Rick Boucher on The Second Amendment

Last Updated : May 06, 2010

Voting Record

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. Rick Boucher voted in favor of the The Protection of Lawful Commerce in Arms Act.

Rick Boucher 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. Rick Boucher voted in favor of the Protection of Lawful Commerce in Arms Act.

Rick Boucher 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. Rick Boucher voted against the amendment to permit lawsuits for negligence purposes.

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

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

Rick Boucher 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. Rick Boucher voted against the Mandatory Gun Show Background Check Act.

Rick Boucher voted against 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. Rick Boucher cast a "No Vote"

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. Rick Boucher cast a "No Vote"

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. Rick Boucher voted against the Brady Handgun Violence Protection Act.

Rick Boucher voted against the Brady Handgun Violence Protection Act.

 

Sponsored and Cosponsored Legislation

Session-111; Bill Number-H R 5162; Second Amendment Enforcement Act - Cosponsor

Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under federal law from acquiring, possessing in their homes or businesses, transporting for legitimate purposes, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Declares that nothing in such prohibitions shall be construed to prohibit the District from regulating the carrying of firearms by a person, either concealed or openly, other than at the person's dwelling place, place of business, or on other land possessed by the person.

Session-111; Bill Number-H R 5552; Firearms Excise Tax Improvement Act of 2010 - Cosponsor

Amends the Internal Revenue Code to require: (1) excise taxes on recreational equipment to be due and payable on the date for filing the return for such taxes (i.e., quarterly); and (2) the Secretary of the Treasury to assess and collect, in the same manner as delinquent taxes are assessed and collected, mandatory orders of restitution for victims of crime. Increases by 0.25% in the third quarter of 2015 the estimated tax payments of corporations with assets of not less than $1 billion. Provides for compliance of the budgetary effects of this Act with the Statutory Pay-As-You-Go Act of 2010.

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-110; Bill Number-H R 6691; Second Amendment Enforcement Act - Cosponsor

To restore Second Amendment rights in the District of Columbia.

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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