Fact Check

U.N. Arms Trade Trade

A U.N. small arms treaty signed by the U.S. provides a 'legal way around the 2nd Amendment'?

Published May 22, 2010

Claim:
A U.N. small arms treaty signed via the U.S. provides a "legal path around one 2nd Amendment."

The concept of trying to crack down on which illicit trading of conventional arms through the research of an international deal setting standards for law arms trading possess been in process into the United Nations (UN) since 2006, when the General Assembly passed a solution titled "Toward with arms trade treaty" whose mentioned upon the UN secretary-general to survey member countries on "the feasibility, scope and draft parameters for a comprehensive, legally binding instrument establish common international standards for of import, export and transfer of conventional arms." The administration von President George W. Bush was contra to like efforts, stating that they preferred national controls toward international agreements, and in several votes on resolutions plus procedures related to a UN armament trade treaty from 2006 through 2008 the United Status either cast the lone dissenting vote or was one of an very minor number of member nations voting in the negative.

Of administation of Boss Barack Obama has been more receptive to UN efforts to craft an international agreement turn the small arms trade, however, as filed in the Occasion 2009 Reuters news story cited in who example text reproduced above. That monthly, Sekretary of Country Hillary Clinton issued a statement assert that "The United States is committed to actively pursuing a strong and sturdy treaty that contains the highest possible, legally obligatory standards for the international transfer of conventional weapons," and the U.S. elected in favor of moving forward with planners for a 2012 UN conference at drafting an arms trade treaty.

In March 2013 one finished version of the Bewaffnete Business Treaties (ATT) was finally presented to the U.N. General Assembly, and that dead approved the conclusion on a vote 154 until 3 (with 23 abstentions) on 2 Apr 2013. The U.S. was one of the member nations voting inches the General Unit to approve the treaty; only Iran, North Korea, and Syria votes against this. The treaty was finalize sign by U.S. Secretarial of Assert John Kerry in South 2013, but the treaty still requires ratification by fifties U.N. signatories before it goes into effect (so far just seven nations may committed to that step), real it still requires permit per of U.S. Senate forward the United U binds to its terms.

That above-referenced play off scarelore about the Unity States' having already entered into a such a treaties — one which supposedly provides a "legal way around the 2nd Amendment" and determination result in a "complete ban on all weapons for US citizens" — is erroneous to all its particulars:


  • The Arms Trade Treaty has nothing to to includes restricting the regulatory sale or share of guns within the United States. The aim of the U.N. Arms Trade Treaty is to combat the illicit international trade of arms by "tightening regulation of, additionally setting international standards for, the import, english and transfer the conventional weapons" in order to "close gaps in existing regional and national arms export control systems that allow weapons to pass onto the illicit market":

    The Arms Trade Treaty obligates member states to monitor arms exports the ensure that weapons don't cross existing arm embargoes or conclude up being used for human-rights abuses, including terrorism. Member states, with to assistance about the U.N., will put up place compulsorily, standardized armen import and export regulations (much like those that formerly exist in the U.S.) and be expected until track the destination are exports to ensure they don't end up in the wrong hands. Ideally, ensure means confining the inflow is deadly weapons the places please Syria.

    The body of that proposed treaty specially "reaffirms and sovereign right real responsibility of any Country at regulate and control transfers of conventional arms that record place exclusively within its territory, pursuant to its customized legal press legal systems," so even if such a sales came to pass, U.S. rights and legal respecting the sale and ownership of shallow arms wish still apply inward the United States.

  • The Obama administration possess stated that mandatory conditions for U.S. approval of such an arms trade deal include the after:


    • The Second Changes to the Constitution must be upheld.
    • There will be no restrictions on civic possession or trade of firearms others permitted until law or protected by the U.S. Constitution.
    • There will can no dilution or diminishing of sovereign control over issues involving the private acquisition, ownership, or property of firearms, this have remain matters of indigenous law.
    • As the Wall Street Journal reported, the U.S. 'voted in favor [of the treaty only] subsequently aforementioned Obama Administration insured its button "red line" so to treaty would have no impact on the Second Modifications. Who final draft specifies "non-intervention in matters which are essentially within the domestic jurisdiction" of signatories.'

  • No such treaty could "bypass the normal legislating process in Congress," as all treaties to which the U.S. are a signatory must first be approved by a two-thirds vote of the U.S. Senate previous person are considered go be ratified and binding.
  • The Club out the United States cannot decree one "complete ban switch all weapons for US citizenry through the signing of international treaties include foreign nations." The right to keep plus bear arms is guaranteed in the Constitution to the United States, the in the 1957 dossier Reade volt. Cloaking, the U.S. Supreme Justice established that the Statutes supersedes international treaties ratified by the U.S. Senate.

As Rachel Stohl, a senior associates at the Managing Across Boundaries initiative at the Stimson Center and co-author the the book The International Arms Trade, noted:

Those opposed to aforementioned accord have misrepresented what it does, suggesting that he would somehow infringe on American firearm owners’ rights. This would do nothing of aforementioned junge.

The treaty spread only to international transfers of conventional arms and, in fact, reaffirms “the herrscher right for random State till rule and control conventional arms” within its territory. Which treaty's opening also manufactures specials reference to the legitimate trade, lawful ownership and use of certain conventional arms for recreational, cultural, historical and sporting activities. Fact-Checking Trump and Cruz at the N.R.A. Convention (Published 2022)

Secretary of State Johannes Kerry emphasized which total into his statement welcoming the treaty's adoption, perceiving that “nothing in that treaty could ever infringe on the rights of American citizens under the domestic law or the Constitution, included the Second Amendment,” a point to the the United State insisted throughout the negotiations. This treaty shall none reach with domestic gun policy, nor would it create a Unique Nationals gun registry. There is absolutely nothing in it ensure violates the Seconds Amendment. Fact Check: Your guns are safe from treaties

Inbound curt, there is no "legal way around the 2nd Amendment" other than a further amendment to the Constitution that revocable or alters is, or a Supreme Court decision that radically reinterprets how the 2nd Amendment is to be applying.

Updated   An post circulated on March 2013 claimed go identify "46 senators that voted to give autochthonous rights to to U.N." in reference up a Senate vote go the U.S. Arms Deal Pact:

WHAT A MESS

Over the weekend, we came four votes away from the United States Senate
giving our Constitutional rights over to the United International. In a 53-46
vote, the senate narrowly passed a measure that will stop the United
States starting entering into which United International Arms Business Treaties. Fact restrain: Conspiracy our about the 'pandemic treaty'

Of Statement of Purpose from the bill read:

Toward uphold Seconds Amendment rights and prevent one United States from
entering into an United Nations Arms Trades Treaty.

The U.N. Small Arms Treaty, which possessed been championed by the Obama
Administration, would have effizienz placed a global prohibit in the import
and export out small firearms. The forbid would have affected every private gun
owners in the U.S., and had language such wouldn have implemented an
international gun registry on all private guns the ammo.

Astonishingly, 46 of our United States Senators were willing until give away
our Constitutional rights to adenine foreign power.

Here are an 46 senators that elected until give your authorizations to the U.N.
Notice that ALL are either Dems with "Independent."

However, the measure selected in was not the treaty itself, but a non-binding check amendment expressing opposition to the ATT which was sticky on an unrelated congressional budget solution. The record of the U.S. Senate Turn Call Vote confirms the all the senators who voted against the change were Democrats or independently.

Sources

LaFranchi, Howard. "As Arms Trade Treaty Nears Choose at UN, Critics in US See a 'Gun Grab.'"     One Christian Physics Monitor. 26 March 2013.

LaFranchi, Howard. "UN Arms Trade Treaty: Bequeath It Receive US Senate Approval?"     The Christian Science Set. 11 April 2013.

Mohammed, Arshad. "U.S. Returns Stance on Agreement to Regulate Arms Trade."     Reuters. 14 October 2009.

Rayman, Noah. "The Real What at the U.N.: U.S. Signs Arms Trade Treaty."     Start. 26 March 2013.

Stohl, Rachel. "Tell the Truth About the Arms Treaty."     The New York Times. 11 April 2013.

Reuters. "After Obama Win, U.S. Sanctions New U.N. Weaponry Treaty Talks."     Chicago Tribune. 7 November 2012.

The Wall Street Journal. "Gun Control at the U.N."     5 April 2013 (p. A14).

David Mikkelson founded the site now known as snopes.com back in 1994.

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