LOTS of links at source. Comments included below.

--J.

http://opiniojuris.
<http://opiniojuris.org/2008/07/19/international-gun-control-efforts/>
org/2008/07/19/international-gun-control-efforts/

International Gun Control Efforts?

by Kenneth Anderson

The New York Times has a prominent, page 3 international story
datelined from the UN by C.J. Chivers, "US Position Complicates Global
Effort to Curb Illicit Arms." Let me step here directly, but I hope
carefully, into the international aspects of a very emotional US
political debate. (And thanks to Glenn Reynolds once again for the
Instalanche! I also want to thank the commentators for the courteous
and civil tone in what is of course a contentious and often
emotionally charged debate.)

Readers will no doubt react differently to the tone of the story; for
my part, I thought it rather too involved in a particular narrative
about the heroic efforts of the UN and global civil society activists
to overcome the demonic and ignorant efforts of the NRA, which pulls
the strings of the US government, to end the flow of small arms and
light weapons into the hands of child soldiers in conflicts worldwide.
Others, I grant, will read the story differently. It seems to me,
though, that the story is far too uncritical when it basically accepts: 

The United Nations and advocates of gun control have said that
such fears are unfounded, and that there is no effort to impose
standards on nations with traditions of civilian ownership, or to
restrict hunting. The programs, they said, apply largely to areas
suffering from insurgencies or war.

"States remain free to have their own national legislation," said
Daniel Prins, chief of the Conventional Arms Branch of the United
Nations Office for Disarmament Affairs. "This document does not try to
regulate gun ownership in the whole world. This is an instrument that
allows states to focus on regions in conflict and the weapons that
illicitly get there."

This particular meeting, and this particular document, are, at least
according to the Times, focused on the areas in which there is
agreement. But it is far from crazy to think that this particular
meeting does not exist in isolation and is instead part of a long
history of meetings and diplomacy, and it is likewise far from crazy
to think that this is understood by those supporting gun control
domestically as part of the long term process by which one undertakes
the `long march through the institutions'. Of course that's the case
and, for those that believe in the end result, why should they think
any differently? That's part of what it means to be an activist,
thinking long term about how to use rhetoric to reach your substantive
ends.

Of course, too, opponents can see the long term implications as well.
If one goes back to many of the broader documents that have been
produced by the UN itself, it is pretty hard to avoid the conclusion
that the intention over the long term is gun control at the domestic
level. To refer to "this document," while leaving aside all the other
documents of which "this document" is one in a series is, well, not
reportage as I understand it, but artful brief-writing. The article
quotes Rebecca Peters, head of one of the leading international
advocacy organizations favoring restrictions; but it does not quote
perhaps her most famous comment in recent years that "we want to see a
drastic reduction in gun ownership across the world." (I'd like to
invite someone who closely tracks this issue as a Second Amendment
advocate - say, David Kopel or Glenn Reynolds or Eugene Volokh - to
tell us in the comments where they think, if they do, that this
article is more artful than informative, and please post to the comments.)

I am reasonably agnostic about guns, and while a very firm supporter
of very robust Second Amendment rights in this country, think that
other societies are free to approach such issues differently. I was
from the beginning in the 1990s, however, a general supporter of the
move to create a treaty to limit and regulate small arms and light
weapons transfers, particularly into civil wars and conflict zones. I
think that US gun ownership supporters are entirely too romantic about
what widespread automatic weapons mean in societies where there is
either no tradition that teaches about these kinds of weapons, or else
in the course of war and disruption, such traditions have eroded. 

It is not always the case, contra Heinlein, that an armed society is a
polite society. Sometimes it is simply a brutal and brutalizing
society, and part of the enormous responsibility of gun owners is to
teach and pass along a culture of responsible, individual gun use. 
That is one reason why, paradoxically for the gun-controllers, a
culture of responsible gun use requires that they be reasonably and
openly widespread, widely and openly accepted but subject to social
norms and cultural traditions of use. Traditions of restraint are
ingrained over the long term of a culture and society, however, and in
my view quite easily destroyed. The culture of gun ownership in the
United States that allows, for example, concealed-carry to work, in my
view, quite well is one that peculiarly fuses a libertarian ethos with
a social conservatism. Which is one reason that, although I myself
have relatively little interest in guns, I was delighted when my
then-11 year old daughter wanted to learn to shoot out in the
California desert a few years ago.

<br />

The movement toward a small arms and light weapons treaty got going in
the wake of the landmines ban treaty; it was a natural follow-on for
the then-ascendent global civil society movement. But I recall
sitting in meetings of landmines advocates talking about where things
should go next; I was director of the Human Rights Watch Arms
Division, with a mandate to address the transfer of weapons into
conflicts where they would be used in the violation of the laws of
war, and small arms were the main concern. I was astonished at how
quickly the entire question morphed from concern about the flood of
weapons into African civil wars into how to use international law to
do an end run around supposedly permissive gun ownership regimes in
the US. I recall remarking with dismay in all those early meetings,
back when it was still closely linked to the landmines ban community,
that this treaty had a reasonably good, if still small, chance of
accomplishing something worthwhile, provided that it was identified as
being about exceptional situations - civil wars and failed states -
and was not about domestic laws in countries that were perfectly
capable of setting their own terms.

That was good strategic advice, regardless of what one thought of the
substantive issue - but it was swept away in the lemming-like tendency
of advocacy movements to grow their appetites with the eating. The
craziest person in the room all too often winds up controlling the
agenda; this is sometimes true of global civil society and advocacy
movements as well.

I dropped any personal support for the movement when it became clear,
a long time ago, that it is about controlling domestic weapons equally
in the US (or, today, even more so) as in Somalia or Congo. Yes, I
grant, there is a logic, a coherency, to the idea that one needs a set
of universal rules that are more or less the same for every place. It
is one of the rationales for world government. I think it is quite
wrong, both as a general proposition and as applied to gun rights, but
I understand the logic behind it. One can choose between that idea
and the one that I urged: that it was both substantively wrong and
disastrous strategy to think that the rules for a profoundly broken
place, lands of civil wars and failed states, should or could be the
same as for a functioning democratic society. The small arms and
light weapons movement long ago made its choice about that, and I
dropped support for it at that time.

(I am going to publish this now, but I will add a couple of other
links and references when I get a little more time tonight. Ps: I have
made some grammatical corrections and added some links; I'll fiddle a
little more with it when I get a moment.)

July 19th, 2008 - 1:16 PM EDT | Trackback Link |
32 Responses

1.

The U.S. is unique because it overthrew abuses of process and
powers (the Crown of England) and formed a new nation avoiding abuses
of powers. In brief, the Founders of the United States declared not
the government, but the citizen as Supreme Authority. In order for
that authority to remain supreme, the Founders knew that our authority
had to be backed by lethal force, and always from generation to
generation if the nation were to survive at all. Framing-era thinking
is everything in understanding the entire Bill of Rights and what the
Colonists didn't want any more of, and 2A is no different.

2A is made absolute because it makes a pre-existing right
protected as supreme authority backed by our monopoly on force, which
explains how through just powers, law enforcement and military cannot
exist without consent of the governed. [Our own law enforcement can,
as it has in other countries, make unjust laws, back them with force
and go entirely too far. Think England, the Philippines, most of
Europe, Australia and other gun confiscation nations, especially in
those countries of so-called 'conflict'. these are not people breaking
the laws of a country, they are disarmed persons now fighting for
their lives.]

Tyranny today in 2008?
If you believe that National ID Card and other surveillance
modalities and policies, gun confiscatons and abuses of students and
parents are based on meeting/averting violent crime and terrorism,
then the tyranny is real in suspicioning all and backing the official
suspicion with official force.

This is incompatible with liberty, whatever the reason, and as
citizens, no one need prove any of our suspicions or show cause for
refusing compliance: if we have to do that, then all our fears have
come true, haven't they?

If it's an official say-so over our say-so, then our sovereignty
is dead, irrespective of whether our distrust of officials is correct
or not. This is why the next step is to take the force which backs our
authority.

p.s. Those `Conflicts' around the globe are resistance fighting
aggression, not just fighting over nothing. THAT's why they claim to
avoid conflicts. They're rooting for the Aggressor.
7.19.2008
at 1:36 pm EST John Longenecker
2.

With all due respect, I do have a sense here of persons maybe
going a little bit too far around the bend on this one on several
levels. Yes, it is perfectly obvious that the management of the
ownership and use of weapons is a possibility for each sovereign
state. And it is also true that there are states that are in conflict
without the ability to manage the ownership and use of weapons. But,
it is also true that there are states (China for Zimbabwe recently)
that make an enormous amount of money selling weapons to states with
or without the ability to manage the ownership and use of them. The
result is that weapons have the ability to flow to the places where
they seem to be able to do the largest damage.

That people after eroding landmines might next think that
managing the AK47 market, etc seems to me something neither scary or
crazy but a recognition that there is a problem. As for those who as
so Second Amendment focused in this country, I would think that an
internal rule of a given country on anything including the use of guns
is of no moment to states in the international regime. At some point,
states may come to the conclusion that the international trade in
weapons is inimical to state survival and seek to change customary
international law or even create treaty structures that will diminish
the possibility of that.

Those who think ownership of guns will no doubt fight against
those who take this view - and will fight against states that try to
create an international consensus on this point. But, let us not get
an internal law rule cart before an external law rule horse of
international law.

I am not one to think I have such great wisdom as to think that
persons in this debate on one side or the other are all right or all
wrong. The idea of joy that a kid wants to learn to shoot a gun leaves
me a little cold, but that is me. The fact that notwithstanding my
dubiousness about the wisdom of the recent Heller decision stating
current law, my father had a gun purchased for my grandmother who
lived in DC in the early 1970's for safety. I have to recognize that
idea may not be without merit too.

The thing in these settings it would seem to me would be to
interact between the persons of the different national experiences
and, if warranted, create instruments that address points on which
there is agreement. That is the evolutionary process of the
development of international treaty law that I can not imagine would
be something with which any of us would quibble - except those so hung
up on cold fingers etc which is a nice picture but a bit much.

And I say this knowing full well that during the period of
Reconstruction in the South, the disarming of blacks was a particular
tactic of the irredentist Southern whites so that they could arrogate
the monopoly on violence and subjugate the newly freed slaves.
Vigilance in all aspects of the question of arming and disarming are
essential - but neither of the efforts carries some particular virtue
that requires us to automatically reject the other view.

Good heavens!

Best,
Ben
7.19.2008
at 2:21 pm EST Benjamin Davis
3.

Human existence has been a tale of struggle - from those who
covet their neighbor's possessions to nation states who covet their
neighbors' resources. It has also been a tale of resistance - of those
who possess fighting off those who covet. In the whole time of man,
this has not changed one bit.no matter how much we might wish to think
otherwise.

To rely on someone else, no matter who or what their job title,
to protect you and yours is folly.of the kind that can get you and
those you love killed.

Your choice, in the US, by virtue of the 2nd Amendment.
Elsewhere, not much choice.
7.20.2008
at 9:54 am EST Willie G
4.

On this issue as many others, I am struck by two things: the
incredible push to control tools whilst ignoring or even promoting the
people who use them to bad effect, and the drunk-by-the-lamppost
character of the actual discussions.

Land mines are a case in point. The real issue with land mines
is clearing them after they have no further utility, so that innocents
do not encounter them unexpectedly. (Non-innocents are supposed to
encounter them unexpectedly.) US mines are designed, at great expense,
to be reasonably easy to clear, for both military and humanitarian
reasons. Land-mine banners therefore concentrate almost their entire
effort upon the United States, and make nearly no attempts to address
the manufacturers of cheap plastic mines which cannot be cleared
without massive (and expensive) efforts, or the users who lay them
indiscriminately in large numbers. Banners offer the excuse that you
have to start somewhere, and it makes sense to begin where some trace
of humanitarian impulse exists; a victory there, they claim, will lead
to further triumphs. But there are no keys in that pool of light. The
actual result is to leave a significant weapon in the hands of bad
actors, who use it to good effect and with great pleasure, while
restricting the ability of anyone attempting to coerce bad actors into
better behavior.

King Canute was a wise man. The existence of stupid laws has a
pernicious effect that is exacerbated by attempts to enforce them.
Their primary effect is to cast doubt upon the intelligence, motives,
and character of their proponents, and therefore upon the validity of
the other laws and regulations issuing from the same source.
Proponents of so-called "international law" have revealed that their
overriding concern is not the specific issue being discussed, but the
meta-issue of hamstringing the damned Americans while enabling any and
all opponents and/or competitors, regardless of their character or
behavior. The fact that action on point will not and cannot have the
effect they claim to desire is irrelevant - vide Britain, where
draconian efforts to control "weapons" while making no attempt to
regulate behavior, or even promoting antisocial behavior on the ground
of entitlement due to the class struggle, have left authorities
struggling to define the difference between a kitchen knife and an
"offensive weapon" so as to ban the latter while avoiding any offense
to or confrontation with street criminals who use knives in robbery;
vide the U.S., where Herculean efforts to "stop drugs" has created
entire nations of smugglers with state-level resources. Look to those
two examples for the real likely result of attempts to regulate
traffic in small arms.

Regards,
Ric
7.20.2008
at 10:10 am EST Ric Locke
5.

I think that US gun ownership supporters are entirely too
romantic about what widespread automatic weapons mean in societies
where there is either no tradition that teaches about these kinds of
weapons, or else in the course of war and disruption, such traditions
have eroded.

As long as the UN process is trying to control weapons as
useless in war as .22 caliber revolvers and rifles, it's perfectly
clear that suffering caused by those armed conflicts is not the reason
for the gun-control efforts, but merely a pretext for them.

Which is why the gun-rights advocates quoted in the article
clearly say they would withdraw their objections should the UN process
confine itself to automatic weapons and other serious military arms
(like rocket-propelled grenades).
7.20.2008
at 10:16 am EST John Q.
6.

A culture of responsible use will never grow in a regime where
weapons are unavailable. Upcoming technology (home replication
machines) will make it technically feasible to make primitive and
eventually quite sophisticated firearms with plans inevitably
available for free over the Internet. This is going to make any sort
of international treaty regime impossible to enforce as home
replication machines are also obvious technology for poverty reduction
in the 3rd world.

The first self-replication of a home replication machine in May
2008 was a warning shot that has so far not been heard widely. The
rep-rap project is a worthy one but they aren't kidding when they say
that it's a disruptive technology.

The only solutions left are to embrace poverty and deny access
to replication as well as guns or to create a culture of
responsibility that can handle this upcoming disruptive technology.
Cultures of responsibility take a long time to take root without an
opening blood bath. We might have enough time at this point if we
start soon but it is pretty obvious that the same international gun
controllers who want to end-run the US' 2nd amendment protections are
not going to accept this idea with open arms.
7.20.2008
at 10:26 am EST TMLutas
7.

While I am fully aware of the concept that some cultures may not
be ready-made for Liberty and Democracy in the modern western sense, I
think it is the nature of cultures to evolve. Thus, the use of arms
will be abused by many people in many cultures, but when force becomes
equally distributed, democracy is born.
These cultures will have to learn to temper certain aspects of
their social structure which we would call "brutal" with reason and
restraint when it comes to deadly force, but that is something we have
been permitted to do in the western world for centuries. People in
Middle ages in Europe were regularly permitted to carry swords and
sabers if they could afford them, and dueling was very popular. Keep
in mind that this was a age where a simple infection from a minor cut
could lead to death. Court cases were decided in places like England
up until the early 19th century with the option of "Trial by Combat"
where the accused could challenge his accuser to a duel to the death.
It was literally "Might makes right" and it was perfectly legal until
the society evolved to see the absurdity of it. Self-defense, however,
is not an antiquated and absurd notion, no matter what the likes of
Rebecca Peters thinks.
The laws that were slowly put into place were largely
ineffective until the society in question saw the values of such laws.
They were also simple regulations, such as laws concerning the length
of the blade. The total bans on the carrying of rapiers, even though
it's rather obvious when someone has one, were almost entirely ignored
by all parties concerned. This will almost certainly be the case with
the thugs and guerrillas that possess AKMs, PKMs, and RPGs in parts of
Africa now. And who's going to dare to try and take them?
I find it horrifying that the international community would feel
that it was appropriate to disarm civilians in a war zone where
genocide is rampant and elections (such as that catastrophe in
Zimbabwe) are rife with intimidation, corruption, and death all
because the ruling party is treacherous thugs who can willfully murder
the opposition without fear of reprisals. Those people, the bad guys,
already have arms. We need to allow the peasantry to be armed as well.
This might make the idea of carrying an AK in public less popular with
thugs if they feared being shot on sight when they entered a
neighboring village. Thomas Jefferson was correct when he noted "An
armed society is a polite society."
The notion that a farmer shouldn't be allowed to own a
single-barreled shotgun to protect himself and his family from vicious
animals (Tigers eat people!) and marauding bandits is ridiculous. In
places like Sudan, the Janjaweed (Literally "Devils on Horseback")
raze villages with automatic weapons fire and then rape, pillage, and
plunder at their leisure. These are groups that are armed by the
government. The act without the fear that someone will poke the barrel
of a twelve-gauge out of the window of a hut an blow a sizable hole
through their wicked hearts. I don't care how steep the learning curve
is for an armed civil society, the fact is that people need to be
allowed to protect themselves whether it is fashionable with the
international community or not. They will never learn to do this
responsibly if all of the reasonable people are murdered by democide
made possible by international bureaucracies.
7.20.2008
at 10:35 am EST Matthew Groom
8.

TMLutas -

That will be an interesting technology in the future. Note that
the machine did not replicate itself, only the plastic parts it uses.
A far cry from self-replication.

Dealing with the here and now, the UN is crystal clear in every
effort it does. Politics and self-accumulation are the only targets it
works toward now. As mentioned above, crippling the US is a primary
goal because it meets both of those.
7.20.2008
at 10:42 am EST Oligonicella
9.

Professor Amderson stated that:

"It is not always the case, contra Heinlein, that an armed
society is a polite society. Sometimes it is simply a brutal and
brutalizing society, and part of the enormous responsibility of gun
owners is to teach and pass along a culture of responsible, individual
gun use."

Unfortunately, limitations on an individual's right to bear arms
are likely to cut off arms to those who are brutalized, not those who
are brutalizing. The UN's efforts are consistent with those who argue
that an individual's entire self-identity and security stem from the
state, which state is ultimately conceived to be a world polity. I
don't challenge the good faith of those who hold this view, but I
would challenge them to rethink their underlying assumptions about
human nature on which their views are based. The notion that
individuals are on an equal level of creation (whether one views this
creation as stemming from a clockmaker God, an intervening God or
accident or otherwise) with inalienable rights, and that governments
are formed to facilitate securing these inalienable rights but are not
the source of such rights, may not be as elegant as the idea of a
world polity to which one can entrust one's identity and security.
However, I would suggest that, on the level of life on earth, the
inalienable rights view is the only sustainable approach.
7.20.2008
at 10:53 am EST Thomas Collins
10.

"States remain free to have their own national legislation,"
said Daniel Prins, chief of the Conventional Arms Branch of the United
Nations Office for Disarmament Affairs.

There's where he gives away the show. He graciously extends to
the state his permission to have their own legislation, today. Almost
certainly not tomorrow.

The genius of the US Constititution is that puffed-up nobilities
are not emplaced to grant or refuse such permissions. In fact the
Government is refused permission by the people to deal in such
matters. Congress shall make no law, etc.

As long as we can prevent our legislatures from entering into
treaties which make end runs around the Constitution, there's hope for
independence from the mass intellectual lemming-stampedes of the world.
7.20.2008
at 11:03 am EST Hank Bradley
11.

Quite a stimulating discussion! A lot of good responses. But we
need to recall that this is not a matter of opinion, but a civil right
put in place for the protection of the Nation against all unrighteous
violence. The govt's job is to protect the country, our job to protect
ourselves (The nation is the people, the country is the geography and
interior).

Police have no duty to protect us, only to protect the public.
[See Internet Search Term "Police have no duty to protect
individuals.." for court ruling after ruling tossing cases out of
court. The latest is Castle Rock v. Gonzales, US Supreme Court, 2005.]

In America, crime is used as a boondoggle to impose various
policies with the uninformed consent of the people. In other
countries, the analog is to disarm people under a ruse of crime, then
to make guns illegal, then when people resist tyranny there at all
(with machetes and sticks or even `illegal' guns), they are
`Criminals'. These conflicts are not a matter of right or wrong, they
are a matter of murderous governments against their own people. You
need to hear from people who made it to America to appreciate not only
how good we have it here, but also to see what they are really
fighting over.

If you want to investigate my assertions before calling them
`around the bend' as above, please look into how forty states in the
U.S. affirm right to carry a gun, (and crime there is lower than major
cities' crime) but major cities make it a crime to carry. In America,
we citizens have i) all the legal authority to stop a crime in
progress, ii) we may legally come to the aid of another, iii) we may
use up to lethal force if we believe we are in grave danger and have
no choice (better be able to prove it), and iv) we may use this
authority to effect a citizen arrest. Most reject this because they
don't want this authority, but this is not to say that we don't have
it. We do.

In right-to-carry states, plenty of citizens (in the millions
across the nation) embrace their authority to protect their families
with the support of their legislatures.

Since the inception of concealed carry, the bottom line is that
crime is lower due to incompleted acts reported and not reported, and
not one state has elected to repeal their concealed carry law.
Legislators have not been made to regret enacting their CCW laws.

In other countries, they have no such law which declares that
the citizen is supreme. They have no freedom, and no way to get it
except to fight for it. Here, we won the fight before they could get
all the guns, and what started the Revolution was the night they came
for them.

Liberty,
J
7.20.2008
at 11:13 am EST John Longenecker
12.

Very interesting commentary. I will say that while disagreeing
with Mr. Anderson on various positions I am in complete agreement that
"part of the enormous responsibility of gun owners is to teach and
pass along a culture of responsible, individual gun use."
Unfortunately, many current firearm regulations and related
requirements make it increasingly difficult to do so. For instance,
many states require those getting a hunting license for the first time
(regardless of their experience with firearms or hunting in, say,
other states), take an onerous course. Here in CT the hunting course
is upwards of 16 hours of classtime. This state requirement, while
understandable on one level, is an example of overkill that delinks
the parent-child tradition of hunting instruction.

Similarly, Anderson states, correctly, that "[t]raditions of
restraint are ingrained over the long term of a culture and society,
however, and in my view quite easily destroyed." This destruction is,
I believe, one of the goals of those who've nearly succeeded in the
demonization of firearms, which creates an irrational fear of anything
connected to weapons - e.g. suspending kids who merely "draw" the
picture of a gun, or the child in CT was recently suspended for
possession in school of a fired blank cartridge used in a 4th of July
parade salute by veterans. 

I'm the father of three girls, ranged 9 to 11, and I fully
intend that they will be familiar with shooting and bearing of arms,
and that they treat them with the respect they deserve, but not the
fear that many anti-gun advocates have attempted to instill.

P.S. - I am also a member of the NRA (and attorney).
7.20.2008
at 11:13 am EST H. Tuttle
13.

Prof. Anderson says: I think that US gun ownership supporters
are entirely too romantic about what widespread automatic weapons mean
in societies where there is either no tradition that teaches about
these kinds of weapons, or else in the course of war and disruption,
such traditions have eroded.

I couldn't disagree more. It isn't a tradition of teaching about
weapons that secure the peace, it is a tradition for respect for the
law and a society that promotes justices that does. When Prof.
Anderson continues by saying " part of the enormous responsibility of
gun owners is to teach and pass along a culture of responsible,
individual gun use" he is speaking truth, but a truth unrelated to a
peaceful society.

Gun owners, like everyone else, need to be concerned for the
lawful use of force in society - to oppose lawbreakers, to protect
innocent life, to preserve liberty. If society doesn't support such
efforts by a vigorous program of law and justice, the lawful and
lawless will find themselves in a war.

The basic flaw in civil disarmament programs is it treats the
lawful as if they were lawless. In doing so, these programs diminish
the lawful and increase the power of the lawless. They are doing
precisely the wrong things.

Most decent people understand the use of personal action and
force is a last resort. That is why decent gun owners vigorously
support strong penalties applied to violent criminals. Where the
government enforces these laws properly, there will be peace. Where
government is ineffective or, perhaps, lawless itself, there will be
war. If you want decency to prevail, don't support restraints on the
lawful being able to arm themselves for their own protection.
7.20.2008
at 12:03 pm EST Phil Lee
14.

May I remind you that a weapon is just a tool? Tools may be
designed badly or used improperly, but there is no immorality in a
tool, just in their improper use. Despite the fact we have numerous
laws and traditions in the US to control the improper use of
automobiles, there are about 50 thousand deaths a year. Should this
unavoidable result be an excuse to ban the automobile?

Sanctions against tools merely increase their costs. Given that
transportation is easy and quick, nothing will keep tools out of a
country where there is the money to pay for them. Prohibiting weapon
is, thus, a direct action against the poor.

Worse, sanctions set up an illegal apparatus to get around the
laws. Prohibiting the manufacture and sale of alcohol in the US, in
the 1920's, did not end the drinking of it, but, instead, set up the
conditions for bootleggers and speakeasies. It also increased trhe
tyranny of the US Federal government.

What the UN is trying to do is attack the effects of weapons by
using ineffective means. It intends to create laws which the people
will, then, disobey. It will use this truculence as an excuse to
impose tyranny.
7.20.2008
at 12:34 pm EST Louis Wheeler
15.

Great comments. I agree with the argument about foundational
principle for United States. From which it follows that 2A is key
instrument to check tyranny. (Indeed, one could speculate whether a
complex system such as civil society is stable over time unless it
contains "restoring forces" such as the ability to check tyranny,
whether it is the bureaucratic tyranny that emanates from a palace or
the quasi-anarchic tyranny that is the byproduct of rampant
criminality by gangs on the streets). Other countries are free to
choose different ways to maintain order and we can all see how well
that turns out. I prefer our system and I particularly applaud
Kenneth Anderson's point about the need for the culture to avoid
demonizing guns per se. They are a technology like any other; they
have to be used responsibly; the more that such uses are observed by
the rest of society to be widespread, frequent and responsible (lots
of hunting or at least target practice) the less likely that
demonizing can occur. Because gun-banning politicians will be met by
grassroots skepticism from people who may not use guns but whose
neighbors do, whom they know to be decent and thoughtful people. That
"embedding" of the value is almost more important than explicit policy
measures; and much harder to address by top-down official action. In
a strong sense, it is up to each of us. 
7.20.2008
at 12:59 pm EST oMan
16.

Rebecca Peters' organization, IANSA is a committed supporter of
domestic gun control, having supported the Brazilian gun referendum of
2005 which sought to ban ALL domestic guns. It was fortunately defeated.

In recent years, gun control supporters have lost popular
support in the US, in popular opinion, in the legislatures and now in
the courts as well. This is one of their few remaining options - to
sneak in domestic gun control via international organizations. We
must remain vigilant to ensure that this is shot down. Sadly the
U.N., an organization made of of government-hungry states will likely
support this effort.
7.20.2008
at 1:03 pm EST Kevin P.
17.

Query:

>> I was astonished at how quickly the entire question morphed
from concern about the flood of weapons into African civil wars into
how to use international law to do an end run around supposedly
permissive gun ownership regimes in the US.

In your view, why was this? What was the motivation?
7.20.2008
at 1:37 pm EST geekWithA.45
18.

Of course UN officials are against guns in the hands of youth as
that threatens the indemnity they now have enjoying their infamous and
unabated child prostitution benefits. Before all else, the child
buggering should be stopped and I think a bullet is a rather proper
way to do it. 
7.20.2008
at 2:13 pm EST willem
19.

It was lucky for the U.S. that countries like France and Belgium
agreed to sell or otherwise provide arms to the American colonists,
when King George ordered the disarming of the American colonists. So,
who gets to decide whether those who want or need firearms can have
them - their own government, or do we leave it to the elitists who
want to run the world their way, and have no dissenters who are able
to resist?
-
Gun control in the 20th Century:
Soviet Union- Established gun control in 1929. From 1929 to
1953, about 20 million dissidents, unable to defend themselves, were
rounded up and exterminated.

Turkey- Established gun control in 1911. From 1915 to 1917, 1.5
million Armenians, unable to defend themselves, were rounded up and
exterminated.

China- Established gun control in 1935. From 1948 to 1952, 20
million political dissidents, unable to defend themselves, were
rounded up and exterminated.

Germany- Established gun control in 1938. From 1939 to 1945, 13
million Jews and others, unable to defend themselves, were rounded up
and exterminated.

Cambodia- Established gun control in 1956. From 1975 to 1977, 1
million educated people, unable to defend themselves, were rounded up
and exterminated.

Guatemala- Established gun control in 1964. From 1964 to 1981,
100,000 Mayan Indians, unable to defend themselves, were rounded up
and exterminated.

Uganda- Established gun control in 1970. From 1971 to 1979,
300,000 Christians, unable to defend themselves, were rounded up and
exterminated.

Defenseless people rounded up and exterminated in the 20th
Century because of gun control: 56 million.
7.20.2008
at 3:01 pm EST Paul
20.

"The craziest person in the room all too often winds up
controlling the agenda; this is sometimes true of global civil society
and advocacy movements as well."

The same is true in spades of civil societies themselves. This
is why we wish to keep the room as small as possible, and this is why
we wish to make sure that not only the controller is armed.
7.20.2008
at 4:00 pm EST Henry Bowman
21.

When I saw the photo of the little girl with the M16, I cringed.

An enlightened society would have taught the young lady to lean
forward more; it's better for balance, center of gravity, and
absorbing the kick from the weapon.
7.20.2008
at 4:31 pm EST Chuck Moss
22.

Response.
Left unchecked, the evil always get their way because the law,
world opinion, and rights are meaningless to them. They care only
about their own needs and desires, using force unsparingly to achieve
them. 

Coming from a realm of politics and policy, and without the
slightest clue as to the fundamentals of human nature, elites don't
understand this. The DC city council (another spate of shootings this
weekend as the great revolver registration drive gets underway) is of
the same ilk as the UN and most NGOs. Just a few more rules and a
little less individual liberty for the masses, and the city or the
world will be a perfect place. Trust them, for they know better.

As it happens, we have a modern example of the application of
their methods in the real world, the Balkans, where an arms embargo in
the 1990s had no impact on the brutes who stole or purchased whatever
they wanted from the Warsaw Pact closeout sale. 

The UN did engage, bringing hope to the minimally armed folks
who were being ethnically cleansed, an entirely successful
intervention if one overlooks the 1995 massacre in UN-declared safe
area of Srebrenica. In the end, the UN prevailed, showing its might
and righteousness when it brought the evil Slobodan Milosevic to
justice in a trial rivaling Nurnberg, the sausage, not the tribunal. 

(It's a pity that Ratko Mladic, the Bosnian Serb general who
ordered the Srebrenica slaughter, and his boss, Radovan Karadzic,
remain at large, but they are lucky guys: the criminal tribunal formed
to judge their doings expires in 2010.) 

As for arms in Africa, the Hutus made effective use of machetes,
and sky-high fuel prices may put a damper on necklacing. 

Finally, why is the US sticking out like a sore thumb when it
comes to firearms? What about those stinking Swiss, huh? Why aren't
the insults thrown their way? Oh wait, they're European. Sorry.
7.20.2008
at 5:31 pm EST Mike Cakora
23.

I can understand the desire to control the spread of weaponry in
the failed or broken states (as in Africa) that you mention. But how
is it that dictators (again in Africa) who are liquidating populations
or terribly brutalizing them (especially helpless women and children)
are tolerated for so long by the UN which hems and haws for years
while the carnage goes on?
7.20.2008
at 5:41 pm EST fg
24.

Response.Saying that it is in failed States and broken countries
where "gun control" or restriction on the supply of small arms is
allowable or needed. It is precisely there that law cannot be enforced.

I will point out that in Iraq from the time of Saddam's
overthrow to today, US and coalition forces allow Iraqi families to
keep one AK-47 for their personal protection. Two AK-47's are seen as
a potentially agressive force, but one, families were allowed to keep.

I'd say it is particularly in failed States, where the ordinary
people get crushed, that they need personal firearms and international
schemes to limit this supply make it harder for ordinary people to arm
themselves for self-protection. The organized forces will be able to
get around any international scheme.

Russia and China, not to mention the NorKo's, can't even get on
board to try to prevent Iran from building nuclear weapons and you
think they'll get on board to stop selling AK's, mines, grenades or
RPG's? Send me some of what you're smoking.
7.20.2008
at 7:01 pm EST Jabba the Tutt
25.

I greatly fear that any successful UN effort in this regard will
end up like the arms embargo in Bosnia-unjustly favoring one side who,
for whatever reason of historical accident, happens to have their
hands on the levers of power when the UN wakes up and decides to
intervene.

About the only difference I would have with the previous
commenters here is that, unlike Thomas Collins, I think we're past the
point where good faith can be simply assumed.
7.20.2008
at 8:31 pm EST Kirk Parker
26.

The U.N. was created to be the place to talk in order to stop
future wars between large nation states. It has changed so that the
Human Rights Commission is run by those nations that have the worst
respect for civil rights. So the moral authority of the U.N. is suspect.

Human nature is constant. There are those people that wish to
have power over others. The easiest way is to force them with the use
of arms. Imprisonment, rape and destruction of property are more
extreme ways. Mugabe's Zimbabwe is a current example.

A large percentage of people do not need any laws to be decent.
Without laws, decent people do not choose to rob, steal, murder,
assault and rape. The law is a method of rules the society agree upon
to punish those people who choose to act against society best
interest. The law needs to moral authority in order that most will
fell in needs to be obeyed. Religion has fulfilled this purpose. The
Judaic law, the Ten Commandments, and Sharia law are all attempts to
use religion to provide the moral authority for the law. In other
regimes it was the law that the King made. Certain basic are common.
Punishments for stealing, assault, murder and rape.

In order to have a population of decent people, morals and
ethics needs to inculculated early in the children. Children are
taught that it is wrong to take from others for personal gain, not
hurt another for anger or to bully. When these morals are not taught
or the contradictions of applications happen, then the breakdown of
social order appears. The law never stops bad behavior it is just the
means to punish behavior.

The disorder and low level warfare that is common in Africa is
from a culture of power to accrue to one single individual. President/
Kings. But they do not have a power transfer mechanism. The system of
royalty had a king which had it lords that were sworn loyal to the
king. The king had an obligations and duties to rule for the benefit
of his subjects. IF he did well, his kingdom became rich. If he was
despotic his kingdom got poorer and weak and a target from other kings.

The American system was designed to decentralize power in order
to avoid the despotic tendencies of single person rule. Also the
tendencies of bureaucrats to gather power and regulate those they
govern. The means to change the government or to resist when rules
become too restrictive was reserved to the individual with ownership
of arms. The system so far has worked.

The big problem in Africa is that the balance of power is
disrupted when one group has all the means of force and the others do
not. Arm deliveries can preserve balance of power or increase conflict
levels when the village defends itself against human predators. If the
towns organize themselves against human predation, this is the
beginning of a city-state.

Peace is not always the goal. Death is peace and so is despotic
rule. Peace does not tranquility and fairness. So peace is not always
desirable. If the people of Zimbabwe had the means and will they could
have stopped the police state that evolved under Mugabe.
Small arms shipments could have helped the populace that is
intimidated. But the time to revolt was long past and the people
choose to put their faith not in arms but in words and elections.

So is shipment of arms to Africa destabilizing? The answer can
be true if the arms goes to people who choose to resist or revolt. The
shipment to arms to those in power like the Chinese shipment to
Zimbabwe actually stabilizes the country, by giving the balance of
power to the police state of Mugabe. This stabilization is not to the
benefit of the population. So is the destabilizing impact of small
arms to the population or contesting forces bad or good? In my
opinion it is good, but that is from the standpoint of an American who
believes in individual freedom.







7.21.2008
at 11:37 am EST RAH
27.

Hmmm. Letting an organization currently dominated by the
biggest, ugliest collection of dictators, theocrats and just plain
murderous thugs ever seen control my access to the tools of self defense?

Pass. Next!
7.21.2008
at 5:04 pm EST mojo
28.

Rebecca Peters and the anti-gun zealots at the U.N. are
once again objectifying a problem. Disarming the victims
of state aggression and genocide is not in the interest
of the cause of Liberty. Their so-called "Civil Society" depends
upon authoritarian top-down control rather than recognising
the rights of the individual. The U.N. is not an organisation
to be entrusted with defense of freedom or much of anything
else.
7.21.2008
at 7:12 pm EST Doug Graham

Trackbacks and Pingbacks
1.

[...] PROF. KENNETH ANDERSON on the U.N. and international gun
control efforts. [...]
7.20.2008
at 10:10 am EST ZEITGEIST
2.

N & O Roundup (20 July 2008) Obamallah Was Right All Along(?)
Edition.

Maliki laid a nice big present in Obama's Marxist lap. Or did he?

Sunday funny from Flopping Aces
Clicked a Link that led me to the Pew Research Center to take a
quiz. I took the Political Typology Test and my results were "di.
7.20.2008
at 10:38 am EST Democrat=Socialist
3.

[...] think this statement is mostly true: I think that US gun
ownership supporters are entirely too romantic about what widespread
automatic [...]
7.20.2008
at 4:06 pm EST Snowflakes in Hell > What I Agree With Might
Surprise You
4.

[...] http://opiniojuris. <http://opiniojuris.org/2008/07/19/intern>
org/2008/07/19/intern.; [...]
7.20.2008
at 6:33 pm EST dispatches from TJICistan > Blog Archive > up to,
and including



 


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