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
Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

Just One More Step: Australia’s New Weapon Laws

News  

Monday, March 24, 2025

Just One More Step: Australia’s New Weapon Laws

Australia implemented a firearm ban and mandatory confiscation in 1996 pursuant to the National Firearms Agreement, in which nearly 700,000 privately-owned firearms were turned in to the government and destroyed. 

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

News  

Tuesday, March 25, 2025

House Judiciary Committee Votes to Advance Concealed Carry Reciprocity Legislation

On Tuesday, March 25, 2025, the House Judiciary Committee held a markup for several bills, including two NRA-backed bills. With this crucial step in the legislative process now complete, these pieces of legislation can now ...

Canada: A Fresh Gun Ban as Trudeau Exits

News  

Monday, March 17, 2025

Canada: A Fresh Gun Ban as Trudeau Exits

Just three months ago, Canada’s Liberal government announced that an additional 324 so-called “assault-style” firearms had been added to the list of banned guns established under then-Prime Minister Justin Trudeau in 2020.

NRA Applauds Governor Youngkin for Vetoing Two Dozen Anti-Second Amendment Bills

News  

Second Amendment  

Tuesday, March 25, 2025

NRA Applauds Governor Youngkin for Vetoing Two Dozen Anti-Second Amendment Bills

Yesterday, Virginia Governor Glenn Youngkin reaffirmed his support for the rights of law-abiding gun owners by vetoing two dozen bills that would have trampled on the Second Amendment freedoms of the citizens of the Commonwealth. ...

House Judiciary Committee Prepares to Advance Key Second Amendment Legislation

News  

Friday, March 21, 2025

House Judiciary Committee Prepares to Advance Key Second Amendment Legislation

The House Judiciary Committee, led by Chairman Jim Jordan (R-OH-04), is planning to hold a legislative markup on March 25, 2025 at 10 am EST.  The Committee will be considering several bills during this markup, two ...

New Jersey: Anti-Gun Bills Pass Assembly

Wednesday, March 26, 2025

New Jersey: Anti-Gun Bills Pass Assembly

On Monday, March 24, the Assembly passed several gun control bills. Most of the bills addressed issues which are already illegal under both state and federal law. It is an election year in New Jersey, ...

Florida: House Passes Bill Repealing Age Discrimination of Adults; Urge Senate Hearing - Take Action!

Thursday, March 27, 2025

Florida: House Passes Bill Repealing Age Discrimination of Adults; Urge Senate Hearing - Take Action!

Yesterday, the House voted 78-34 to pass House Bill 759, which restores the ability for young adults to acquire firearms by lowering the minimum age requirement to purchase from 21 to 18. The Senate companion, Senate Bill 920, has ...

Oregon: Update on Tomorrow’s Gun Bill Hearing in the Senate

Wednesday, March 26, 2025

Oregon: Update on Tomorrow’s Gun Bill Hearing in the Senate

Today, on the eve of the scheduled Senate Judiciary Committee hearing, SB 243, a placeholder bill that was directed at study background checks, received a 23-page amendment combining four anti-gun bills into a single omnibus ...

Colorado: FOID Bill Returns to Senate Tomorrow, More Bills on the Move

Thursday, March 27, 2025

Colorado: FOID Bill Returns to Senate Tomorrow, More Bills on the Move

On Friday, March 28th, Senate Bill 25-003, the semi-auto ban turned FOID-scheme bill, will return to the Senate floor for concurrence with the House amendments. If the Senate accepts the amendments, SB 25-003 will be transmitted to Governor ...

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.