New York Court Holds Stun Gun Ban is Not Unconstitutional, in Contravention of Caetano

Herschel Smith · 30 Mar 2025 · 2 Comments

Dean Weingarten has a good find at Ammoland. Judge Eduardo Ramos, the U.S. District Judge for the Southern District of New York,  has issued an Opinion & Order that a ban on stun guns is constitutional. A New York State law prohibits the private possession of stun guns and tasers; a New York City law prohibits the possession and selling of stun guns. Judge Ramos has ruled these laws do not infringe on rights protected by the Second Amendment of the United States Constitution. Let's briefly…… [read more]

Closure Of Border Patrol Stations In Four States

BY Herschel Smith
13 years, 12 months ago

From Fox News:

The Obama administration is moving to shut down nine Border Patrol stations across four states, triggering a backlash from local law enforcement, members of Congress and Border Patrol agents themselves.

Critics of the move warn the closures will undercut efforts to intercept drug and human traffickers in well-traveled corridors north of the U.S.-Mexico border. Though the affected stations are scattered throughout northern and central Texas, and three other states, the coverage areas still see plenty of illegal immigrant activity — one soon-to-be-shuttered station in Amarillo, Texas, is right in the middle of the I-40 corridor; another in Riverside, Calif., is outside Los Angeles.

U.S. Customs and Border Protection says it’s closing the stations in order to reassign agents to high-priority areas closer to the border.

“These deactivations are consistent with the strategic goal of securing America’s borders, and our objective of increasing and sustaining the certainty of arrest of those trying to enter our country illegally,” CBP spokesman Bill Brooks said in a statement. “By redeploying and reallocating resources at or near the border, CBP will maximize the effectiveness of its enforcement mandate and align our investments with our mission.”

The last paragraph has all of the right keywords, but I told you what this is really all about Changes in Mexican Border Strategy.  This aligns personnel with the objective of increasing transcontinental and cross-border traffic.  It’s all part of a larger nation and state level plan to make the border less significant, make it easier to cross, and raise cross-border shipments of goods and products, especially with Mexican truck drivers.

Mark Krikorian passed on a revelation that alone should have cost this administration the upcoming election.  In the initial fight with drug cartels fighters, Brian Terry and his team shot beanbags rather than bullets.  But the situation is really even worse than that.

First it was confirmed that Border Patrol agent Brian Terry and his elite tactical unit initially fired bean bags at heavily armed dope smugglers. Now comes news that a Border Patrol training video is instructing agents that, when confronted by a shooter. they should “run away” and “hide”. Only as a last resort, if they are cornered, should agents get “aggressive” and “throw things” at the perps. Throw things? Really; here’s the site of the largest local of the Border Patrol agents’ union describing the training they’re required to undergo. The site reports that the suits in D.C. have “offered to revise and clarify this training” — sure, only because it was exposed. It’s debatable whether Bill Clinton actually loathed the military, but this administration certainly loathes the Border Patrol.

This is sad but not surprising.  It dovetails with the overall administration policy for the border, that is, the last three administrations.  As I have observed, “The National Guard is bored, has little to do other than watch, isn’t under arming orders, and has sagging morale, while the administration is using the lack of security on the border as an opportunity to make political hay on so-called “assault weapons,” and study groups are more concerned about militarization of the border than they are border security.  Don’t look for a secure Southern border in this generation unless something catastrophic happens to the U.S. homeland.  By then it will be too late.”

Securing the border would look so different than what we currently have that it would be indiscernible to the average American, and we aren’t prepared to implement what’s necessary.  The border would have to come before trade and trucking deliveries, all traffic would be fully searched, the U.S. Marines would have to patrol the border, under arming orders, outside of the constraints of the Supreme Court ruling in Tennessee versus Garner, men with weapons would be shot by Scout snipers before they ever became a threat, and e-verify would be implemented on a national level.

Again, don’t look for this unless something catastrophic occurs, such as Hezbollah fighters crossing the border and perpetrating acts of terror.  Right now, trade and cheap labor on the backs of the American taxpayer are far too important to prevent “alignment of our assets with our strategic goals.”  Expect more border station closings and a more diminished Border Patrol.

Aurora, Colorado Shooter’s Weapon Jammed

BY Herschel Smith
13 years, 12 months ago

Continuing with the things we are progressively learning about the shooting in Aurora, Colorado, the shooter’s weapon jammed.

The semiautomatic assault rifle used by the gunman in a mass shooting at a midnight showing of the latest Batman movie jammed during the attack, a federal law enforcement official told The Associated Press, which forced the shooter to switch to another gun with less fire power.

The official, who spoke on condition of anonymity to in order to discuss the investigation, said the disabled weapon had a high-capacity ammunition magazine. Police have said that a 100-round drum magazine was recovered at the scene and that such a device would be able to fire 50 to 60 rounds a minute.

As I have pointed out, the rifle wasn’t an “assault rifle” (since it didn’t have selective fire capability) and the phrase “semiautomatic assault rifle” is nonsensical.  It is a contradiction, since a semiautomatic rifle cannot be an assault rifle.  The police and media are both to blame for sloppy work.

But note also what I said about mass shootings.

“… the most frequent choice for such shooters in order to achieve effectiveness seems not to rely on magazine capacity, but having multiple weapons and magazines.”

Unlike me, he had a crappy rifle and his jammed.  He also had a high capacity magazine.  It didn’t matter.  He reverted to use of multiple weapons.  It also won’t matter to the anti-gun lobby.  They will continue to use this as yet another example of why high capacity magazines should be banned.

My readers know better, and you’re among the first to learn the right definitions, in the right context, the right way.

Towards a Correct Understanding of Assault Rifles

BY Herschel Smith
14 years ago

The Phoenix New Times reports on “assault rifles” found by hikers in the desert of Arizona, and the three weapons – two SKS’s and an AK-47 – according to the news report, “could have come from almost anywhere, considering the hundreds of gun stores in Arizona that sell such weapons.”  The report is followed by another which again calls the guns “assault rifles.”

Northescambia.com reports that a man was charged with discharging an AK-47, later citing a witness who saw “what appeared to be a clip connected to an automatic weapon in a back passenger floorboard.”  Without knowing any better, one would be tempted to think that rogue New Yorkers were running around with machine guns given this news report about a recent shooting in the Springfield Gardens area of Queens.  It shows a picture of an AK-47 take from Wikipedia, with the following caption: “The AK-47 is a deadly assault rifle that can fire 10 rounds per second.”

Most main stream media reports concering “assault rifles” and “assault weapons” become badly confused, with terms conflated with other, and with competing (and oftentimes incorrect) terms.  Thus does the Firearm Owners Protection Act of 1986 become important in our discussion.  Among other things, this act banned the sale of machine guns manufactured after the date of enactment to civilians, inflating the cost of fully automatic weapons then in circulation to $10,000 or more (far beyond their actual worth).  For most people, it is cost prohibitive to own a fully automatic weapon, and purchase of one requires registration and approval with the ATF and local law enforcement (oftentimes not granted).

Why is this important?  The answer hinges on the technical, formal, official definition for “assault rifle.”  The correct definition comes from the U.S. Military.

Assault rifles are short, compact, selective-fire weapons that fire a cartridge intermediate in power between submachinegun and rifle cartridges … Assault rifles have mild recoil characteristics and, because of this, are capable of delivering effective full-automatic fire at ranges up to 300 meters.

When understanding the phrase “assault rifle,” one needs to imagine U.S. Marine Corps squad rushes; the fire team member using the Squad Automatic Weapon fires area suppressing fire while the other three fire team members run forward.  After a certain distance has been covered, the three Marines carrying the M4s or M16s go prone and lay down suppressing fire with their rifles (capable of selective fire) while the SAW gunner runs forward, goes prone, and then the rush continues in like manner until the enemy position has been assaulted and overrun.

So assault rifles have at least three characteristics: (1) capable of selective fire (which includes fully automatic fire), (2) fire an intermediate cartridge,  and (3) mild recoil.  My Rock Rivers Arms rifle has two of the three characteristics, and so it is not an assault rifle.  The confused phrase “assault weapon” pertains to weapons that were banned and later allowed because of the sunset provision on September 13, 2004, and have to do with weapons that look scary because they have collapsible (or telescoping) stocks, forend grips, high capacity magazines, and so forth.  The expiration of the assault weapons ban doesn’t have any affect on the continued ban on fully automatic weapons in the Firearm Owners Protection Act.

The phrases “assault rifle” and “assault weapon” (now a defunct and outdated definition) are used interchangeably in the main stream media, and sloppiness is to blame, even if firearms owners refer to their weapons as ARs (AR is shorthand for ARmalite).  One humorous example refers to .50 caliber assault rifles, a contradiction in terms and an impossibility.

But not all media is as ignorant or reluctant to be precise as the dozens of examples I find daily.  For one such report headlined with the phrase assault rifle, I contacted the author, Jessica Schrader, with the following note.

Jessica,

I am a gun rights and second amendment blogger.  I strongly suspect that the use of an “assault rifle” is incorrect (to fully meet the definition of “assault rifle” it must be capable of select(ive) fire, which includes fully automatic fire).  The phrase “assault weapon” is purely a political definition, and went out when the federal “assault weapons” ban … because of the sunset provision on September 13, 2004.  It pertains mostly to weapons that look “scary,” not to fully automatic weapons.
 
I strongly suspect that the shooting was done with a semi-automatic rifle of some kind, of which there are 50 million plus in the U.S.  Can you confirm that a semi-automatic rifle was used, or was it in actual fact a machine gun capable of fully automatic fire?  The wording in the headline may have been a function of sloppy police department communications, so I am not attempting to place blame on anyone, just get to the facts.

To which she responded:

Thanks for your note. That is a good point- actually, in the follow up we published yesterday, police used the term semi-automatic. We will update the other one. Thanks again!

So even though the police are sometimes to blame for sloppy word usage, they occasionally get it right too.  We may not ever win the battle, but words mean something, and it’s important to be precise.  Jessica Schrader knows this and serves as an example for how the rest of the main stream media should cover the facts.

The Tragic Shooting in Aurora, Colorado, and High Capacity Magazines

BY Herschel Smith
14 years ago

Much will be learned about the tragic shooting in Aurora, Colorado in the coming days.  There will be ready-made diatribes, crafted for the ignorant, for the purpose of advocating increased gun control.  But for those who do not choose to be ignorant (e.g., my readers), listen carefully.

“The gunman was armed with a rifle, a shotgun and two handguns …”

It is as I observed before in a slight different context.

“… the most frequent choice for such shooters in order to achieve effectiveness seems not to rely on magazine capacity, but having multiple weapons and magazines.”

I do not know if the gunman had what would qualify as high capacity magazines.  It likely doesn’t matter, because he had four weapons with him.  So in the coming days when you hear more calls for banning high capacity magazines because of this event, remember that those calls are from people who don’t care about whether the facts comport with their agenda.  They just don’t care.

22 NATO Supply Trucks Destroyed in Afghanistan

BY Herschel Smith
14 years ago

From Military.com:

The Taliban said they detonated a bomb on a fuel tanker Wednesday and then opened fire on other NATO supply trucks in a morning attack that destroyed 22 vehicles loaded with fuel and other goods for U.S.-led coalition forces in Afghanistan.

In western Afghanistan, a NATO helicopter crashed, injuring two troops serving with the U.S.-led military coalition, NATO said. The helicopter went down early Wednesday at an undisclosed location in the relatively peaceful west. No other information has been released about the crash, which is under investigation.

The Taliban said they attacked NATO supply trucks parked overnight in Samangan province in the north.

“We put explosives on a fuel tanker. When it exploded, we fired on the trucks,” Taliban spokesman Zabiullah Mujahid told The Associated Press in a telephone call.

Sidiq Azizi, a spokesman for the province, said many tankers and semi-trailers caught fire after the bomb went off around 2 a.m.

By midday, heavy black smoke still poured from the Rabatak area of the province where the truckers had stopped to rest. Firefighters were spraying water on the burning vehicles.

[ … ]

The tankers in the convoy were transporting fuel south toward the Afghan capital, Kabul, from neighboring Uzbekistan to the north.

Earlier this week, three NATO supply trucks were destroyed by militants in Sayd Abad district of Wardak province in eastern Afghanistan.

This is a troubling development, specifically because of the fact that this supply line isn’t the Khyber Pass or Chaman.  Logistical lines should have changed long ago, specifically to focus on the Northern route (one reason that the current Northern route is so expensive is that, foolishly, we don’t use Turkmenistan) and a different Southern route (i.e., from India through Pakistani controlled Kashmir and then to Kabul, with troop protection through Kashmir).

But as we stand down in Afghanistan that wouldn’t matter.  Logistical lines within Afghanistan itself will become even more problematic, to the point that the only viable means left will be air logistics to Kabul and Kandahar air field.

Sad.  This is what half-ass commitment to the campaign looks like.  You can thank your current administration for that.

Republican Leadership in Congress: Stupid is As Stupid Does

BY Glen Tschirgi
14 years ago

My apologies to all those Republican stalwarts out there, but I stopped identifying with the G.O.P. some time ago and now count myself primarily as a Conservative.

And when I see posts like this on Hot Air, I feel amply justified.

A couple key bits:

The congressional Super Committee is long gone, but the consequences of its failure will be felt by millions of Americans unless Congress addresses mandatory cuts that take effect Jan. 2, 2013.

A new study released today by economist Stephen S. Fuller of George Mason University and the Aerospace Industries Association estimates that 2.14 million U.S. jobs will disappear as a result of the Budget Control Act’s sequestration mandate. That would push the nation’s unemployment rate above 9 percent.

Automatic cuts totaling $1.2 trillion will hit the defense industry particularly hard. Defense-related jobs makes up about half of the lost jobs, according to the study. The report estimates losses for other sectors of the economy as well: 48,059 jobs in healthcare, 98,953 in construction, 473,250 in manufacturing. California, Virginia and Texas will fare worst.

And just who was it that agreed to the genius idea of a “Super Committee” and the “draconian” sequestration in the (all too predictable) event that the Super Committee failed to reach agreement?  Yep, those guys in leadership like John Boehner and Mitch McConnell.  Someone please remind me just why it was so clever of Boehner and McConnell to agree to this deal with the Democrats?  A deal that these very same people are now scrambling to escape and avoid like kids caught stealing from a candy store.   “Yeah, we did it, but we didn’t think we’d actually get punished for it or anything!”

And if the whole sequestration idea wasn’t bad enough, the particulars of the deal are just, downright horrible:

Cuts to America’s military are particularly alarming. The across-the-board cut of more than $500 billion over the next decade comes in addition to the $487 billion in cuts already proposed by President Obama for the Department of Defense. The Budget Control Act hits the military hardest.

Budget Control Act Sequestration Would Hit Defense Hardest

Chart produced by The Heritage Foundation based upon figures from the Congressional Budget Office.

These nitwit Republicans agreed to drastic spending cuts that barely touch the Entitlement Monster that is breaking the U.S. Treasury.

And why did the G.O.P. leadership do this?  Because they were afraid of forcing real and immediate spending cuts in 2011 as part of the debt ceiling “crisis.”

Anyone for a Conservative Party?   I don’t think America can afford the Stupid Party much longer.

A Different Perspective On Rules Of Engagement And McChrystal?

BY Herschel Smith
14 years ago

Courtesy of Andrew Exum:

From that day forward, I watched as the war slowly fell apart at the hands of our Army’s middle management — typified by that battalion commander. Case and point, GEN McChrystal’s tenure in Afghanistan. To me, the most compelling part of the Rolling Stone article is the scene where a sergeant down range writes an email to McChrystal stating he believes GEN McChrystal doesn’t get the war and has ordered policies that are killing men on the front lines. GEN McChrystal gets on the next flight to this sergeant’s FOB and goes on patrol with the sergeant’s unit. Afterwards, he holds an After Action Review with the sergeant and his men in the outpost’s makeshift chowhall. During the AAR he notices a laminated list posted on the chowhall’s wall that reads something like “Rules of Engagement As Ordered By COMISAF.” Upon reading the list, McChrystal says aloud “these aren’t my rules.” And thus my point, somewhere between GEN McChrystal issuing orders and the point at which these front line soldiers received them, the Army’s middle management bureaucracy altered them to be significantly risk adverse (sic).

This is a first hand account, anecdotal, but I presume reliable, concerning a surprise for General McChrystal concerning how his rules were applied.  So does this account rehabilitate McChrystal’s image (which seems to be its point)?

I will grant the proposition that staff and field grade officers (at least some of them) were risk adverse (sic – averse).  I will grant the proposition that there were modifications, amendments, clarifications, additional stipulations, and so on and so forth, in the unit-level ROE as compared to the theater-specific ROE, just as there is between the standing ROE of the Joint Chiefs of Staff and the theater-specific ROE.

What I refuse to grant is that any of this “altered them to be significantly risk adverse.”  McChrystal’s ROE were risk averse to begin with, and a recapitulation of the rules of engagement will show that missions had to end because there was a “chance” that an illumination round would fall on a domicile.  When the Marines went into Marjah, General Rodriguez attempted to micromanage an entire Marine Air-Ground Task Force like they were children.  “Less than six hours before Marines commenced a major helicopter-borne assault in the town of Marja in February, Rodriguez’s headquarters issued an order requiring that his operations center clear any airstrike that was on a housing compound in the area but not sought in self-defense.”  Listen to that again.  Rodriguez’s operation center had to approve offensive air strikes.  Seriously.  You simply can’t make this stuff up.

The problems came from the top.

“If you are in a situation where you are under fire from the enemy… if there is any chance of creating civilian casualties or if you don’t know whether you will create civilian casualties, if you can withdraw from that situation without firing, then you must do so.”

I can compute the probability that a falling satellite will land on McChrystal’s head, and it is non-zero.  Thus, there is a “chance” of that happening.  This guidance is stupid, issued by stupid men, applied in a stupid campaign if that’s the way it is going to be conducted.  Are the staff and field grade officers (and their JAGs) responsible for the ROE?  Yes.  Should the men at Joyce (who made the decision to deny air support to the Marines as Ganjgal) have spent time in Leavenworth?  Yes.

Does any of this obviate the responsibility McChrystal had for the ROE?  No, not one bit.  This isn’t an either-or proposition, it is both-and.  And frankly, we don’t seem to have learned our lessons.

The number of British soldiers being shot dead in Afghanistan is spiralling as new tactics ban them from shooting at the Taliban until they are fired at themselves.

Eleven have been killed by enemy gunfire in Helmand in the past three months compared with two in the same period during 2011.

Soldiers blame efforts to slash the number of civilian casualties ordered by the US general in command of Coalition forces.

The Ministry of Defence yesterday denied the rules of engagement for British troops had changed.

But a spokesman for Coalition forces said British soldiers were told to change procedures after a tactical review.

Troops yesterday said they are now more vulnerable at road-junction checkpoints or while patrolling Taliban heartlands.

They say that previously they could shoot first but are now allowed only to return fire.

One corporal said: “When I arrived in Helmand, my officers said our tactics were going to change. They said if I saw somebody carrying a rifle or a rocket launcher, I shouldn’t fire at him. Only if he shot at me or a member of my patrol, and I could see a muzzle flash, could I use my weapon.

“I was shocked and so were my mates. We are trained to close in and kill the enemy, not to let him stroll on, watch us and let him choose the best time to ambush us.

Absurd.  Even if you argue that the head of a family ought to be allowed to carry a personal defense weapon, an RPG doesn’t fit that category.  We still have good men deployed in Afghanistan, and we are letting the enemy “choose the best time to ambush us.”

How utterly sad and despicable.

The Police: Just Another Gang?

BY Herschel Smith
14 years ago

Near Harrisburg, Pennsylvania, men posing as police detectives handcuffed and robbed the residents, who fully complied with their orders.

Men posing as police investigators handcuffed residents of a home on Tiffany Lane and then proceeded to rob the home Friday night. The victims say they got home around 9:30pm and shortly afterwardsmen, unknown to the victims, knocked on the door. They were dressed in suits and displaying badges and carrying firearms, and they entered the home, telling the victims they were conducting an investigation. They used flexible style handcuffs to secure both victims. No threats of violence were reported and the victims were not injured during this incident.

The suspects took a small safe, three firearms and an undisclosed amount of money from the home.

Police say the two suspects were familiar with some police tactics and investigative techniques. A third suspect entered the residence at some point, but had minimal interaction with the victims. After some time, the victims realized that the three suspects were probably not police officers but were merely posing as police officers. The victims then called police.

This has become a favorite tactic of criminals.  They pose as police officers, or especially as a SWAT team to make use of the element of shock, and then take advantage of the disarmed and compliant residents.  To expect residents of a home to know whom they can trust or whether the sound at the door is a friend or foe is to expect omniscience.  That’s why, since a man’s home is his castle, the castle doctrine is becoming codified into law in most states.

That is, unless the threat is the police (h/t Instapundit).

Lake County Sheriff’s Office deputies shot and killed a man they assumed was an attempted murder suspect on Sunday, but they now know they shot the wrong man.

In the early morning hours, deputies knocked on 26-year-old Andrew Lee Scott’s door without identifying themselves as law enforcement officers. Scott answered the door with a gun in his hand.

“When we knocked on the door, the door opened and the occupant of that apartment was pointing a gun at deputies and that’s when we opened fire and killed him,” Lt. John Herrell said.

Deputies thought they were confronting Jonathan Brown, a man accused of attempted murder. Brown was spotted at the Blueberry Hills Apartment complex and his motorcycle was parked across from Andrew Scott’s front door.

“It’s just a bizarre set of circumstances. The bottom line is, you point a gun at a deputy sheriff or police office, you’re going to get shot,” Herrell said.

Residents said the unannounced knock at the door at 1:30 a.m. may be the reason why the tragedy happened.

“He was the wrong guy and he got shot and killed anyway. There’s fault on both sides. I think more so on the county,” Ryan Perry said. “I can understand why he [the deputy] did it, but it should have never gone down like that,” Perry said.

So just to make sure that you’ve got this, if you even come to the door armed because you don’t know whether the commotion is a threat, if it’s the police, you get shot because they have a right to defend themselves.  So now … replace the term “police” with “members of MS-13.”  Does it read any better or worse?  Do MS-13 members have a right to cause commotion at your door, and without even entering the structure, shoot you as you stand inside of your own home?

If you answer no, then why would your answer be any different with the police?  Are the police becoming just another gang that society unleashes on other gangs to keep them in check?  Are they really there to protect and serve?

Prior: SWAT Raids

Open Carry And Monsters In the Closet

BY Herschel Smith
14 years ago

As regular readers know, I am an advocate of open carry.  I openly carry a firearm for several reasons, none of which is to “make a point.”  I hate the feel of so-called “inside the waistband” carry, I hate sweating my weapon (especially in the summer), and my weapon simply hangs better if I use a good tactical holster and carry it on my side.  My home state of North Carolina is an open carry state, and has no stop and identify statute.  I have observed before that no one screams and runs for cover, and all of the boogeymen under the bed that people imagine when they think of open carry simply do not obtain.  They aren’t real.

So as you can imagine, I couldn’t resist a chuckle when I read this paragraph in a commentary somewhat friendly to open carry.

If you do carry in an exposed manner, have you considered what would happen if someone snatched your pistol while you were distracted?  Don’t give me that line about always being in condition yellow, or how you are never distracted.  Everyone can be, and everyone is at various points throughout the day.  You do your best, but your best ain’t perfect.

Sometimes, spotting a criminal is obvious.  Many times it is not.  Sometimes the person grabbing your gun isn’t a criminal at all, but that nice lady in the grocery store line behind you who just lost her job, found out her husband is cheating on her and thinks life is not worth living.  She smiles at you, but she is thinking about death.  If someone grabs that exposed gun, can you defend it?

Here in my home state, nice ladies don’t snatch guns out of holsters and go on rampages.  Nonetheless, thinking about weapon retention is usually in order.  What kind of holster do you have, how difficult would it be to unholster your weapon, and so forth.

But the notion about people going berserk and freaking out and spuriously going on killing sprees and rampages is just the monster in the closet.  Give it some thought.  If you suspect a monster of being in your closet, have your weapon ready, open the door, and if he’s not there, relax.  Be prepared, but don’t be paranoid about it.  Fearing monsters and boogeymen after you’ve already looked under the bed and in the closet is just being paranoid.

U.N. Arms Treaty: Dreams Of International Gun Control

BY Herschel Smith
14 years ago

Capital Hill is under pressure to adopt the approaching U.N. arms treaty, from the New York Times, to Reuters, to confused and goofy Christians who forgot all about their theology and think that a new regulation, law or treaty will bring peace on earth and good will toward men.

We have been informed that this administration will not allow the U.N. to impose any restrictions on American’s gun rights.  But then again, this is the same administration that: [1] Sent Donald Verrilli and Lanny Breuer to argue against Sean Masciandaro concerning the possession of firearms on National Park land, [2] Nominated Justice Sonia Sotomayor to the Supreme Court (who testified that Heller was settled law, and then dissented in McDonald versus Chicago, agreeing with Breyer who argued for overturning Heller), and [3] Named Rose Gottemoeller to head the U.S. delegation to the U.N. arms control negotiations, the very same Rose Gottemoeller who informed Moscow that the U.S. was open to significant compromise on U.S. missile defense.

In fact, a short tour through the U.N. schemes shows that international tracing, combined with nationalized regulations and controls on the manufacture, transfer and sell of small arms, is the central feature of the plan.  The U.N. program for implementation includes such requirements as no “military style” weapons should be possessed by civilians, a registered and traceable lifetime for every weapon, and so on.  Courtesy of reddit/guns, here is a marked-up listing of the kinds of regulations envisioned by the U.N.

As we have discussed before, the distinction between civilian and military weapons is meaningless today, and wasn’t ever very useful.  Bolt action rifles, semi-automatic rifles, tactical shotguns and a whole host of other kinds of weapons are being used in both civilian and military applications, and have been for a very long time.  A U.N. distinction between civilian and military weapons would yield regulations more onerous than the assault weapons ban (sunset provision on September 13, 2004) ever could.  A U.N. distinction between civilian and military owners achieves nothing beyond what the U.N. already wants, i.e., an international gun registry and lack of weapons transferability, and thus is this distinction a disingenuous subterfuge.  Promises to exempt “civilians” – whatever that means – doesn’t make this treaty any less dangerous to firearms ownership in America.

Missives on why treaties do not obviate or supersede the constitution, while well intentioned and informative, miss the point entirely.  Even in the wake of the Heller and McDonald rulings, there are still four justices on the Supreme Court who fundamentally do not believe in the second amendment, and then at least one who sees reversal of Heller on the horizon with a “future, wiser court.”  Furthermore, the decisions in Heller and McDonald do not address issues such as a gun registry, further controls on transfer of weapons across state lines or even within states, or other meaningless and intrusive ATF regulations.  There is a pregnant field of un-litigated second amendment issues in America, and the existence of an international treaty only complicates gun ownership.  It isn’t obvious that any court, much less the Supreme Court, would find stipulations similar to the ones in the U.N. treaty to be unconstitutional.

Finally, take note that international luminaries such as Iran – known to supply weapons to insurgents in Afghanistan, Iraq and Syria – have been appointed to a post negotiating the treaty.  The very real possibility exists that legitimate weapons sales from the U.S. to allies (such as Israel) would become problematic under the treaty.  Taiwan, for instance, is concerned that the treaty could undercut weapons imports.

The silliness of the treaty and its effect on other nations is outlined fairly well by David Bosco at Foreign Policy (even if Bosco is willing to overlook its silliness).

There was a lot of talk at the session about the absurdity that sales of bananas are more regulated internationally than sales of assault rifles and about the need for more states to enact domestic legislation regulating arms transfers. The assembled activists did leaven their optimism with a dose of reality. They acknowledged that the treaty almost certainly would not contain any binding language or enforcement mechanisms. Instead, every country will determine for itself whether an arms sale or transfer is likely to contribute to human rights violations. (Under the ATT likely to emerge, Russia could report that it has duly considered whether arming Syrian forces would lead to violations and decided that it would not. Nobody would be able to gainsay the Kremlin, at least not through the treaty mechanism.)  What’s more, the treaty negotiations will be conducted on a consensus basis (Washington insisted on that), which means that any state can block adoption of a text it doesn’t like.

So civilians in America would be subject to onerous new regulations since America is a law abiding nation, while rogue nations would be free to export weapons as they see fit.  Or in other words, the criminals have the guns while the law abiding citizens are disarmed, sort of like gun control in America.  As I have previously observed, the U.N. arms treaty is a solution in search of a problem.

Not only does this treaty intrude on the second amendment rights of American citizens, and not only is it hypocritical in its intent, it would target the very country who abides by its laws and allow the perpetrators justification for their own actions.  The treaty is just one more progressive, micromanaging, over-controlling, statist solution to a problem that doesn’t exist.  We’ve seen ten thousand like it, and as long as the U.N. gets funding and a home from the U.S. government, we will see many more instances of this kind of busy-body meddling into the affairs of American citizens.

Regardless of what kind of language is included in the treaty concerning military and civilian weapons, it does nothing to address the real problem of weapons traffickers such as Iran, and there is no reason to ratify it.

UPDATE: Thanks to David Codrea for the attention to this.

UPDATE #2: Glenn Reynolds says bring it!

Prior:

The U.N. Small Arms Treaty



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