It took awhile but I received a response from Mo Brooks. In fairness I have to say his answer was well thought out and his points were made in a very professional manner.
I knew Mr. Brooks was a member of the House of Representatives and in actuality would have no vote concerning United Nations Arms Trade Treaty (ATT) as Senators vote to ratify treaties. However, I wanted to know Mr. Brooks position on the ATT.
I want to say thank-you to Mr Brooks for taking the time to respond and to further explain his position on the 2nd Amendment which is an important issue to me.
August 8, 2012
Mr. Christopher Massey
Rogersville, AL 35652
Dear Mr. Massey:
Thank you for contacting me to share your views regarding the United Nations Arms Trade Treaty, a potential multilateral treaty with the intention of regulating international trade of conventional weapons.
Firstly, Article II, Section 2, Clause 2 of the U.S. Constitution makes it clear that it is exclusively a responsibility of the United States Senate to consider and ratify international treaties: "[The President] shall have Power, by and with the Advise and Consent of the Senate, to make treaties, provided two thirds of the Senators present concur...”
Per the Constitution, and as a member of the House of Representatives, I have no vote on the United Nations Arms Trade Treaty. Notwithstanding that I have no vote on this issue, I share your concerns and will pass our objections on to Alabama Senators Richard Shelby and Jeff Sessions (both of whom are very likely to oppose this treaty).
Secondly, the right to keep and bear arms is a guaranteed right in the United States Constitution. Moreover, the Supreme Court in the 1957 case Reid v Covert established that the Constitution supersedes international treaties ratified by the United States Senate. So, even with the United Nations Arms Trade Treaty, a Supreme Court that follows the Constitution should hold that the treaty has no effect on our 2nd Amendment Rights.
I am a firm believer that Second Amendment rights must be preserved. The Second Amendment may have done more to keep America free and democratic than any other provision in our Bill of Rights. I have no intention of supporting the weakening of our right to bear arms. To the contrary, I have and will continue to defend our Second Amendment rights with my vote.
Please feel free to contact me again in the future. You may wish to visit my website at http://brooks.house.gov/ for additional information about issues and legislation before Congress.
Mo Brooks Member of Congress