Explore The NRA Universe Of Websites

APPEARS IN News

Arms Trade Treaty Sets Sights on Industry

Wednesday, September 6, 2023

Arms Trade Treaty Sets Sights on Industry

After almost ten years of utter failure, the Arms Trade Treaty (ATT) has shifted its focus.  Once touted as the United Nation’s (UN) crown jewel in preventing and eradicating the illicit trade and diversion of conventional arms, last week’s Ninth Conference of States Parties (CSP9) served as an almost singularly focused attack on the global firearms industry.

It was remarkable shift.  The ATT’s annual conferences have historically focused solely on procedural issues.  This year, however, under the guise of protecting human rights, States Parties to the treaty utilized the week’s discussions on ways to incorporate the articles of the UN Guiding Principles on Business and Human Rights (UNGP) into the treaty.   

Under the 31 principles contained in the UNGP, which were unanimously adopted by the United Nations Human Rights Council in 2011, businesses have a responsibility to respect human rights and, if violated, victims are to be afforded a remedy.  In the context of the ATT, the argument is that violations of human rights through the use of firearms are so foreseeable that any time one occurs those involved in the international trade of that firearm, from the manufacturer all the way down to the shipping companies, brokers, and payment processors, bears liability.

The premise for this liability is a term coined in the UNGP - Human Rights Due Diligence (HRDD).  Under the UNGP, HRDD is merely a recommendation, whereas once incorporated into the ATT it can become a legally binding requirement.  Furthermore, while the 113 States Parties to the ATT only account for 38% of global arms exports and 35% of global imports, the mere existence of the treaty raises the argument for the anti-firearm community that its legally binding terms extend beyond its States Parties to the global community as whole as an international norm.  For U.S. industry what this means is that any incorporation of HRDD into the ATT would not only create the possibility of liability through international channels, but also stifle the involvement of lawsuit-weary shipping companies and payment processors involved in the arms transfer process.   

Notably, as arguments of support for incorporation of the HRDD into the ATT were made at CSP9, the criminal misuse of firearms was never acknowledged.  Instead, justification for liability would rest solely on a violation of International Human Rights, International Humanitarian Law, or any contribution towards human suffering or gender-based violence committed with a firearm.

Also notable was the recognition and dismissal of the idea that the ATT neither has the authority to create such a standard nor that State Parties themselves are required to conduct their own due diligence analysis before authorizing a transfer of conventional arms under the existing terms of the treaty.  Instead, the argument was made that government authorization was not enough to shield the industry from liability.

It is no surprise that this effort was led by Mexico, who, being unable to control crime within its border, has placed the blame for any crime committed with a firearm almost singlehandedly on the United States.  Accordingly, for them, creating this liability at the international level is just another step in bolstering their attempts to argue in our courts that the U.S. firearms industry is both responsible and liable of all their problems. 

A casual follower of the ATT will likely note that HRDD is not contained in the final report of CSP9 and wonder why, despite this oversight, this was not a win.  We can assure you it was not.  One must remember that when it comes to all things UN, this is a game of chess, not checkers.  Creating a new liability standard requires a foundation, and CSP9 was simply the groundwork for it.  The idea was raised and the necessary support was generated.  Accordingly, all that was needed in the final report was a reference to build from, and one need not look past paragraph 22 to find it.

Not only does that paragraph “welcome” the UNGP and encourage State Parties to further work on applying them in the context of the ATT, but it also notes that the body “took note with appreciation” of the HRDD ridden working paper entitled “Responsible Business Conduct and the Arms Trade Treaty” submitted by Mexico, Austria and Ireland.

This was the goal, and it was accomplished.  The ATT now has the foundation to build from, and the attack against industry has begun.

 

TRENDING NOW
Virginia: Committee Hearing on Statewide Carry Ban This Friday

Thursday, February 12, 2026

Virginia: Committee Hearing on Statewide Carry Ban This Friday

On Friday, February 13th, the House Public Safety committee will hold a hearing on House Bill 1524, jeopardizing concealed and open carry.

New Mexico: Sweeping Gun Control Bill Passes House Committee!

Thursday, February 12, 2026

New Mexico: Sweeping Gun Control Bill Passes House Committee!

Last night, the New Mexico House Commerce & Economic Development Committee passed the omnibus gun control package despite the testimony of FFLs, competitive shooters, and citizenry concerned with their self-defense. SB 17 now moves to ...

New Mexico: Sweeping Gun Control Bill Passes Senate

Sunday, February 8, 2026

New Mexico: Sweeping Gun Control Bill Passes Senate

Last night, the New Mexico Senate passed an omnibus gun control package by a vote of 21 to 17 that would severely undermine the Second Amendment rights of law-abiding New Mexicans and threaten the viability ...

Virginia: Excise Tax on Firearms Continues to Advance, Other Gun Control Stalls

Wednesday, February 11, 2026

Virginia: Excise Tax on Firearms Continues to Advance, Other Gun Control Stalls

As we swiftly approach the legislative crossover deadline in Virginia, radical anti-gun legislators continue to push policies targeting law-abiding gun owners.

Virginia Gun Owners Face Magazine Confiscation!

Monday, February 2, 2026

Virginia Gun Owners Face Magazine Confiscation!

Astute Virginia gun owners anticipated terrible gun control legislation from the 2026 General Assembly. Still, some may be shocked to learn that anti-rights zealots in the Virginia Senate have advanced a bill to CONFISCATE standard capacity firearm ...

Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Oregon: Committee Action for Ballot Measure 114 Implementation Bill Rescheduled

Wednesday, February 11, 2026

Oregon: Committee Action for Ballot Measure 114 Implementation Bill Rescheduled

Just hours after our previous alert, the House Judiciary Committee has rescheduled the work session on House Bill 4145, the Ballot Measure 114 bait and switch implementation bill, to Monday, February 16th.

Virginia: Gun Control on Senate Floor Today

Monday, February 9, 2026

Virginia: Gun Control on Senate Floor Today

Today, February 9th, the Senate will vote on several gun control bills, including the semi-auto and magazine ban and the industry liability bill.

JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

News  

Monday, February 9, 2026

JP Morgan, in Growing Trend, Backtracks on Anti-Gun Policies

Beginning with the Obama-Biden administration, financial institutions developed a troubled relationship with the firearms industry.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.