weapons, and the organization of the devolution of the weapon that the court decided to confiscate .anthy .oh
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