A Report From The UN Conference On Arms

Julianne Versnel is the Director of Operations for the Second Amendment Foundation. She, along with Alan Gottlieb, spent all of last week attending the United Nations Third Preparatory Conference on the Arms Trade Treaty. Here is her report on seeing the draft ATT that was released on Thursday, July 14th.

Today, the most recent Chairman’s Draft Paper for the Arms Trade Treaty was distributed. Ambassador Roberto Garcia Moritan authored the outline for the proposed ATT based on consultation, discussion and guidelines decided upon in this and the two previous Preparatory Conference meetings. This document dated 14 July 2011 covers the Scope, Criteria, Implementation and Final Provisions that are expected to be in the ATT presented for discussion in July 2012.

The Preamble under item six, “recognizes the sovereign right of States to determine any regulation of internal transfers of arms and national ownership exclusively within their territory, including through national constitutional protections on private ownership.” This language is a direct response to the serious reservations expressed by the U.S. and other delegations.

Unfortunately after this comes the Scope of the proposed treaty. This includes along with tanks, Artillery Systems, Naval Vessels and Missile Systems–small arms and all ammunition for these small arms.

While acknowledging a constitutional right, the criteria and record keeping requirements proposed in the treaty would necessitate the special marking of all firearms (IV, 1, h) and more critically all ammunition (IV, 1, j). The costs involved in both the physical marketing and recordkeeping are enormous. The proposed document also includes the creation of an Implementation Support Unit (VI, G-1) with yearly reporting and records kept for a minimum of 10 years. (V1, B-1).

Another egregious proposal is the Victim Assistance proposal. (VI, F) This provision is one that has been presented repeatedly at Programme of Action and Conference of Parties meetings. Many African, Southern American, Central American and Caribbean countries have proposed that manufacturers contribute to a fund based on their sales. Alternately they would assess fees on countries based on the value of its arms exports.

As the ATT moves closer to its final form, it is imperative that we realize that the technical requirements and definitions still to be determined are very dangerous. Much of the debate on these will take place in side events that are very often closed to NGOs.

The US already has the most stringent import and export requirements for firearms in the world. While this proposed treaty is supposed to be about conventional weapons, the focus in the discussions is on small arms, the very firearms that our US Constitution guarantees us the right to bear.

The Second Amendment Foundation remains vigilant and will continue monitoring this Arms Trade Treaty. We will not remain silent in our fight to maintain your right to keep and right and bear arms. We cannot trust the very organization that devised and administered the oil for food program in Iraq to respect our Constitutional rights—particularly the right to keep and bear arms.

A Wing Shooting Tip That Makes Sense

The National Shooting Sports Foundation has started to put out a lot of videos with instructional tips. This one with Gil Ash makes a lot of sense about how to “slow down” the speed of the bird or clay pigeon. He uses the analogy of merging on to the highway. If you are standing still and looking at the cars whizzing by, they look like they are moving fast. However, if you are moving at a speed close to the other cars, everything seems to be moving slower.

Text Of Maloney-Cummings-McCarthy Gun Control Bill

The text of the Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011 is below. This is the newest gambit by certain Democrat members of the House Oversight Committee to use Operation Fast and Furious as a means to push for more – and superflous – gun control laws. As I noted about in my post about their press release, every illegal act that they are trying to cover is already covered by other Federal laws. Having this law in place would not stop the smuggling of arms and certainly wouldn’t have prevented the ATF from engaging in gunwalking.

The bill does not yet have an assigned number that I can find in the Library of Congress’s Thomas system.

A BILL
To prohibit firearms trafficking.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011’’.

SEC. 2. PROHIBITION ON FIREARMS TRAFFICKING.
(a) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by adding at the end the following:
§ 932. Trafficking in firearms
“(a) IN GENERAL.—It shall be unlawful for any per3on, regardless of whether anything of value is exchanged, to receive, or to transfer or otherwise dispose of to 1 or more individuals, 2 or more firearms that have been shipped or transported in interstate or foreign commerce, knowing or having reasonable cause to believe that such conduct will result in the disposing of 1 or more such firearms to an individual—
‘‘(1) whose possession or receipt of the firearm would be unlawful; or
‘‘(2) who intends to or will use, carry, possess, or dispose of the firearm unlawfully.
“(b) ORGANIZER.—It shall be unlawful for any person to knowingly direct, promote, or facilitate conduct that violates subsection (a).
‘‘(c) CONSPIRACY.—It shall be unlawful for any person to conspire to violate subsection (a).
‘‘(d) DEFINITIONS.—In subsection (a):
‘‘(1) The term ‘individual whose possession or receipt of the firearm would be unlawful’ means an individual—
‘‘(A) who is under indictment or has a prior conviction for a violent felony or a felony drug offense;
‘‘(B) who at the time of the offense was under a criminal sentence, including on probation, parole, supervised release, or work release, or in escape status;
‘‘(C) whose possession of the firearm violates or would violate section 922(x)(2); or
‘‘(D) whose possession of the firearm violates or would violate paragraph (2), (3), (4), (5), (8), or (9) of section 922(g).
‘‘(2) The term ‘violent felony’ has the meaning given in section 924(e)(2)(B).
‘‘(3) The term ‘felony drug offense’ has the meaning given in section 102(44) of the Controlled Substances Act, and includes a drug trafficking crime (as defined in section 924(c)).’’.

(b) PENALTIES.—Section 924(a) of such title is amended by adding at the end the following:
‘‘(8)(A) Whoever violates subsection (a) or (b) of section 932 shall be fined under this title, imprisoned not more than 20 years, or both, subject to subparagraph (B).
‘‘(B) The term of imprisonment imposed on a person who violates section 932 in concert with 5 or more other persons with respect to whom the person occupies a position of organizer, a supervisory position, or any other position of management, shall be not more than 25 years.
‘‘(C) Whoever violates section 932(c) shall be fined under this title, imprisoned not more than 10 years, or both.’’.

(c) CLERICAL AMENDMENT.—The table of sections for such chapter is amended by adding at the end the following:
‘‘932. Trafficking in firearms.

Memo On Talking Points For New Gun Control Bill

Below is the point-by-point “explanation” of the Stop Gun Trafficking and Strengthen Law Enforcement Act. What makes this more interesting is that the Democrats on the House Oversight Committee have included their talking points as well. By doing so, they are explicitly telling the world – and those of us in the gun community – how they plan to push this bill. They are also essentially writing the editorials for their supporters in media.

STOP GUN TRAFFICKING AND STRENGTHEN LAW ENFORCEMENT ACT OF 2011
Section-by-Section

Section 1. Short Title

Section 2. Prohibition on Firearms Trafficking

• Amends Chapter 44 of title 18 to create a new Section 932 to address firearms trafficking.
• Prohibits the transfer of a gun to another where the individual knows the gun will be transferred to a person who is prohibited by law from carrying a gun or to a person who intends to use or actually uses the gun illegally.
• Covers organizers as well as conspiracies.
• A violation carries a maximum penalty of 20 years imprisonment. Conspiracies receive a maximum penalty of 10 years imprisonment.
• Trafficking kingpins who work in concert with five or more individuals are eligible for up to 25 years imprisonment.

Talking Points

• International drug cartels are trafficking tens of thousands of military-grade assault weapons from the United States to Mexico every year.
• To move guns across our southern border, the cartels have set up a patchwork network of straw purchasers throughout the United States in which the cartels pay individuals to purchase guns on their behalf.
• These guns have fueled the massive outbreak of violence in Mexico that has led to the death of over 40,000 people since 2007.
• In hearings and interviews before the House Oversight and Government Reform Committee, law enforcement agents said they are hamstrung in their attempts to stop illegal gun trafficking by the lack of a federal gun trafficking bill.
• Under current law, prosecutors are forced to charge straw purchasers and traffickers with mere paperwork violations.
• This bill fills that void by creating a federal firearms law that criminalizes the intentional act of moving a gun out of lawful commerce and into unlawful commerce.
• The bill is narrowly tailored to get the “worst of the worst” gun traffickers, and will have no effect on lawful gun ownership.

Tools?

Representatives Elijah Cummings (D-MD), Carolyn Maloney (D-NY), and Carolyn McCarthy say they want to give ATF more tools to stop smuggling and straw purchases. More tools? Reading their release you can’t help coming to the conclusion that the only tools in question are the aforementioned representatives.

Straw purchases are already illegal. Smuggling of arms is illegal under the Arms Export Control Act as Dave Hardy makes clear. Possession of a firearm (or ammunition) by a felon is a felony in and of itself. If a drug cartel or other organization is conspiring to buy guns by using straw purchasers, you have RICO as a tool to combat it. This bill is nothing but a means to get some airtime and glowing accolades in the New York Times and Washington Post.

The other thing of note in this release is where it says that they have released the testimony of Acting ATF Director Kenneth Melson given on July 4th. You have to ask yourself if this was to build support for their bill or to alert Eric Holder and his minions in the DOJ just what Melson had to say. My guess it is the latter as Rep. Cummings has been a synchophant of the Justice Department throughout the whole investigation.

WASHINGTON – Today, U.S. Representatives Carolyn B. Maloney (D-NY), Elijah Cummings (D-MD), Ranking Member of the House Oversight and Government Reform Committee, and Carolyn McCarthy (D-NY) introduced the “Stop Gun Trafficking and Strengthen Law Enforcement Act.” The legislation establishes a dedicated firearms trafficking statute to empower law enforcement to keep high-powered firearms out of the hands of dangerous criminals, including Mexican drug cartels.

“This legislation gives law enforcement the tools they need to do their job,” Rep. Maloney said. “It prohibits the transfer of a gun when an individual knows the gun will be transferred to a person who is prohibited by law from carrying a gun or to a person who intends to use the gun illegally. This is a sensible solution to a severe problem and will ensure that weapons do not end up in the hands of criminals– and drug cartels– by specifically prohibiting firearms trafficking in the criminal code.”

“We have to move beyond the all-or-nothing rhetoric of the current gun debate and work toward common-sense measures to help our law enforcement authorities combat the Mexican drug cartels without infringing on anyone’s right to own a firearm,” Cummings said. That’s exactly what this bill does.”

“Straw purchasers represent a significant problem in the United States. It is long past time that we take concrete steps to fight back against these individuals who funnel weapons into the hands of criminal and terrorist organizations. I’m proud to join Representative Maloney in taking this step to make our country safer,” Rep. McCarthy said.

“This legislation will provide Alcohol, Tobacco & Firearms with the tools to keep illegal firearms from making their way into the hands of convicted felons who move guns across the southern border, utilizing a network of straw purchasers in the United States. These straw purchases act as an intermediary party for organized crime networks and the cartels by purchasing guns on their behalf”, according to Chris Schoppmeyer, FLEOA’s Vice President for Agency Affairs. The Federal Law Enforcement Officers Association (FLEOA) is the largest professional police organization that represents over 26,000 federal agents and officers from 65 agencies in the United States Government, including the ATF.

“This legislation would give law enforcement a strong, new tool to fight the gun trafficking that feeds lethal violence in Mexico, and American communities as well. There is no Second Amendment right to supply drug gangs with the firepower of an army,” said Dennis Henigan, Acting President of the Brady Campaign. “Mexican families, and American families, have the right to live in peace. That’s what this valuable legislation is all about.”

“The U.S. civilian gun market is stocked with military-grade weapons—both domestically manufactured and imported—and has extraordinarily weak controls on their sale. This has transformed the United States into a virtually unregulated bazaar of military-style firearms. Traffickers can stock up on their weapons of choice: AK-47 and AR-15 assault rifles and pistols, 50 caliber sniper rifles, and high-capacity armor-piercing pistols. The ‘Stop Gun Trafficking and Strengthen Law Enforcement Act of 2011’ is a crucial step in meeting the United States’ responsibility to address cross-border gun trafficking,” said Kristen Rand, legislative director of the Violence Policy Center, a national non-profit gun violence prevention organization.

The Members released testimony by Acting Director of ATF, Ken Melson, which was obtained as part of the Oversight Committee’s investigation of ATF’s Operation Fast and Furious, stating that law enforcement officials “absolutely” need a firearms trafficking statute to effectively attack these criminal trafficking rings. Additionally, the Members released a letter from the Mexican Ambassador to the United States that stated his support for firearms trafficking legislation.
As a part of the Oversight Committee’s investigation of ATF’s Operation Fast and Furious, law enforcement agents on the ground have warned Congress that the lack of a dedicated firearms trafficking statute means that criminals who supply Mexican drug cartels with weapons of war are typically charged with mere paperwork violations – dealing in firearms without a license – and often only receive a sentence of probation.

This legislation is narrowly tailored to fill that void and help law enforcement stop illegal firearms trafficking.

Rhonda Ezell On Fox Chicago Sunday

Rhonda Ezell, the lead plaintiff in Ezell v. Chicago, was a guest on Fox Chicago Sunday along with attorney David Sigale. The thing that impressed me the most about her interview was the quiet conviction and dignity she brings to the issue especially in the face of the questions from political reporter Mike Flannery. You could tell she was nervous being on television but she never lost her composure. She was asked questions about the lawsuit as well as about concealed carry in Illinois.

Flannery gave the impression that the Ezell lawsuit along with McDonald and all the other Second Amendment lawsuits were being funded by the “gun industry”. While the Second Amendment Foundation supported both lawsuits, they are not the “gun industry”. I just wish David Sigale had challenged Flannery on that but overall I think he did well.

FOX Chicago Sunday: Rhonda Ezell on Gun Rights: MyFoxCHICAGO.com

H/T Colleen Lawson

49 States Say He’s Wrong

The local Fox affiliate in Chicago puts on a news show on Sundays called Fox Chicago Sunday. This past Sunday part of the discussion dealt with the SAF and NRA lawsuits challenging the prohibition of carry in any form in the state of Illinois.

One of the guests was Patrick Thompson, Chairman of the Illinois Council Against Handgun Violence, who shared “why he believes allowing concealed carry would be a public safety disaster.” He starts out his weak argument by saying the Violence Policy Center has statistics that show crime doesn’t go down where concealed carry is allowed. Moreover, he holds that people are more likely to resort to the gun if concealed carry is allowed.

Unfortunately for Mr. Thompson, the experience in the rest of the United States – and especially in those states with shall-issue CCW – have proven him wrong. Of course, that doesn’t stop him from nattering on about how CCW is bad.