Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

"Undead" U.N. Arms Trade Treaty Lurches Forward Despite Second Failed Conference

Friday, March 29, 2013

On March 28, the "Final" Conference on the United Nations Arms Trade Treaty came to a close without reaching its goal of consensus support for the treaty from the 193 nations in the body. Now, a group of nations led by Kenya, including the United States, has introduced a resolution to adopt the treaty to the UN General Assembly. A vote on the treaty is likely to take place in early April, with a meeting of the General Assembly having been scheduled for April 2. The goal of the states putting forth the resolution is for the treaty to be available for signing June 3. Passage of the treaty is expected, but a vote in the General Assembly has been described as a "weaker" method of adopting the treaty than the consensus adoption ATT backers had sought.

The final text of the treaty, issued March 27, does have a passing acknowledgement of individual gun rights in the preamble, which states, "Mindful of the legitimate trade and lawful ownership, and use of certain conventional arms for recreational, cultural, historical, and sporting activities, where such trade, ownership and use are permitted or protected by law." However, the preamble has no force of law and there are still several troublesome aspects of the treaty’s text.

Among the most egregious provisions, are the sections urging recordkeeping of "end users." Article 8 Section 1 implores importing countries to provide information to an exporting country regarding arms transfers, including "end use or end user documentation." Article 12 urges states to keep records of end users "for a minimum of ten years." Regardless of any attempt to sell the treaty to the American people, data kept on the end users of imported firearms is a registry, which is unacceptable. But worse, the treaty could force that information into the hands of foreign governments, whose records on privacy may be even more questionable than that of the U.S.

Also of concern is Article 5 Section 2, which demands "Each State Party shall establish and maintain a national control system, including a national control list, in order implement provisions of this treaty." This is followed by Section 3, which states "Each State Party is encouraged to apply the provisions of this Treaty to the broadest range of conventional arms." And Article 10 on "Brokering" requires "Each State Party shall take measures, pursuant to its national laws, to regulate brokering taking place under its jurisdiction for conventional arms." Such provisions could lead to a system of firearm registration and significant additional burdens being placed on the firearms industry as well as the millions of American gun owners who occasionally trade and sell firearms out of their own personal collections.

In arguing in favor of the treaty, the American Bar Association openly admitted that the treaty could have an adverse effect on the ability of Americans to acquire imported firearms, by defending import restrictions as "Constitutionally Valid." Also problematic with its analysis is that the ABA considers it "highly unlikely that current U.S. regulations [pertaining to imports] would be considered ‘inadequate’ and ‘inappropriate’ within the meaning of the proposed ATT." It is well documented that many foreign countries consider our gun laws inadequate; and such foreign sentiment could lead some countries to bar exports to the U.S. as a result. Some of the countries that produce many of the firearms Americans enjoy most – including Germany, Brazil and Italy -- have much more stringent domestic firearm laws than the U.S. Should their governments interpret the treaty in a manner in line with their domestic firearm policies, the variety and supply of imported firearms available to the American consumer could  be greatly diminished.

Thankfully, Senate ratification of the treaty remains a difficult hurdle for the Obama Administration, should they choose to sign the treaty. On March 23, the Senate adopted, by a margin of 53-45, an amendment to the Senate Budget Resolution for Fiscal Year 2014 offered by Sen. James Inhofe (R-Okla.) that "establish[es] a deficit-neutral reserve fund for the purpose of preventing the United States from entering into the United Nations Arms Trade Treaty." The effort is a welcome addition to the campaign led by Sen. Jerry Moran (R-Kans.) and Rep. Mike Kelly (R-Pa.) to pass concurrent resolutions opposing the treaty.

Additionally, negotiators working on behalf of America's law-abiding gun owners were able to help secure two important treaty exemptions protecting gun owners and hunters. One exempts antique and replica firearms from the scope of the treaty. The other allows countries to make exemptions from the treaty’s export-import requirements for travelling hunters.

In the coming days we will continue to monitor ATT developments as the process moves to the General Assembly and continue to work to ensure American gun owners never face a burden imposed by foreign bureaucrats.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

Colorado: Three Anti-Gun Bills Advance - Contact Representatives Now!

Thursday, April 18, 2024

Colorado: Three Anti-Gun Bills Advance - Contact Representatives Now!

Last night, the Colorado general Assembly continued its attempts to whittle down Second Amendment protections in Colorado. Two anti-gun bills, House Bill 24-1349 and House Bill 24-1353, passed the House Appropriations Committee and have advanced to the House floor, ...

Massachusetts: Contact the H. 4139 Conference Committee NOW

Friday, April 19, 2024

Massachusetts: Contact the H. 4139 Conference Committee NOW

For nearly a year, extreme anti-gun Massachusetts politicians have been pushing one of the most extreme gun control bills in the country.

Nebraska: Unicameral Adjourns Sine Die From 2024 Session - School Carry Signed Into Law!

Friday, April 19, 2024

Nebraska: Unicameral Adjourns Sine Die From 2024 Session - School Carry Signed Into Law!

Yesterday, the Nebraska Unicameral Legislature adjourned sine die from the 2024 legislative session.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.