I think the "treaty can't override the Constitution" thing is a shell game to distract folks from the fact that it mandates legislation to meet the terms of the agreement. I don't see anything in there that would be determined to violate the 2nd Amendment however I do see International mandate for legislation and record keeping/sharing far beyond what currently exists. I also see an opportunity for incremental increases in regulation through the "amendment by consensus" agreement (Article 20). Just those two in combination are enough to stir my concern. Throughout history gun confiscation begins with registration and we all know how that ends.
The proposed treaty states in part:
Article 1
Goals and Objectives
- To prevent, combat and eradicate the illicit trade in conventional arms and their diversion to illegal and unauthorized end use;
In order to:
- Promote cooperation, transparency and responsibility of States Parties in the trade in conventional arms, thus building confidence among States Parties,
Article 2
- A. Covered Items
- h. Small Arms and Light Weapons
- 4. Each State Party shall establish or update, as appropriate, and maintain a national control list that shall include the items that fall within Paragraph 1 above, as defined on a national basis, based on relevant UN instruments at a minimum. Each State Party shall publish its control list to the extent permitted by national law.
Article 6
General Implementation
Each State Party shall take all appropriate legislative and administrative measures necessary to implement the provisions of this Treaty and designate competent national authorities in order to have an effective, transparent and predictable national control system regulating the transfer of conventional arms;
Article 8
Import
Importing State Parties shall take measures to ensure that appropriate and relevant information is provided, upon request, to the exporting State Party to assist the exporting State in its criteria assessment and to assist in verifying end users.
Article 20
Amendments
Any amendment to this Treaty shall be adopted by consensus, or if consensus is not achieved, by two-thirds of the States Parties present and voting at the Conference of States Parties. The Depositary shall communicate any amendment to all States Parties.
A proposed amendment adopted in accordance with Paragraph 3 of this Article shall enter into force for all States Parties to the Treaty that have accepted it, upon deposit with the Depositary. Thereafter, it shall enter into force for any remaining State Party on the date of deposit of its instrument of accession.
