Tuesday, April 21, 2009

Inter-American Convention Against Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials

Obama is moving closer to breaking his promise to be a friend the Second Amendment, a statement Claire McCaskill backed as Obama shamefully took the stage lying to Southwest Missourians who depend on the hunting industry as a source of jobs since it's the headquarters of Bass Pro Shop's Outdoor World. Obama's first plan is to make it harder to own a gun, and it's safe to say the eventual confiscation of firearms has to be on his mind, especially as the voice of Americans are starting the roar across the land--angry at the direction Obama continues to lead the country.

Last week in Mexico, Obama laid out the following agreement to help cure the violence in Mexico. I warned you they were using Mexican violence to come after our guns.

The Inter-American Convention Against Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials sets up the following restrictions:

First off the term illicit manufacturing would mean gun owners could no longer reload their own brass housings. Currently ammunition has gotten so hard to find, that many gun owners have turned to remanufacturing ammunition with spent brass. Under the plan, you would need a license to engage in this behavior.

As well, any alterations you make to any firearm you own, may become a violation of federal law. It's unclear what this entails; perhaps, putting a scope on a rifle may be enough to be in violation if you do not have a license issued by the government.

In the treaty the term firearm is not defined. In fact, it could be so broadly interpreted by the Obama administration that even a soft-air gun modification may be considered worthy of a violation.

The treaty has several other provisions worth noting. Gun dealers and gun clubs (NRA included) may find it harder to operate. The Gun Owners of America had the following to say:

* Banning Gun Clubs. Article IV goes on to state that the criminalized acts should include "association or conspiracy" in connection with said offenses -- which is arguably a term broad enough to allow, by regulation, the criminalization of entire pro-gun organizations or gun clubs, based on the facilities which they provide their membership.

* Extraditing US Gun Dealers. Article V requires each party to "adopt such measures as may be necessary to establish its jurisdiction over the offenses it has established in accordance with this Convention" under a variety of circumstances.

We know that Mexico is blaming U.S. gun dealers for the fact that its streets are flowing with blood. And we know it is possible for Mexico to define offenses "committed in its territory" in a very broad way.


And we know that we have an extradition obligation under Article XIX of the proposed treaty. So we know that Mexico could try to use the treaty to demand to extradition of American gun dealers.

Under Article XXIX, if Mexico demands the extradition of a lawful American gun dealer, the U.S. would be required to resolve the dispute through "other means of peaceful settlement."

Does anyone want to risk twenty years in a sweltering Mexican jail on the proposition that the Obama administration would apply this provision in a pro-gun manner?

* Microstamping. Article VI requires "appropriate markings" on firearms. And, it is not inconceivable that this provision could be used to require microstamping of firearms and/or ammunition -- a requirement which is clearly intended to impose specifications which are not technologically possible or which are possible only at a prohibitively expensive cost.

* Gun Registration. Article XI requires the maintenance of any records, for a "reasonable time," that the government determines to be necessary to trace firearms. This provision would almost certainly repeal portions of McClure-Volkmer and could arguably be used to require a national registry or database.


One thing is clear, it's going to be a long four years for gun owners. We are in for the fight of our lives not just for the Second Amendment, but for all of our rights including free speech, state's sovereignty, and warrants for illegal searches as Obama wants to expand domestic wire tapping and be allowed to look at devices like laptops and iPods at the airport. America as we know it is going radical changes. What are you doing to to preserve your freedoms and ensure they survive the next four years?

1 comment:

  1. (RR in SoCal) Obama is using back door methods to eliminate certain of our freedoms; passing peripheral laws so that it doesn't look like he's tampering with our constitutional rights. This is a classic example. What I see though, is many court cases revolving around interpretation of the Constitution. In Article IV, (Legislative Measures) of this treaty, it states (in part) 1. States Parties that have not yet done so shall adopt the necessary legislative or other measures to establish as criminal offenses under their domestic law the illicit manufacturing …… It seems to me that attempting to pass, or passing such legislation could and would be challenged in a court of law since it is an indirect (but obvious) means of restricting or eliminating our right to bear arms. The 2nd Amendment has no language pertaining to who grants permission to the People to bear arms. Nor does it state any restrictions such as requiring licensing or special authority. I am in agreement with the treaty’s definition of and enforcement of illicit trafficking. I am not in agreement with the treaty’s definition of and enforcement of illicit manufacturing unless it contained verbiage pertaining to illicit sales and exclusion language for personal usage (especially as it pertains to the reloading of ammunition). My suggestion to Obama and members of OAS is to concentrate on laws to handle criminals using guns and/or explosives and not making criminals of the millions of law abiding citizens who bare arms. Obama should stray as far as possible from any proposed laws that threaten our unalienable rights.

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