Freedom Line Blog

Last week my column discussed the disastrous legal consequences likely to emerge from the ongoing negotiations to create the Arms Transfer Treaty at the United Nations.

Fox News reports that with the conference coming to a close, a draft text has been released that has everyone not working for a dictatorial regime hopping mad:

While critics say U.S. gun owners and interests would be left exposed by the draft, it has drawn criticism on other fronts. Activists on the political left say it is a gift to illicit gunrunners around the world, and the only group that seems to like it is the rogue states leading talks, say critics.

“The talks … are now being dominated by skeptical governments including Iran, Syria and Cuba, intent on having a weak treaty, or no treaty at all,” Control Arms, a global movement that says illicit gunrunning is fueling conflict, poverty and serious human rights violations worldwide, said in a statement. Other activists named North Korea, Egypt and Algeria as additional spoilers of the UN’s stated aims for the treaty: to keep conventional weapons out of the hands of rogue regimes, terrorists and criminals.

Heritage expert Ted Bromund says it’s no surprise why the draft text of the ATT treaty is benefiting bad actors while stymieing liberals’ good intentions:

Any conceivable ATT, simply because it is being negotiated through the U.N., will be based on recognizing that all members of the U.N. are equal and sovereign states and thus have equal rights. The inevitable result of this, in the context of the ATT, will be a treaty stating that Iran and Venezuela have the same rights to buy, sell, and transfer weapons as do the U.S. and Japan. The U.N. already contains far too many dictatorships; negotiating a treaty that enshrines their equality of status in the realm of arms transfers is inherently a bad and dangerous idea.

As I noted in my column, the push for the ATT at the UN arose because gun control groups could not get legislation they favored passed in the United States Congress.  But instead of getting the hint that the political marketplace was unreceptive to their ideas, gun controllers threw in their lot with a body that treats every government the same, even those willing to turn a gun control treaty into a mechanism that oppresses citizens at home and abroad.

It will be a form of perverse justice that when the ATT becomes an international law protecting Iran and Venezuela’s ability to kill their own people and arm other dictatorships like Syria that the constituency most responsible for enshrining those rights will be gun control groups.

In my column this week I explain the threat the UN’s Arms Trade Treaty poses to every Americans’ Second Amendment rights.

So, what’s the Obama Administration’s official position?

On the surface, the State Department has issued a series of “redlines” that claim to protect American Second Amendment rights to individual gun ownership, including the claim that “There will be no restrictions on civilian possession or trade of firearms otherwise permitted by law or protected by the U.S. Constitution.”

There are at least three reasons to suspect the Obama Administration’s motives.

First, the Obama Administration fought tooth-and-nail against interpreting the Second Amendment to guarantee the right of an individual to own a gun.  Only by a 5-4 decision from the United States Supreme Court in McDonald v. Chicago did the justices uphold the traditional understanding that the Second Amendment protects an individual right, and not a collective right to self-defense provided by the government.

The gun control groups pushing the ATT side with the Obama Administration in seeing the right to self-defense as a collective rather than as an individual right.  After fighting a losing battle for years in Congress, gun controllers opted in 2001 to make their cause global and found willing partners in dictatorial regimes like Syria, Iran and Russia looking for any way to disarm dissident groups while preserving their right to buy and sell guns for national security (i.e. repressing dissidents).

Second, the Fast and Furious scandal where federal agents allowed 2,000 guns to “walk” into the hands of Mexican drug cartels – without the Mexican government’s knowledge – raises a serious question about the Obama Administration’s credibility on gun rights.  Already, one Department of Justice official has been caught in an email speculating how to use F&F as evidence to argue for stronger gun control laws.  Common sense says he wasn’t the only one.

Finally, there’s the Obama Administration’s presence at the ATT convention.

During the George W. Bush years the United States refused to participate in any discussions about an international arms treaty for fear it would lead to a step-by-step move to gut Americans’ Second Amendment rights.

In 2009, the Obama Administration reversed course and announced its support for the ATT.  That buy-in caused negotiations at the UN to accelerate, culminating in the month-long convention in New York this month.

Observers of the ATT convention expect the treaty’s final text to be filled with vague assertions and unattainable aspirations.  But as I point out in my column, the very existence of the ATT poses a serious long-term threat to Americans’ Second Amendment rights because future interpretations of its text can be molded to fit the gun controllers’ policy outcomes.

I suspect the Obama Administration knows this, and is aiding and abetting that very outcome by participating in the negotiations.