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The Second Amendment and Global Gun Control

The Second Amendment and Global Gun Control

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The Second Amendment And Global Gun Control

This article explores the interplay between the international law involved in global gun prohibition efforts and the domestic law of the United States. Joseph Bruce Alonso is an attorney in Marietta, Georgia. This Article is based on a paper which received first prize in the NRA Civil Rights Legal Defense Fund student lawyer essay contest in 2002.
The Second Amendment And Global Gun Control

This article explores the interplay between the international law involved in global gun prohibition efforts and the domestic law of the United States. Joseph Bruce Alonso is an attorney in Marietta, Georgia. This Article is based on a paper which received first prize in the NRA Civil Rights Legal Defense Fund student lawyer essay contest in 2002.

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Categories:Types, Research, Law
Published by: AmmoLand Shooting Sports News on Mar 12, 2012
Copyright:Attribution Non-commercial

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 The Second Amendment and GlobalGun Control
 Joseph Bruce Alonso
FNa1
 
This article explores the interplay between the international law involved in global gun prohibition efforts and the domestic law of the United States. Joseph Bruce Alonso is an attorney in Marietta, Georgia. This  Article is based on a paper which received first prize in the NRA Civil Rights Legal Defense Fund student lawyer essay contest in 2002.
I
NTRODUCTION
 
 The right to bear arms carries a unique significance in American law and culture and now faces conflict withinternational gun control. Left unchecked, international guncontrol will compromise a fundamental human right. This
 Article explains the United Nations‟ recent efforts at
international gun control and how those efforts conflict with the American right to bear arms. The first part of this Article describes international law andUnited States domestic law, and analyzes the interaction betweenthe two legal schemes. The second part details the July 2001 United NationsConference on the Illicit Trade in Small Arms and Light Weapons in All its Aspects. The second part also examines theUnited Nations Convention Against Transnational Organized
Crime, and the Convention‟s Protocol against the Illicit
Manufacturing of and Trafficking in Firearms, Their Parts andComponents and Ammunition. Finally, the second part discussesthe International Criminal Court. The third part explains how conflicts between international
law and a sovereign state‟s law are resolved, and focuses on
how 
global gun control conflicts with the United State‟s legal and
cultural right to bear arms. The fourth part predicts how proposed international guncontrols will infringe upon the American right to bear arms.
 The Second Amendment‟s Right to Bear Arms
is intendedto foster self-defense in all its forms as a human right. The rightto bear arms, or lack thereof, alters the political balance betweenindividuals, private groups, governmental organizations, localsovereigns (such as the states in the United States and the
 
 
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 Lander in Germany) and federal sovereigns (such as the FederalGovernment in the United States). Gun ownership, as well asthe lack of gun ownership, has far reaching consequences. Theeffects of international gun control are global and will have anenormous impact on the rights and political power of individuals, as well as on sovereign states, global regions,supranational authorities and perhaps a quasi-world government.Conflicts between international law human rights of the UnitedStates should be anticipated and avoided.
I.
 
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ELATIONSHIP BETWEEN
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NTERNATIONAL
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 AW  AND
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NITED
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UNICIPAL
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Defining the relationship between international law and thedomestic law of sovereign nations, often referred to as
“municipal law,” presen
ts novel legal questions. Municipal law and international law stem from different forms of authority. The differences in form and source can make the systemsincompatible.Municipal law is explicit, in that the law is passed by asovereign and applied to citizens within an enclosed system.Enclosed systems establish the method of creation, form, andlegal weight of all law promulgated with in the system. Questionsof legislation drafting, dispute resolution, legislativeinterpretation and enforcement of legislation are answeredaccording to the system.Conversely, international law is not passed by a sovereignbut rather stems from an agreement between sovereign states.Until recently, international law resembled contract law betweennation states absent any common superior or independent body for adjudication and appeal in cases of disagreement.
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 Some commentators define traditional international law as
governing “relations between independent States. The rules of 
law binding upon sovereign States therefore emanate from theirown free will as expressed in conventions or by usages generally 
accepted as expressing principles of law . . .”
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However with therise of New International Law,
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“international law‟s modern
emphasis on human rights has increasingly concerned itself with
the regulation of a state‟s relationship with its own citizens, an
area of regulation traditionally understood as exclusively withinthe sovereignty of individual nation-
states.”
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  Analysis of international law by traditional standards is
 
 
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 difficult and is open to debate. International law does not havean equivalent enclosed system. Essential aspects of predictability and even legitimacy change over time. The continuous change instructure has created serious faults in international law. The legal weights, method of passage and dispute resolution are notestablished in a uniform way. Such simple aspects as to whomthe particular law applies, and the shape of jurisdiction change without warning. Agreements between sovereign States take a variety of forms. Breach of international agreements and irreconcilabledisagreements were traditionally dealt with in the same manneras other disagreements between sovereign states. For decades,sovereign states adhered to treaties out of convenience andmoral obligation. When a sovereign state no longer wanted toabide by the treaty, it simply stopped and faced the discontent of the other member sovereign states. With the creation of theLeague of Nations, and then the United Nations
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, internationallaw changed dramatically. The United Nations evolved into akind of supranational authority. Now, with more international
organizations, agencies, courts and even “peace keeping” troops,treaties are increasingly “enforced.”
 A. The United States Constitution
 The United States Constitution is the “supreme law of theland.”
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All laws in the United States are born out of theConstitutional system. The United States Constitution sets outthree branches of government:: the legislative, executive andjudicial. The Legislative Branch passes legislation
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; the JudicialBranch settles disputes and interprets legislation; the ExecutiveBranch enforces legislation and holdings of the Judicial Branch.Issues of execution and adjudication are usually settled prior toenacting of legislation.Forms of United States municipal law include constitutionallaw, federal and state legislation, executive orders, administrativerules and regulations, and case law. Each of these laws holds apredetermined status. Legislation can be repealed and amended.Court cases may be overturned. Supreme Court cases may beoverruled by subsequent Supreme Court cases. Even the UnitedStates Constitution can be amended by a process specified within the document.
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A predictable hierarchy dependent onprecedent solves most legal problems such as creation of laws,enforcement of laws, jurisdictional issues and conflicts of laws.

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