Carolyn McCarthy on The Second Amendment

Last Updated : Jan 19, 2011

10 Round Capacity Law

In January of 2011, Congresswoman McCarthy introduced legislation that would prohibit the use or sale of magazines that held more than 10 rounds of ammunition.  The law was a response to shooting deaths of numerous people during the attack on Congresswoman Giffords in Arizona. In addition to prohibiting the manufacturing of magazines which held more than 10 rounds, the law would also prohibit the use of any magazines made before the ban went into affect. A 10 year penalty would be enforced on anyone who breaks the law.

The only purpose for the existence of these devices is to be able to shoot as many people as possible as quickly as possible," McCarthy wrote in a letter to her colleagues that accompanied the bill. “There is no reason that these devices should be available to the general public."

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. Carolyn McCarthy voted against the reciprocity legislation.

Carolyn McCarthy voted against 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. Carolyn McCarthy voted against the The Protection of Lawful Commerce in Arms Act.

Carolyn McCarthy voted against 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. Carolyn McCarthy voted against the Protection of Lawful Commerce in Arms Act.

Carolyn McCarthy voted against 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. Carolyn McCarthy voted in favor of the amendment to permit lawsuits for negligence purposes.

Carolyn McCarthy voted in favor of 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. Carolyn McCarthy voted in favor of the amendment to allow a lawsuit if the seller should have known the purchaser intended to use the gun illegally.

Carolyn McCarthy voted in favor of 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. Carolyn McCarthy voted in favor of eliminating the requirement that the transferor be convicted before a liability action could be taken.

Carolyn McCarthy voted in favor of 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. Carolyn McCarthy voted against the Mandatory Gun Show Background Check Act.

Carolyn McCarthy voted against the Mandatory Gun Show Background Check Act.

 

Sponsored and Cosponsored Legislation

Session-112; Bill Number-H R 308; Large Capacity Ammunition Feeding Device Act - Prime Sponsor

Amends the Brady Handgun Violence Prevention Act to prohibit: (1) the transfer or possession of a large capacity ammunition feeding device, except for its lawful possession within the United States on or before the date of this Act's enactment; and (2) the importation or bringing into the United States of such a device. Sets forth exceptions to such ban. Sets penalties for violations.Requires a large capacity ammunition feeding device manufactured after this Act's enactment to be identified by a serial number that clearly shows that the device was manufactured after enactment and such other identification as the Attorney General may prescribe.

Session-110; Bill Number-H R 1022; Assault Weapons Ban and Law Enforcement Protection Act of 2007 - Prime Sponsor

To reauthorize the assault weapons ban, and for other purposes.

References

[1] Website: Politico.com Article: Carolyn McCarthy unveils gun-control bill Author: SHIRA TOEPLITZ Accessed on: 01/19/2011

User Comments