Secretary of State John Kerry signed an international treaty on arms
regulation Wednesday, angering conservative lawmakers and rattling the
National Rifle Association despite claims that the treaty won't infringe
on gun rights.
So what's all the fuss about?
The treaty, which took seven years to negotiate, would regulate the
$70 billion global trade in conventional arms. The U.S. is the largest
arms exporter in the world, and Kerry's signature was seen as a
significant step in pushing it forward.
Supporters say the treaty sends a bold global message advocating the
first-ever moral standards on the cross-border trade linked to human
rights violations around the world. But to some on U.S. soil, the treaty
treads into dangerous territory and could step on the constitutional
rights of Americans.
They point in part to language, at the very beginning of the
document, that includes "small arms and light weapons" and worry this
could cover firearms owned by Americans.
According to the treaty, the international sale of weapons would be
linked to the human rights records of buyers; it requires the countries
that sign on to establish regulations for selling weapons. This has
raised concern that the treaty could be used as an excuse to push new
gun laws.
But the treaty also advocates keeping data of arms purchases, which the NRA and other groups say could be used as an international log to keep tabs on gun owners.
The record-keeping section in the Arms Trade Treaty (ATT) encourages
members to "maintain records of conventional arms covered under Article
2," which include battle tanks, armored combat vehicles, large-caliber
artillery systems, warships and small arms and light weapons.
Further, those records should be kept for a minimum of 10 years, the
treaty states -- which NRA leader Wayne LaPierre has referred to as
"nothing more than gun registration by a different name."
Because the treaty's language is so broad, LaPierre has said that
"manufacturers of civilian shotguns would have to comply with the same
regulatory process as a manufacturer of military attack helicopters."
Chris Cox, the executive director for the group's Institute for
Legislative Action, says the treaty "threatens individual firearm
ownership with an invasive registration scheme."
The treaty also calls for potential arms deals to be evaluated on
whether the buyer would be able to carry out crimes against humanity or
other war crimes, including genocide. It also prohibits the export of
conventional arms if they can be used in attacks on civilians or
civilian buildings such as schools and hospitals.
What it doesn't do is regulate the domestic sale of weapons in any
country. And Kerry said Wednesday: "This treaty will not diminish
anyone's freedom. In fact, the treaty recognizes the freedom of both
individuals and states to obtain, possess, and use arms for legitimate
purposes."
Even though the ATT was created to monitor the global arms trade and
essentially shame countries into revealing alliances by making them
document who they sold weapons to, there is no clear-cut punishment for
those who don't.
There are many parts of the treaty that are also open to
interpretation. For example, the international pact contains no language
on how to handle countries who loan or gift weapons to others.
Part of the concern with the treaty, among critics, is its vagueness.
In April, the U.N. General Assembly voted to approve the ATT 154-3.
Those voting in favor included the U.S., Germany, France, Belgium,
Spain, Netherlands and the United Kingdom.
Twenty-three countries abstained from voting, including China and
Russia. Several others said the human rights criteria in the treaty was
too vague.
Iran, North Korea and Syria voted against the treaty.
Fifty countries need to ratify the treaty for it to enter into force.
So far, only six have and the likelihood of it being approved by the
U.S. Senate is slim. It takes two-thirds of the 100 lawmakers in the
Senate to win ratification.
The domestic battle heating up over the treaty is what is likely to give the Obama administration the most trouble.
In a letter to President Obama, Sen. Bob Corker, R-Tenn., said the
treaty raised significant legislative questions and warned the Obama
administration against taking any action to implement the treaty without
the Senate's advice or consent.
Sen. John Cornyn, R-Texas, was among 35 senators who earlier this
year co-sponsored a resolution expressing concerns about the dangers of
the treaty and how it might infringe the constitutional rights of
Americans.
"I'd like to see the U.N. try to send inspectors to the Texas State
Rifle Association's annual gathering," he said in a statement after
Kerry signed the treaty. "Law-abiding Texans who are in the market for
an imported shotgun, pistol, or rifle out to be very concerned by the
administration's move today."