WHAT AMERICANS NEED TO KNOW ABOUT THE UN GUN CONTROL TREATY

 

 

” Now that it’s been proposed, the treaty goes to all the member states to decide on whether to join. Per the U.S. Constitution, in America it must first be signed by the president (which it will), then be ratified by two-thirds of the U.S. Senate (which it won’t). The United States is not likely to join the treaty as a nation, though President Barack Obama will likely push for it.

However, the first danger is that U.S. courts have held we’re bound by “customary international law,” sometimes called the “law of nations.” If enough U.N. member states were to adopt this treaty, a liberal federal court could rule it has become customary international law. The current Supreme Court would never affirm such a ruling, but there is a real danger if Obama changes the balance of the Court over the next three years.

Because federal statutes and treaties are of equal force under the U.S. Constitution, whenever they are in direct conflict, the most-recently passed of the two prevails. So, if somehow this treaty were ratified by the Senate, if Congress were to later pass a statute taking the opposite position, it would trump the treaty. “