AmmoLand.com

INTERPOL Rumors

National Rifle Association

Washington, DC --(AmmoLand.com)- Over the past year, we have reported several times on the abundance of rumors being circulated regarding firearm issues. Among other things, we’ve heard phony tales circulating about such things as guns being banned for the elderly, ammunition with expiration dates, a requirement that guns be listed on tax returns, and a prohibition on gun and ammunition imports. The latest scuttlebutt has to do with a recent Executive Order by President Obama concerning the International Criminal Police Organization (INTERPOL).

Some have argued that the order would make INTERPOL and its officials immune from civil suit or criminal prosecution, and that it would therefore allow INTERPOL personnel to seize firearms, kidnap Americans, and otherwise violate U.S. citizens’ rights. Our legal staff has reviewed this order and does not believe it poses any of these threats.

President Obama’s order amends a 1983 order by President Reagan, in which the U.S. recognized INTERPOL as an international organization that is entitled to certain legal immunities under the International Organizations Immunities Act (IOIA).

One of those immunities is immunity from civil lawsuits. Under the doctrine of “sovereign immunity,” foreign governments generally can’t be sued, and the IOIA extended that protection to international organizations. This has been applied to block suits against the United Nations, Organization of American States, and other international bodies.

This means that articles on the recent order are incorrect in claiming that the order made INTERPOL immune from civil suits; INTERPOL was already immune.

Some have also suggested that under the order, INTERPOL agents would receive diplomatic immunity, so they could violate Americans’ rights without fear of criminal prosecution. There are several misconceptions here.

First, diplomatic immunity only protects diplomats, and the IOIA specifically says it does not confer diplomatic immunity on international organization employees.

Second, while the IOIA does provide a limited type of immunity for international organization employees, this is only immunity “relating to acts performed by them in their official capacity.” U.S. courts have interpreted this narrowly. In one case, a court found that a U.N. employee was not immune to a local speeding ticket even though he was actually driving the Secretary General of the U.N. to an official conference. In other cases, courts have found that employees of international organizations can be prosecuted for espionage, because espionage is not among their official duties.

Law enforcement officers working with INTERPOL are detailed from agencies in various countries, such as the FBI or the Royal Canadian Mounted Police. They have no power of arrest outside their own countries. Therefore, a seizure of an American (or of an Americans’ firearms) would likely not fall within the official duties for which INTERPOL officials would be immune from prosecution.

Now don’t take any of this to mean that we underestimate our anti-gun opponents, or that we don’t believe they would happily and readily seize the opportunity to adopt and enforce measures that would limit our freedom. We know full well that they would. Rather, our message is this: Rumors abound, so don’t believe everything you read. If it’s a legitimate concern, rest assured your NRA-ILA will promptly address it and will give you the straight story.

Filed under: Gun Rights News by Ammoland 1 Comment »

Manhattan U.S. Attorney Charges International Arms Trafficker With Narco-Terrorism Conspiracy

New York, NY --(AmmoLand.com)- PREET BHARARA, the United States Attorney for the Southern District of New York, and MICHELE M. LEONHART, the Acting Administrator of the United States Drug Enforcement Administration (“DEA”), today announced that JAMAL YOUSEF, a/k/a “Talal Hassan Ghantou,” an international arms trafficker, was charged with participating in a narco-terrorism conspiracy. The charges stem from a plot by YOUSEF and co-conspirators to sell military-grade weapons to the Colombian terrorist group Fuerzas Armadas Revolucionarias de Colombia (the “FARC”), in exchange for nearly one metric ton of cocaine.

According to the Superseding Indictment unsealed today in Manhattan federal court:

YOUSEF is a former member of the Syrian military. From July 2008 until his arrest on the charges unsealed today, YOUSEF and co-conspirators in Honduras negotiated to sell military-grade weapons to the FARC in exchange for 938 kilograms of cocaine. However, unbeknownst to YOUSEF and his co-conspirators, the purported FARC representatives they were dealing with were, in fact, confidential informants working with the DEA. During the negotiations, YOUSEF’s co-conspirator described the weapons as including 100 AR-15 assault rifles, 100 M-16 assault rifles, 10 M-60 machine guns, C-4 explosives, 2,500 hand grenades, and rocket-propelled grenades. YOUSEF’s co-conspirator also offered to sell 17 to 18 surface-to-air missiles to the FARC, and e-mailed the confidential informants photographs of some of the weapons.

With the full cooperation and assistance of Interpol, YOUSEF was transferred to the United States after his release from a prison sentence served in Honduras. YOUSEF arrived today in New York and is expected to be arraigned in Manhattan federal court this afternoon.

The Superseding Indictment charges YOUSEF with one count of narco-terrorism conspiracy, which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison. The case is assigned to United States District Judge JOHN F. KEENAN.

Mr. BHARARA praised the outstanding investigative work of the DEA, including its Special Operations Division Bilateral Investigations Unit and the Bogota, Colombia, Country Office. Mr. BHARARA also thanked Interpol and the Department of Justice National Security Division and Office of International Affairs for their assistance.

The prosecution of YOUSEF is being handled by the Office’s International Narcotics Trafficking Unit. Assistant United States Attorneys JEFFREY A. BROWN and REBECCA MONCK RICIGLIANO are in charge of the prosecution.

The charges contained in the Superseding Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.

Filed under: Gun Rights News by Ammoland No Comments »