Elton Gallegly on The Second Amendment

Last Updated : May 06, 2010

Voting Record

National Right-to-Carry Reciprocity Act of 2011

In November of 2011, the House passed the National Right-to-Carry Reciprocity Act of 2011. The legislation was designed to amend the federal criminal code to authorize a person who is carrying a government-issued photographic identification document and a valid permit to carry a concealed firearm in one state to carry a concealed handgun in another state in accordance with the restrictions of that state. It passed the House with the support of almost all Republicans and about 1/4 of the Democrats. Elton Gallegly voted in favor of the reciprocity legislation.

Elton Gallegly voted in favor of the reciprocity legislation.

The Protection of Lawful Commerce in Arms Act

In 2005, Congress passed the Protection of Lawful Commerce in Arms Act. The act "Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce, or against a trade association of such manufacturers or sellers, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief resulting from the criminal or unlawful misuse of a firearm. The act passed the house in October of 2005 in roll call 534 with the support of almost all Republicans and more than 1/3 of the Democrats. Elton Gallegly voted in favor of the The Protection of Lawful Commerce in Arms Act.

Elton Gallegly voted in favor of the The Protection of Lawful Commerce in Arms Act.

Protection of Lawful Commerce in Arms Act

In 2003, Congress attempted to pass similar legislation as in 2005. The bill passed the House in a 285-140 vote. Elton Gallegly voted in favor of the Protection of Lawful Commerce in Arms Act.

Elton Gallegly voted in favor of the Protection of Lawful Commerce in Arms Act.

Amendment - Negligence

As an amendment to the 2003 Lawful commerce act, Congress sought to permit liability actions against firearms manufacturers, sellers, or trade associations for negligence. The amendment failed by a vote of 144-280. Elton Gallegly voted against the amendment to permit lawsuits for negligence purposes.

Elton Gallegly voted against the amendment to permit lawsuits for negligence purposes.

Amendment - Third Party

As another amendment to the 2003 Lawful Commerce Act, Congress sought to allow lawsuits to be brought against gun manufacturers and dealers for damages that are caused by the criminal misuse of that product by a third party if the firearm transferor knows or has reasonable cause to believe that the recipient is an unlawful user of or addicted to any controlled substance or has been adjudicated as a mental defective or committed to a mental institution. The amendment failed by a vote of 134-289. Elton Gallegly voted against the amendment to allow a lawsuit if the seller should have known the purchaser intended to use the gun illegally.

Elton Gallegly voted against the amendment to allow a lawsuit if the seller should have known the purchaser intended to use the gun illegally.

Amendment - Conviction of Transferor

As another amendment to the 2003 Lawful commerce act, Congress sought to eliminate the requirement for the conviction of a transferor before a liability action could be taken. The amemdment failed 148-278. Elton Gallegly voted against eliminating the requirement that the transferor be convicted before a liability action could be taken.

Elton Gallegly voted against eliminating the requirement that the transferor be convicted before a liability action could be taken.

Gun Show Background Checks

In 1999, the House attempted to pass legislation to close a loophole that allows people to purchase firearms at gun shows without a background check. The Mandatory Gun Show Background Check Act failed to pass in the house due to very little support from the Democrats and only moderate support from the Republicans. Elton Gallegly voted in favor of the Mandatory Gun Show Background Check Act.

Elton Gallegly voted in favor of the Mandatory Gun Show Background Check Act.

Domestic Violence Offender Gun Ban

In 1997, the Domestic Violence Offender Gun Ban passed as an amendment to the Omnibus spending bill for that year. The act banned shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining (protection) order for domestic abuse in all 50 states. The act also makes it unlawful to knowingly sell or give a firearm or ammunition to such persons. Elton Gallegly voted in favor of the legislation containing the Domestic Violence Offender Gun Ban.

Elton Gallegly voted in favor of the legislation containing the Domestic Violence Offender Gun Ban.

Gun Free School Zone Act

In 1997, the Gun Free School Zone Act passed as part of the Omnibus spending bill for that year. The act banned the possession of a firearm while in a school zone. The text of the legislation also contained a number of findings about the dangers of firearms to the nation. It was passed in the same legislation as the Domestic Violence Offender Ban. Elton Gallegly voted in favor of the legislation containing the Gun Free School Zone Act.

Elton Gallegly voted in favor of the legislation containing the Gun Free School Zone Act.

Brady Handgun Violence Protection Act

The Brady Handgun Violence Protection Act was passed in response to an attack on President Reagan in which Secretary Brady was injured. The 1993 law required gun purchasers to pass a background check to ensure that they were not a felon or did not fall into a number of other prohibitive classes. The measure passed the house 238-189. Elton Gallegly voted in favor of the Brady Handgun Violence Protection Act.

Elton Gallegly voted in favor of the Brady Handgun Violence Protection Act.

 

Sponsored and Cosponsored Legislation

Session-110; Bill Number-H R 1399; District of Columbia Personal Protection Act - Cosponsor

To restore Second Amendment rights in the District of Columbia.

Session-110; Bill Number-H R 4900; Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform and Firearms Modernization Act of 2007 - Cosponsor

To reform the Bureau of Alcohol, Tobacco, Firearms, and Explosives, modernize firearms laws and regulations, protect the community from criminals, and for other purposes.

Session-109; Bill Number-H R 1288; District of Columbia Personal Protection Act - Cosponsor

To restore Second Amendment rights in the District of Columbia.

Session-108; Bill Number-H R 1036; Protection of Lawful Commerce in Arms Act - Cosponsor

To prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages resulting from the misuse of their products by others.

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