LaPierre Addresses Arms Trade Treaty Talks

The pro-gun NGOs have been jerked around by the organizers of the Arms Trade Treaty talks going on this month at the United Nations. First, they were supposed to speak at the end of the conference and then at the beginning. It appears that they have struck a happy median and are having them speak this week.

Wayne LaPierre of the NRA was finally able to present his brief remarks today to the ATT talks. They have just been posted by the NRA-ILA and appear below:

Mr. President, thank you for this brief opportunity to address this conference. I am Wayne LaPierre and for 21 years now, I have served as Executive Vice President of the National Rifle Association of America.

The NRA is the largest and most active firearms rights organization in the world, with four million members who represent 100 million law-abiding Americans who own firearms.

On behalf of those 100 million American gun owners, I am here to announce NRA’s strong opposition to anti-freedom policies that disregard American citizens’ right to self-defense.

No foreign influence has jurisdiction over the freedoms our Founding Fathers guaranteed to us.

We will not stand idly by while international organizations, whether state-based or stateless, attempt to undermine the fundamental liberties that our men and women in uniform have fought so bravely to preserve – and on which our entire American system of government is based.

For six years, the NRA has closely monitored this effort for an Arms Trade Treaty.

We have watched with increasing concern and, one year ago, I delivered to the Preparatory Committee our objections to including civilian arms in the ATT. I said then … and I will repeat now … that the only way to address NRA’s objections is to simply and completely remove civilian firearms from the scope of the treaty.

That is the only solution. On that there will be no compromise. American gun owners will never surrender our Second Amendment freedom. Period.

Our Founding Fathers wrote the Second Amendment so Americans would never have to live in tyranny.

For any foreign entity to attempt to encroach on that great freedom is offensive to every American who has ever breathed our free air, or who has ever used a firearm to fend off an evil attacker – whether a criminal breaking into their home, or in defense of their family against a tyrant halfway around the world.

Our Second Amendment is freedom’s most valuable, most cherished, most irreplaceable idea. History proves it. When you ignore the right of good people to own firearms to protect their freedom, you become the enablers of future tyrants whose regimes will destroy millions and millions of defenseless lives.

Without apology, the NRA wants no part of any treaty that infringes on the precious right of lawful Americans to keep and bear arms.

Let there be no confusion. Any treaty that includes civilian firearms ownership in its scope will be met with the NRA’s greatest force of opposition.

Mr. President, there are those who believe that merely excluding civilian firearms from the ATT preamble will be sufficient.

Let me state – in the clearest possible terms – that it is not. A preamble to a treaty has no force of law. We know that, and a strong bipartisan majority of the United States Senate and House of Representatives know it as well.

Any Arms Trade Treaty must be adopted by two-thirds of the U.S. Senate, which has 100 members. Already, 58 Senators have objected to any treaty that includes civilian arms, and a majority of the U.S. House of Representatives also opposes such a treaty.

The NRA represents hundreds of millions of Americans who will never surrender our fundamental firearms freedom to international standards, agreements, or consensus.

America will always stand as a symbol of freedom and the overwhelming force of a free, armed citizenry to protect and preserve it.

On behalf of all NRA members and American gun owners, we are here to announce that we will not tolerate any attack – from any entity or organization whatsoever – on our Constitution or our fundamental, individual Right to Keep and Bear Arms.

Thank you.

UPDATE: Here is the video from Wayne’s speech before the ATT talks. 

Oral Hearings In Jennings v. BATFE Were Held Yesterday

The 5th Circuit Court of Appeals heard oral arguments yesterday in the NRA’s appeal of Jennings et al v. BATFE. This case, originally known as D’Cruz v. BATFE, challenges the Federal law that bars 18-20 year olds from purchasing handguns at retail from a licensed firearms dealer.

This case was heard originally in the US District Court for the Northern District of Texas before Judge Sam Cummings. He ruled for the BATFE and the NRA appealed a few days later. Judge Cummings found that the rights of 18-20 year olds were not violated as they could always buy a handgun privately and that it was within the purview of Congress to set the age at which someone could purchase a firearm from a dealer.

The NRA released this on the case:

Fairfax, Va. – Oral arguments occurred today in the United Circuit Court of Appeals for the Fifth Circuit in the case of Jennings v. Bureau of Alcohol, Tobacco, Firearms, and Explosives, in which the National Rifle Association is appealing a decision by a federal court in Texas which held that the Second Amendment doesn’t protect the right of young adults to buy firearms from federally licensed dealers.

“The NRA has been engaged in this ongoing fight — not just in Congress and in state legislatures, but also in the courts — for the right of all law-abiding Americans to keep and bear arms. All Americans deserve for their Second Amendment rights to be fully respected. If the law says you’re old enough to fight for your country, it should allow 18-20 year old adults to purchase and own a handgun for any lawful purpose,” Chris W. Cox, executive director of NRA’s Institute for Legislative Action.

The U.S. District Court for the Northern District of Texas issued the ruling that is being appealed. The plaintiffs are a group of law-abiding 18- to 20-year old adults who are challenging the federal ban on dealer sales of handguns to persons under 21, who are treated as adults for virtually every other purpose under the law. The lower court wrongly compared the ban to other restrictions the Supreme Court has said would be “presumptively lawful,” such as the ban on sales to convicted felons.

The NRA filed a brief on behalf of these law-abiding young adults pointing out that nearly a decade before the U.S. Supreme Court decided District of Columbia v. Heller, the Fifth Circuit itself had held (in the 2001 case of United States v. Emerson) that Second Amendment claims should be decided based on the amendment’s history and text. The history of the Founding era makes clear that 18-year-olds were considered adults for purposes of the right to keep and bear arms; for example, the Militia Act of 1792 required 18-year-olds to “be enrolled in the militia” and to arm themselves accordingly.

A parallel case, challenging the state of Texas’ age limit of 21 for issuance of concealed handgun licenses, is also pending in the Fifth Circuit.

The oral hearings can be heard here. Arguing for the NRA was Charles Cooper and for the United State was Anisha Sasheen Dasgupta.

The case was heard before Judges Carolyn King (appointed by Jimmy Carter), Catherina Haynes (appointed by George W. Bush), and Edward Prado (appointed by George W. Bush). 

At Least The Canadians Get It

Most of the developed world seems to be living in la-la land when it comes to the UN’s Arms Trade Treaty. I would include the Obama Administration in that category despite any reassurances that they might give regarding the Second Amendment. Not so out in la-la land are the Canadians whose statement at the opening of the Arms Trade Treaty talks has some realism in it.

For example, the Canadians insist that it is important for the ATT to recognize the legitimacy of lawful trade in firearms as well as that it recognize “the lawful ownership of firearms by responsible citizens for personal and recreational uses.” They propose adding the following two paragraphs to the Preamble of the Arms Trade Treaty.

Recognizing that the purpose of the ATT is to prevent, combat and eradicate the illicit and irresponsible transfer of conventional arms and their diversion into the illicit market, including for use in transnational organized crime and terrorism;

Noting that the ATT acknowledges and respects responsible and accountable trans-national use of firearms for recreational purposes, such as sport shooting, hunting and other similar forms of lawful activities, whose legitimacy is recognised by the State Parties.

I would also add in there the self-defense of individuals but it seems that the United Nations concept of lawful self-defense extends only to nations and not to individuals.

Given the recent experience with their own Firearms Registry and what a colossal and expensive failure it ended up being, it is no surprise that the Canadians say any additional reporting commitments be practical and realistic. They note for large importers and exporters maintaining detailed records of each and every transaction would overwhelm “virtually any administrative system now in existence.”

They go on to add that any reporting requirements must not contain so much details as to impair the national security of individual states nor compromise “the legally-protected information of private companies or the personal information of private individuals.”

I love their last point where they insist that if any new administrative unit is needed to implement and administer a new ATT then its funding should come out of the existing UN budget. Moreover, any new personnel would come from existing UN agencies and be located within existing UN institutions.

The points that the Canadians make notwithstanding, I still think the best treaty is no treaty and that the US should have told the UN to stick their ATT just like it did when John Bolton was the Ambassador to the UN.

A Video History Of Ka-Bar Knives

I came across this from Blade Magazine. While I don’t have a Marine Combat Knife, I do have one of Ka-Bar’s TDI Law Enforcement Knives. They make good stuff!

One thing I didn’t know was that they were founded in Tidioute, Pennsylvania as Tidioute Cutlery. The Tidioute brand has been brought back by Great Eastern Cutlery of Titusville, PA. The brand is in good hands as GEC makes some of the best pocketknives to be found nowadays.

I may just have to get one of those Marine Combat Knives one of these days. It is not like I need another knife but why not? It’s a piece of American history.

American Silencer Association Meets With ATF And Congress

The American Silencer Association is a trade group representing manufacturers such as GemTech, Advanced Armament Corporation, and Silencerco. On June 20-21, six representatives of the ASA went to Martinsburg, WV and Washington, DC to meet with ATF officials as well as members of Congress. In the video below, Josh Weldon, CEO of Silencerco, narrates the trip and the result of those meetings.

One thing that stood out was the sheer amount of Form 4 applications sitting in boxes unprocessed in the NFA Branch Headquarters in Martinsburg. According to Weldon, there are currently about 30,000 applications waiting to be processed. Moreover, unlike revenues from hunting and fishing licenses which go to their respective agencies for improving wildife and fisheries, all the revenue from NFA applications goes into the general Treasury account and not to the NFA Branch. Currently, the NFA Branch has nine examiners and one borrowed examiner to work though the huge backlog of applications.

I was pleased with how the NRA-ILA was working with Weldon and ASA to get more states to approve silencers as well as how they helped introduce them around Capitol Hill.

25 Months And Counting

June 2012 marks the 25th straight month in which the number of NICS checks made during the month surpassed the number from the prior year.

Graphic by NSSF

From NSSF:

The June 2012 NSSF-adjusted National Instant Criminal Background Check System (NICS) figure of 846,437 is an increase of 24.5 percent over the NSSF-adjusted NICS figure of 679,840 in June 2011. For comparison, the unadjusted June 2012 NICS figure of 1,290,210 reflects an 11.4 percent increase from the unadjusted NICS figure of 1,157,714 in June 2011.

Graphic by NSSF

As the NSSF noted, June 2012 was a 24.5% increase over June 2011. However, the difference between June 2012 and the earlier years is very significant. June 2009 and 2010 look to have about 600,00 adjusted NICS checks or a quarter-million less than this year. That is a large difference!

It should be noted that NICS checks are not a perfect correlation with firearms sales but are a strong indication of general trends in firearm sales. Some states such as Kentucky, Iowa and Michigan use the NICS system for their CCW permit application checks as well as checks on active CCW holders. Conversely, in states such as North Carolina where the Concealed Handgun Permit is an approved substitute for a NICS check, purchases by permit holders will not be counted.

I don’t think we can know conclusively if this continuing trend in the increase of NICS checks is due to the fear of an Obama reelection or just the rise of Gun Culture v2.0. I do know that strong sales have been reflected in the stock prices of companies like Smith and Wesson. Today, the stock hit a 52-week high at $9.50 per share which reflects a four-fold increase in share price.

More On The Unsealed Indictment

ABC News had footage from today’s press conference with US Attorney for the Southern District of California Laura Duffy. She is the lead prosecutor in the murder prosecution of the six Mexican nationals charged with Border Patrol Agent Brian Terry. Given the involvement of the US Attorney’s Office for Arizona in Project Gunwalker, outside prosecutors had to be brought in.

While it has been rumored for a long time that the Border Patrol Agents responded with less than lethal ammunition (beanbags), I believe this is the first time the government has confirmed it. To me, this is the equivalent of taking a knife to a gun fight.



David Codrea has a different take on the unsealing of the indictment in his National Gun Rights Examiner column today.

Noting indictments were handed down by a federal grand jury in November, 2011, and the men are still at large, it would seem fair to ask what information Justice has to to be confident they have not automatically condemned the suspects—and that word is key—to violent deaths, whether they are entrenched in Mexico or hiding in the U.S. from ruthless gangs who ignore borders as a matter of course?

If the unsealing somehow forces the suspects in from the cold, the gamble with their lives will have paid off, but that assumes they are still alive and they are guilty. If they are instead caught first by the cartels, the adage “Dead men tell no tales” will certainly fuel further speculation among those who don’t believe the government has been forthcoming about its role in a deadly operation that has already claimed known and untold lives, an unfortunate but logical consequence of earned mistrust.

I think David brings up some very valid questions. I would be surprised if they are ever found, alive or dead.

Indictment In Brian Terry Murder Unsealed

The Justice Department today unsealed the indictment for the murder of Border Patrol Agent Brian Terry. The FBI also announced a $1 million reward for information leading to the four men who were indicted that are not in custody. Two others are already in Federal custody and have been for some time.

Watch the latest video at <a href=”http://video.foxnews.com”>video.foxnews.com</a>

When asked about the unsealing of the indictment, Chairman Issa applauded the unsealing of it but questioned the timing of it. He thought the release of it now was an effort to divert attention from the House’s contempt citation of Attorney General Eric Holder.

From the Fox News report by William LaJeunesse and Megyn Kelly:

The 11-count indictment, originally handed up by a grand jury in November 2011, implicates five defendants in the killing. A sixth suspect has also been charged in a related incident.

The two men in custody are Manuel Osario Arellanes — who was wounded in the foot the night of the firefight — and his brother Rito. Rito, who was arrested two nights before the Terry shooting, allegedly helped provide weapons to the criminal gang used in the shooting. All six men named in the indictment are either related or friends.

The other four are believed to be hiding out in Mexico, and the U.S. is now offering a reward of up to $1 million for information leading to their arrest. They are: Jesus Rosario Favela-Astorga; Ivan Soto-Barraza; Heraclio Osorio-Arellanes; and Lionel Portillo-Meza.

The indictment charges Manuel Osario-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Orsorio-Arellanes, and Lionel Portillo-Meza with 1st Degree Murder, 2nd Degree Murder, Robbery, four counts of Assault on a Federal Officer, and Using and Carrying a Firearm during a Crime of Violence.

The indictment names all of the five men above plus Rito Orsorio-Arellanes with Conspiracy to Interfere with Commerce by Robbery. The indictment also charges Manuel Osario-Arellanes with two counts of a Felon in Possession of a Firearm. Finally, the indictment seeks forfeiture of the two AKs that have been linked to Operation Fast and Furious plus ammunition. The ammo to be forfeited includes boxes of 7.62×39 as might be expected plus a box of .45 ACP and two boxes of .223. You have to wonder if any of the firearms that used the latter were part of Operation Fast and Furious.

I have embedded the full unsealed indictment below:

USA v. Manuel Osario Arellanes et al

NRA’s Firearmsfuture.com

The NRA has established a new website to support their “All in 2012” message for this election. To introduce it they just released this two minute video. I think the video is very well made and does get the message across.

At firearmsfutures.com, the NRA has a set of five videos concerning the UN Arms Trade Treaty, Operation Fast and Furious, border security, the narco-terrorists (or drug cartels, if you prefer), and the impact of gun control in the United Kingdom. As with the intro video, they are very well done and do get the message across.

The NRA is encouraging members and supporters to not only view these videos but to share them with friends, family, and neighbors. They provide links to share them ranging from Facebook and Twitter to Pinterest (the Complementary Spouse’s favorite).

UN Watch: Iran Elected To UN Arms Trade Treaty Post

Illustrating the absurdity of the Arms Trade Treaty talks, Iran was elected to the Asian working group along with Japan and South Korea. Moreover, UN Watch reports that the Iran new agency IRNA is saying that Iran will be the deputy head of the ATT talks.

UN Watch is a Geneva-based NGO which seeks to monitor the United Nation’s performance based upon the UN’s own charter. It is affiliated with the American Jewish Committee.

UN Watch is asking that UN Secretary General Ban Ki-moon condemn the selection of Iran to the working group and to a leadership position in the Arms Trade Treaty talks especially given Iran’s role in smuggling of arms to Syria and other rogue nations.

“Right after a UN Security Council report found Iran guilty of illegally transferring guns and bombs to Syria, which is now murdering thousands of its own people, it defies logic, morality and common sense for the UN to now elect this same regime to a global post regulating the transfer of guns and bombs,” said Hillel Neuer, executive director of UN Watch, a non-governmental monitoring group based in Geneva.

“This is like choosing Bernie Madoff to police fraud on the stock market. And the U.N.’s scandalous choice of Iran is exactly why we fear that Syria’s declared bid for a U.N. Human Rights Council seat is not impossible.”

UN Watch called on UN Secretary-General Ban Ki-moon, who addressed the conference on the same day as the election, to condemn the decision to give Iran a position of responsibility in regulating the arms trade.

“He should remind the conference that the Security Council has imposed four rounds of sanctions on Iran for refusing to halt its probited nuclear program, and that Iran continues to defy the international community through illegal arms shipments to the murderous Assad regime,” said Neuer.

“Syria continues to be the central party to illicit Iranian arms transfers,” the Security Council report recently found, citing the discovery of Iranian shipments to Damascus of assault rifles, machineguns, explosives, detonators, 60mm and 120mm mortal shells and other items.

Neuer expressed concern that the UN’s election of Iran “injects ambiguity about the U.N.’s position on illicit Iranian arms transfers, fuels Iranian propaganda, and grants international legitimacy to a regime that tortures student activists, hangs gays and subjugates women.”

In one way it is good that a nation like Iran is elected to a leadership position at the Arms Trade Treaty talks because it illustrates vividly what an illegitimate exercise these talks have become. That the Obama Administration and the State Department are even participating in them is a disgrace.