Barack Obama - The Second Amendment

Summary

In 1996, State Senator Obama answered a questionaire and stated that he supported a complete ban on assault weapons, mandatory waiting periods, and background checks. Claims by Senator Obama that a staffer filed out the form were debunked by media outlets. Those same objectives were supported by State Senator Obama in a 1998 political awareness test. During a 2004 debate for the US Senate seat, Barack Obama mocked his opponent for not supporting a ban on assault weapons which he said had only one purpose: to kill people.

Early in the 2008 election, Senator Obama stated that he supported the DC gun ban. He stated that he believed that the Constitution confers an individual right to bear arms, but just because you have an individual right does not mean that the state or local government can’t constrain the exercise of that right. After the supreme court ruling which struck down the DC ban, Senator Obama stated that the ruling was still consistent with his views that the community can restrict those rights.

Senator Obama opposes the concealed carry right which allows people to carry firearms while concealed. He has allowed for an exemption for retired cops who may need to carry a weapon to protect themselves against threats due to their service.

As part of a questionnaire to work in the Obama administration, potential employees were asked to list any weapons they owned, the registration information, and the purpose of the weapon.

In May of 2009, President Obama made a speech in which he urged the Senate to pass a treaty which would have allowed other countries to track US firearms, and may have prevented the reloading of ammunition by marking bullets and shells to match.

Assault weapons bans and overall gun bans

In 1996, State Senate hopeful Obama filled out a questionaire from a Chicago nonprofit, Independent Voters of Illinois. He gave these responses:

35. Do you support state legislation to:
a. ban the manufacture, sale and possession of handguns? Yes.
b. ban assault weapons? Yes.
c. mandatory waiting periods and background checks? Yes.

Despite the fact that his campaign said Obama did not fill out the questionnaires--a staffer did--and that he may have jotted some notes on the front page of the questionnaire, Factcheck.org has found that the writing on the form was that of Obama's.

In July of 1998, Obama supported the following goals on the State Legislative National Political Awareness test:

• Ban the sale or transfer of all forms of semi-automatic weapons.
• Increase state restrictions on the purchase and possession of firearms.
• Require manufacturers to provide child-safety locks with firearms

In October 2000, State Senator Obama co-sponsored legislation in the Illinois Senate to limit handgun purchases to one per month. The legislation did not pass.

While debating Mr. Alan Keyes during the Illinois Senate campaign in 2004, State Senator Obama described the fact that President Bush did not re-institute an assault weapons ban as a scandal.

Let's be honest. Mr. Keyes does not believe in common gun control measures like the assault weapons bill. Mr. Keyes does not believe in any limits from what I can tell with respect to the possession of guns, including assault weapons that have only one purpose, to kill people. I think it is a scandal that this president did not authorize a renewal of the assault weapons ban.

D.C. Gun Ban

In February of 2008, in a primary interview, Senator Obama was asked about the D.C. gun ban and made the following remarks:

Q: You said recently, “I have no intention of taking away folks’ guns.” But you support the D.C. handgun ban, and you’ve said that it’s constitutional. How do you reconcile those two positions?

A: Because I think we have two conflicting traditions in this country. I think it’s important for us to recognize that we’ve got a tradition of handgun ownership and gun ownership generally. And a lot of law-abiding citizens use it for hunting, for sportsmanship, and for protecting their families. We also have a violence on the streets that is the result of illegal handgun usage. And so I think there is nothing wrong with a community saying we are going to take those illegal handguns off the streets. And cracking down on the various loopholes that exist in terms of background checks for children, the mentally ill. We can have reasonable, thoughtful gun control measure that I think respect the Second Amendment and people’s traditions.

At the presidential debate in Philadelphia in April of 2008, Senator Obama was again asked about the legality of the gun ban that the city of Washington D.C. had in place. 

Q: Is the D.C. law prohibiting ownership of handguns consistent with an individual’s right to bear arms?

A: As a general principle, I believe that the Constitution confers an individual right to bear arms. But just because you have an individual right does not mean that the state or local government can’t constrain the exercise of that right, in the same way that we have a right to private property but local governments can establish zoning ordinances that determine how you can use it.

Q: But do you still favor the registration & licensing of guns?

A: I think we can provide common-sense approaches to the issue of illegal guns that are ending up on the streets. We can make sure that criminals don’t have guns in their hands. We can make certain that those who are mentally deranged are not getting a hold of handguns. We can trace guns that have been used in crimes to unscrupulous gun dealers that may be selling to straw purchasers and dumping them on the streets.

In June of 2008, Senator Obama was asked about his previous statements on the constitutionality of the D.C. in the aftermath of the recent supreme court decision to overturn the law.  In the response to that question, Senator Obama remarked that he never claimed that the law was constitutional.

Q: In November, you had mentioned that the DC handgun law was constitutional, now you're embracing the supreme court's 5-4 decision striking down that law? 

A: That's not what I said back in November.  

Q: Your aide had mentioned something about that

A: i don't know what my aide said, but I have been very consistent, I teach constitutional law and what I said was that I believe in the second amendment as being an individual right and have said that consistently, I also think that that individual right is constrained by the community to maintain issues of public safety.  I don't think that those two principles are contradictory, and in fact what I have been saying consistently is what the supreme court essentially said today.  The D.C. law may have been struck down, but they also affirmed the right for local communities to engage in background checks and other common sense laws that most lawful gun owners would agree with. 

Concealed carry

Although he is against concealed carry laws, in August of 2007 State Senator Obama voted to allow retired cops to carry a concealed weapon, noting that their previous job provided them with training.  When discussing the vote, State Senator had the following to say:

I am consistently on record and will continue to be on record as opposing concealed carry. This was a narrow exception in an exceptional circumstance where a retired police officer might find himself vulnerable as a consequence of the work he has previously done--and had been trained extensively in the proper use of firearms.

Hiring Questionnaire

As part of the hiring process to become a worker in the Obama administration, applicants were asked if they or anyone else in their families owned a gun. They were then asked the purpose of the weapon and the registration information.

(59) Do you or any members of your immediate family own a gun? If so, provide complete ownership and registration information. Has the registration ever lapsed? Please also describe how and by whom it is used and whether it has been the cause of any personal injuries or property damage.

Firearm treaty

In May of 2009, President Obama made a speech in which he urged the Senate to pass a treaty which would have allowed other countries to track US firearms, and may have prevented the reloading of ammunition by marking bullets and shells to match.

Voting Record

Amendment - US aid and gun registration

In September 2007, the US Senate voted on an amendment submitted by Senator Vitter of Louisiana. The amendment sought to prohibit the use of funds by international organizations, agencies, and entities that require the registration of, or taxes guns owned by citizens of the United States. The amendment got the support of almost all Republicans and about 2/3 of the Democrats to pass in a 81-10 vote. Barack Obama cast a "No Vote"

The Protection of Lawful Commerce in Arms Act

In 2005, the US Senate voted on S 397 - The Protection of Lawful Commerce in Arms Act. The act sought to protect gun manufacturers, retailers, and suppliers from being sued for crimes or accidents involving the weapons they sold or manufactured. The legislation came to a vote in July of 2005 and passed the Senate with a vote of 65-31. Barack Obama voted against the Protection of Lawful Commerce in Arms Act.

Sponsored and Cosponsored Legislation

This representative has not been identified as sponsoring or cosponsoring significant legislation related to this title.

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