UPDATE ON U.N. ARMS TREATY.

The U.N.’s Arms Trade Treaty, after a month long conference, was tabled for the time being on Friday, July 27. In order for the treaty to be passed, all 193 U.N. member states had to come to a consensus, which did not occur. Many supporters of the treaty have blamed the United States for the draft not being finalized. Russia and China, in addition to the United States, stated that they need more time to consider the proposal. On July 26, a bipartisan group of 51 U.S. senators said, in a letter to President Obama and Secretary of State Hillary Clinton, that they would oppose the treaty if it does not protect the Second Amendment Right to Bear Arms and that the current draft is an expansion of gun control. The draft included all types of arms, including guns that could be used for self-defense. They stated, “Our country’s sovereignty and the constitutional protection of these individual freedoms must not be infringed.” In order for a treaty to be passed, two-thirds of the Senate must vote in favor of it. Despite negotiations having failed this time, which is certainly a victory for gun owners, the U.N. and many supporters are fighting to have the treaty passed during the body’s new session, beginning in September. The U.N.’s secretary-general has called this failure a simple “setback.” Mexico, along with more than 90 countries, say they “are determined to secure an Arms Trade Treaty as soon as possible.” Hopefully, Second Amendment supporters will continue to win the battle against the Arm’s Trade Treaty.

CASE UPDATE. Gowder v. Chicago.

The United States District Court for the Northern District of Illinois recently held in Gowder v. Chicago that it is unconstitutional to treat people with non-violent misdemeanor convictions the same as convicted felons. Plaintiff, Shawn Gowder, was convicted as a first-time offender for possession of a firearm in violation of an Illinois law. His record did not prevent Gowder from receiving a Firearm Owner's Identification card, which means he could legally possess a gun in Illinois. However, Chicago police denied his application. Consequently, Gowder sued the city, claiming that Chicago's ordinance banning non-violent misdemeanants from possessing guns in their homes for self-defense is unconstitutionally vague and violates the Second Amendment. The Court agreed with Gowder, saying, the ordinance "does not provide a person of ordinary intelligence a reasonable opportunity to know what is prohibited," because it denies permits to people convicted of "unlawful use of a weapon," which is not defined. Gowder was convicted under a law that refers to "unlawful use of a weapon," but the law also applies to people who merely possess firearms. The Court held, "A person of ordinary intelligence would understand or interpret the term 'unlawful use of a weapon that is a firearm' to mean using a firearm for an unlawful purpose, and not mere unlawful possession." The Court explained how non-violent misdemeanants were not historically prohibited from possessing guns. In addition, infringements on the Second Amendment right should be subject to the highest level of review. Chris Cox, executive director of NRA'S Institute for Legislative Action, said, "This ruling sends a powerful message that the Second Amendment cannot be eliminated by a city ordinance." Other portions of Chicago's ordinance are being questioned in Benson v. City of Chicago. The ruling in Gowder v. Chicago is important for gun owners everywhere because it protects them from losing their Second Amendment rights because of a mere non-violent misdemeanor. This means more people will be able to practice their constitutional right without infringement by a City's laws. If you or anyone you know is facing an unjust legal issue with regards to firearms call today for a consultation.

United Nations & Gun Control.

The United Nations' proposed Arms Trade Treaty (ATT) is a serious threat to American gun owners and now includes civilian arms. The treaty supposedly promotes transparency in the arms trade and would prevent international transfers of arms. In addition, the ATT would expose the records of America's gun owners to foreign governments. U.N. Secretary General Ban Ki-moon said, it was a "disgrace" that there is not a treaty that includes small arms because the world is "over armed" and insisted upon strict national legislation to control arms. Norway concurred and called for the treaty to include "non-military arms,". While New Zealand stated that the treaty should not "regulate state's internal matters, such as condition of domestic sales of arms or national systems of gun control or registration," Mexico believes that individuals' rights, such as the Second Amendment, are not an excuse for "products traded without controls" and that civilian firearms need to be included. Mexico, France, Germany, Britain, and Sweden agreed that the ATT should include "all types of conventional weapons, notably including small arms and light weapons, all types of munitions, and related technologies." In order to ratify a treaty, two-thirds of the U.S. Senate must be in favor of it. Last year, 58 senators, in the form of a letter, informed President Obama that they would oppose a treaty that affected civilian ownership of firearms, challenge the authority of Congress to regulate firearms, or call for an international gun registry. Furthermore, 130 representatives sent a letter to President Obama stating, "The U.S. must not accept an ATT that infringes on our constitutional rights, particularly the fundamental, individual right to keep and to bear arms that is protected by the Second Amendment, as well as the right of personal self-defense on which the Second amendment is based. Accordingly, the ATT should not cover small arms, light weapons, or related material, such as firearms ammunition. Further, the ATT should expressly recognize the individual right of personal self-defense, as well as the legitimacy of hunting, sports shooting, and other lawful activities pertaining to the ownership of firearms and related materials." National Rifle Association's executive vice president, Wayne LaPierre, says the treaty, "cheapens our rights as Americans citizens, and weakens our sovereignty" and could potentially lead to the erosion of the Second Amendment since the ATT focuses on government's having rights to guns, instead of individuals having rights. The conference on the ATT will conclude on July 27. Since this is a critical and complex issue, you can expect updates. As an Ohio Second Amendment Law Firm, Barney & DeBrosse, LLC, will keep a close eye on any developments.

CONCEALED HANDGUN LICENSE ANNIVERSARY!

This year marks the 8th anniversary of Ohio's Concealed Carry Law. Before the adoption of the concealed-handgun license law in 2003, anti-gun advocates claimed the passage would lead to incredible violence. However, despite the unfounded warnings, concealed carry laws throughout the country have not raised gun-related crime or injuries. Ohio was the 46th state to adopt licensed concealed carry. Now, 49 states have a version of the law, with only Illinois not having adopted one. Unfortunately, some states, like New York and California, have "may issue" laws. This means that bureaucrats have complete discretion over whether a person will receive a license. Maryland recently struck down its "may issue" law because of the fact that it gave sole discretion to government officials. Hopefully more states continue to strike down such language, allowing all qualified citizens to obtain a license. It is important to know that the spread of the concealed carry laws has not increased crime or gun-related accident rates. Accidental gun injuries are decreasing, according to the national Centers for Disease Control and Prevention, as well as NRA-ILA. In addition, according to several sources, including Buckeye Firearms Association, unjustified shootings by licensees continue to be extremely rare. Because licensees have proved skeptics wrong, Ohio's concealed carry law has changed for the better over the last eight years. For example, at first, Ohio forced licensees to disarm when using a bathroom in a park or highway rest stop, but this has been removed. Also, Ohio townships cannot interfere with a person's right to carry, which means an Ohio licensee can move freely throughout the state without worrying about where he is allowed and not allowed to carry.