Archive for April, 2009
Remember CANDIDATE Barack Obama? The guy who “wasn’t going to take away our guns”?
Well, guess what?
Less than 100 days into his administration, he’s never met a gun he didn’t hate.
A week ago, Obama went to Mexico, whined about the United States, and bemoaned (before the whole world) the fact that he didn’t have the political power to take away our semi-automatics. Nevertheless, that didn’t keep him from pushing additional restrictions on American gun owners.
It’s called the Inter-American Convention Against Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials. To be sure, this imponderable title masks a really nasty piece of work.
First of all, when the treaty purports to ban the “illicit” manufacture of firearms, what does that mean?
1. “Illicit manufacturing” of firearms is defined as “assembly of firearms [or] ammunition … without a license….”
Hence, reloading ammunition — or putting together a lawful firearm from a kit — is clearly “illicit manufacturing.”
Modifying a firearm in any way would surely be “illicit manufacturing.” And, while it would be a stretch, assembling a firearm after cleaning it could, in any plain reading of the words, come within the screwy definition of “illicit manufacturing.”
2. “Firearm” has a similarly questionable definition.
“[A]ny other weapon” is a “firearm,” according to the treaty — and the term “weapon” is nowhere defined.
So, is a BB gun a “firearm”? Probably.
A toy gun? Possibly.
A pistol grip or firing pin? Probably. And who knows what else.
If these provisions (and others) become the law of the land, the Obama administration could have a heyday in enforcing them. Consider some of the other provisions in the treaty:
* Banning reloading. In Article IV of the treaty, countries commit to adopting “necessary legislative or other measures” to criminalize illicit manufacturing and trafficking in firearms.
Remember that “illicit manufacturing” includes reloading and modifying or assembling a firearm in any way. This would mean that the Obama administration could promulgate regulations banning reloading on the basis of this treaty — just as it is currently circumventing Congress to write legislation taxing greenhouse gases.
* 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.
ACTION: Write your Senators and urge them to oppose the Inter-American Convention Against Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials.
Please use the Gun Owners Legislative Action Center to send your Senators the pre-written e-mail message below.
—– Pre-written letter —–
Dear Senator:
I am urging you, in the strongest terms, to oppose the Inter-American Convention Against Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials.
This anti-gun treaty was written by international bureaucrats who are either stupid or virulently anti-gun — or both.
This treaty could very well ban the ability to reload ammunition, to put new stocks on rifles lawfully owned by American citizens, and, possibly, even ban BB guns!
There are too many problems with this treaty to mention them all in this letter. The rest can be read on the website of Gun Owners of America at:
http://www.gunowners.org/fs0901.htm
Please do not tell me the treaty has not yet been abused in this way by the bevy of Third World countries which have signed it. We do not expect the real ramifications of the treaty to become clear until the big prize — the U.S. — has stepped into the trap.
For all of these reasons, I must insist that you oppose ratification of the treaty.
Sincerely,
Over the past 24 hours, several state legislatures have taken steps to enact medical marijuana legislation or improve upon existing law. Here is a summary of this latest progress.
New Hampshire: The Senate voted 14 to 10 today in favor of HB 648, which would allow qualified patients to possess up to two ounces of cannabis and/or six plants for medical purposes. Because the Senate made minor amendments to the proposal, it must be re-approved by the House before going to Gov. John Lynch – who has expressed reservations about the measure. Starting tomorrow, our allies NH Compassionwill begin airing television ads asking for the Governor to support HB 648. If you live in New Hampshire, you canwrite or call Gov. Lynch here.
Minnesota: Also today, members of the State Senate gave preliminary approval to Senate File 97, an act to exempt qualified medical cannabis patients from state arrest and prosecution. The Senate is expected to give final passage to the bill imminently. A companion bill, House File 292, is also expected to be before the House floor shortly. If you live in Minnesota, please support this campaign by contacting your state representative and especially Gov. Tim Pawlenty. Additional information is available from Minnesota Cares here.
Rhode Island: Members of the Rhode Island Senatevoted 35 to 2 today in favor of SB 185, an act to allow for the distribution of medical cannabis by state-licensed compassion centers. A companion bill, HB 5359, is pending in the House and is expected to be voted on shortly. If you live in Rhode Island, please contact your House member and urge him or her to follow the Senate’s lead and support HB 5359. Even if the both chambers ultimately approve this effort, it is likely that the legislature will need to override the Governor’s veto before this measure can become state law. That means that every vote counts. For more information about this campaign, please visit the Rhode Island Patient Advocacy Coalition here.
Pennsylvania: Finally, NORML is thrilled to announce that Rep. Mark Cohen (D-Philadelphia), along with six co-sponsors, introduced legislation today to make Pennsylvania the fourteenth state to legalize the physician-supervised use of cannabis. As introduced —House Bill 1393, The Barry Busch Compassionate Use Medical Marijuana Act of 2009 — would allow state-authorized patients to possess and cultivate cannabis for therapeutic purposes. The measure also seeks to allow for the state-licensed distribution and sale of medical marijuana by authorized ‘compassion centers. For several months, Philly NORML has worked behind the scenes with Rep. Cohen’s staff to draft this important legislation, which you can read about here. If you live in Pennsylvania, you can support this effort by going here.
To learn about additional medical marijuana law reform legislation in Alabama, Connecticut, Illinois, Massachusetts, Maryland,Missouri, North Carolina, New Jersey, New York, Tennessee, and Texas, please visit NORML’s Legislative Action Alerts page here.
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