FACT CHECK: Treaty unlikely to curb US gun rights
by TOM RAUM, Associated Press
Jul 27, 2012 | 2158 views | 8 8 comments | 3 3 recommendations | email to a friend | print
In this Feb. 10, 2011 file photo, National Rifle Association Executive Vice President and CEO Wayne LaPierre speaks in Washington. Negotiators at the United Nations are working against a Friday deadline to put final touches on a treaty cracking down on the $60 billion global illicit trade in small arms, a move aimed at curbing violence in some of the most troubled corners of the world. In the United States, gun activists denounce it as an end-run around their constitutional right to bear arms. (AP Photo/Alex Brandon, File)
In this Feb. 10, 2011 file photo, National Rifle Association Executive Vice President and CEO Wayne LaPierre speaks in Washington. Negotiators at the United Nations are working against a Friday deadline to put final touches on a treaty cracking down on the $60 billion global illicit trade in small arms, a move aimed at curbing violence in some of the most troubled corners of the world. In the United States, gun activists denounce it as an end-run around their constitutional right to bear arms. (AP Photo/Alex Brandon, File)
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WASHINGTON (AP) — Negotiators at the United Nations are working to put final touches on a treaty cracking down on the global, $60 billion business of illicit trading in small arms, a move aimed at curbing violence in some of the most troubled corners of the world. In the United States, gun activists denounce it as an end run around their constitutional right to bear arms.

"Without apology, the NRA wants no part of any treaty that infringes on the precious right of lawful Americans to keep and bear arms," National Rifle Association Executive Vice President Wayne LaPierre told the U.N. this month. "Any treaty that includes civilian firearms ownership in its scope will be met with the NRA's greatest force of opposition."

And treaty opponent John Bolton, who was President George W. Bush's ambassador to the U.N., wrote that gun-control advocates "hope to use restrictions on international gun sales to control gun sales at home."

But what both ignore is a well-enshrined legal principle that says no treaty can override the Constitution or U.S. laws.

In fact, a first draft of the treaty circulated in New York this week has been criticized by arms-control activists for containing too many loopholes. For instance, it doesn't include a proposed ban on ammunition trade. Gun activists are standing firm in near-blanket opposition to such a ban, as last Friday's deadly Aurora, Colo., theater shooting rampage heightens interest in the deliberations and raises the stakes.

While the treaty controversy is simmering in Congress and on the Internet, it hasn't yet become a burning issue in the presidential race.

President Barack Obama supports the treaty effort but hasn't talked about it on the campaign trail. Presumptive Republican nominee Mitt Romney hasn't specifically addressed the treaty but broadly opposes what he sees as overreach by the U.N. on many fronts.

"I'm willing to talk there. I'm not willing to give the United Nations sovereignty in any way or form" over U.S. citizens or law, Romney said at a July 18 town hall in Bowling Green, Ohio.

Romney and Obama did spar long-distance over the narrower issue of U.S. gun control laws this week, with Obama suggesting stiffer regulations in a speech Wednesday night to the National Urban League and Romney arguing in an NBC interview from London, where he is traveling, that America does not need new gun laws.

The Constitution's Second Amendment offers broad protection for weapons ownership by civilians. As recently as 2008, the Supreme Court affirmed this when it struck down a ban on handguns in the District of Columbia, ruling that individuals have a constitutional right to keep guns for self-defense and other purposes. Period.

The court also has ruled separately that treaty obligations may not infringe on individual constitutional protections and rights within U.S. borders. This goes back at least to a 1920 ruling that a migratory bird treaty with Canada, which prohibited the hunting or capturing of certain birds, was an unconstitutional interference with states' rights under the 10th Amendment.

Treaties are government-to-government agreements and do not subject citizens of one nation to laws of another or to those of an outside body.

Also, the U.N. resolution that authorized drafting of the small arms treaty recognizes the clear-cut right of nations "to regulate internal transfers of arms" and says nothing in the treaty that emerges will affect "constitutional protections on private ownership" of firearms.

Beyond that, there are many court rulings spelling out the limits of treaties. And if an act of Congress is inconsistent with a treaty obligation, the law passed by Congress prevails. Legal scholars say this has been well-established, including a long history of cases involving Indian treaties. Various international treaties with Indian tribes were abrogated by Congress — and courts ruled in favor of Congress, much to the displeasure of the tribes.

A proposed treaty to regulate exports and imports of small weapons has been on the U.N. agenda since 2006, and Bush ordered a U.S. veto of that move.

Obama got the process rolling again in 2010. So far, 152 nations have participated in the drafting and Secretary of State Hillary Rodham Clinton has pledged to push for Senate ratification once there is a final document.

But it may be an empty gesture.

Treaties must be ratified by two-thirds of the 100-member Senate, or 67 votes. And with pressure mounting from the gun lobby, led by the politically powerful NRA, a bipartisan letter opposing such a treaty already gained the signatures of well over 50 senators.

Even so, mushrooming fears have spread on the Internet and on social networks lately, with some pro-gun activists even suggesting the Obama administration was capitalizing on the Colorado killings to advance its case for gun control and others portraying it as a darker plot by the U.N. to expand its reach.

The controversy feeds into suggestions by many conservatives that Obama ultimately hopes to ban possession of firearms, even though he has stood up for protecting Second Amendment rights.

Some gun-rights advocates acknowledge that a treaty by itself wouldn't likely undercut these Second Amendment guarantees.

"But there are all kinds of ways that international law insinuates itself into U.S. law even when there's not a formal ratification," said David Kopel, research director for the conservative Independence Institute, based in Golden, Colo.

For instance, he suggests a treaty could affect the shipment of certain gun parts to U.S. manufacturers, even if the United States does not sign the treaty.

But Gabor Rona, international legal director of Human Rights First, said, "The circle created by the treaty and the circle created by the Second Amendment simply don't intersect at all."

"There is no doubt that the Constitution is superior to any international treaties," said Rona, who also teaches international law at Columbia University.
Comments
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Demodog
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July 31, 2012
onemanundergod, you do acknowledge that there are gun laws on the books and do you agree or disagree that they are in conformance with the Constitution? Could there be any additional law that could be enacted regarding weapons that you would support?

Remember that the person asking the questions is a gun owner and has been for over 50 years.
Demodog
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July 31, 2012
So onemanunder god, I should be able to own/carry a bazooka, or a machine gun or an assault rifle with any kind of restrictions?
onemanundergod
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July 31, 2012
absolutely demodog, as long as any american citizen has a clean background check and follows the correct gun laws that stand, state and federal why not? if a american citizen has followed these laws he or she is legal. criminals cannot obtain the permits and gun ownership legally. i have several legally owned assault rifles and if you have the correct federal permit you can even own fully auto assault rifles as the law stands. but i do think a bazooka does not fall in the caterory of firearm but if it does why not? the criminals obtain there guns illegally to commit crimes and will always continue to no matter what gun laws are made , so the innocent legal american people have to suffer at the hands of criminals as usual. just like the innocent people that was killed and wounded by the hands of a criminal in the colorado shooting. i only wished they would have a been a legal armed citizen there to put a stop to him! my heart go out to them and there familys!
onemanundergod
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July 31, 2012
As a American citizen i love this country 100% but it just frustrates me when our powers to be try to strip away what this country was built upon. i am a legal abiding gun owner with a legal gun carrying permit, why should my government strip me of any gun i would like to have? plus disregarding the constitution like its a phone book to sign a treaty with other countrys that dont care about us anyways! maybe its a trick in the making for these foriegn countrys to strip american citzens from there guns and take over our country! yes, criminals shouldnt have guns but law abiding citizens should always be able to own whatever firearm they choose. japanese leaders said the reason they bombed pearl harbor instead of trying to invade by land was suicide because just about every american at that time owned a firearm. god bless america and never give up any of your constitutional rights to anyone! support the nra
Demodog
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July 30, 2012
As a gun owner I don't feel threatened by any action taken by the current Administration. Of course, I do not own an assault rifle or a bazooka.
wish2010
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July 30, 2012
I would think it is bad policy to enter into any treaty or agreement that we "as Americans" know violates our constitution. Do the liberal gun control advocates think the constitution will be changed once the treaty is in place? I know our present administration including AG Eric Holder would love to take guns out of the hands of private citizens. Let's never let that happen.
Lakecreek
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July 27, 2012
I think it's bad police period. I do not care for dictators and other rogue governments having any say on my rights as a American citizen. No thank you UN we can govern ourselves.
Lakecreek
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July 27, 2012
That's bad policy not police typo.
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