Robert Menendez on The Second Amendment

Last Updated : Feb 18, 2011

Legislation to Help Law Enforcement

In March of 2006, Senator Menendez released a press statement noting legislation that he was introducing to help law enforcement enforce gun laws. 

 

The Tiahrt Amendment

In July of 2007, Senator Menendez released a press statement noting his opposition to an amendment sponsored by Representative Tiahrt.

 

Gun Trace Data

In August of 2007, Senator Menendez released a press statement noting a letter he sent to the ATF to investigate the sharing of gun trace data.

 

Opposition to State Reciprocity Laws

In July of 2009, Senator Menendez released a press statement noting his opposition to an amendment that would allow concealed carry laws in one state being applied to a resident of that state as he traveled.

The following day, Senator Menendez released another statement noting the defeat of the amendment.

 

 

Voting Record

Amendment - Gun carry on Amtrak

In April of 2009, the Senate voted on an amendment to ensure that law abiding Amtrak passengers are allowed to securely transport firearms in their checked baggage. Robert Menendez voted against the amendment to allow citizens to transport firearms on Amtrak.

Robert Menendez voted against the amendment to allow citizens to transport firearms on Amtrak.

Amendment - Gun carry on Amtrak

In 2009, the Senate voted on an amendment concerning carrying guns in checked baggage on Amtrak. The amendments read : To ensure that law abiding Amtrak passengers are allowed to securely transport firearms in their checked baggage. Each time, the amendments got the support of most or all Republicans with about half the Democrats supporting the legislation. The vote was passed 63-35. Robert Menendez voted against allowing citizens to transport firearms on Amtrak.

Robert Menendez voted against allowing citizens to transport firearms on Amtrak.

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. Robert Menendez voted against the amendment to prevent funds from being used by organizations that would require registration of firearms.

Robert Menendez voted against the amendment to prevent funds from being used by organizations that would require registration of firearms.

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. Robert Menendez voted against the The Protection of Lawful Commerce in Arms Act.

Robert Menendez 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. Robert Menendez voted against the Protection of Lawful Commerce in Arms Act.

Robert Menendez 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. Robert Menendez voted in favor of the amendment to permit lawsuits for negligence purposes.

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

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

Robert Menendez 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. Robert Menendez voted against the Mandatory Gun Show Background Check Act.

Robert Menendez 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. Robert Menendez 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. Robert Menendez 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. Robert Menendez voted in favor of the Brady Handgun Violence Protection Act.

Robert Menendez voted in favor of the Brady Handgun Violence Protection Act.

 

Sponsored and Cosponsored Legislation

Session-112; Bill Number-S 32; Large Capacity Ammunition Feeding Device Act - Cosponsor

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-112; Bill Number-S 35; Gun Show Background Check Act of 2011 - Cosponsor

Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors. Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within 10 days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations. Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act. Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.

Session-111; Bill Number-S 843; Gun Show Background Check Act of 2009 - Cosponsor

Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors. Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within 10 days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations. Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act. Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.

Session-112; Bill Number-S 34; Denying Firearms and Explosives to Dangerous Terrorists Act of 2011 - Cosponsor

Amends the federal criminal code to authorize the Attorney General to deny the transfer of a firearm or the issuance of a firearms or explosives license or permit (or revoke such license or permit) if the Attorney General: (1) determines that the transferee is known (or appropriately suspected) to be engaged in terrorism or has provided material support or resources for terrorism; and (2) has a reasonable belief that the transferee may use a firearm in connection with terrorism. Allows any individual whose firearms or explosives license application has been denied to bring legal action to challenge the denial. Extends the prohibition against the sale or distribution of firearms or explosives to include individuals whom the Attorney General has determined to be engaged in terrorist activities. Imposes criminal penalties on individuals engaged in terrorist activities who smuggle or knowingly bring firearms into the United States.Authorizes the Attorney General to withhold information in firearms and explosives license denial revocation lawsuits and from employers if the Attorney General determines that the disclosure of such information would likely compromise national security.

Session-111; Bill Number-S 843; Gun Show Background Check Act of 2009 - Cosponsor

Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors. Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within 10 days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations. Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act. Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.

Session-110; Bill Number-S 2577; Gun Show Background Check Act of 2008 - Cosponsor

Amends the Brady Handgun Violence Prevention Act to require registration of gun show promoters and to set forth the responsibilities of promoters, licensees, and other transferors.Provides that if any part of a firearm transaction takes place at a gun show, each licensed importer, manufacturer, and dealer who transfers one or more firearms to a person who is not licensed shall, within ten days after the transfer, submit a report of the transfer to the Attorney General. Sets forth penalties for violations.Grants the Attorney General authority to enter the place of business of any gun show promoter and any place where a gun show is held, during business hours and without a showing of reasonable cause or a warrant, for purposes of examining records and the inventory of licensees conducting business to determine compliance with this Act.Increases penalties for: (1) serious record-keeping violations by licensees; and (2) violations of criminal background check requirements.

Session-110; Bill Number-S 1331; Long-Range Sniper Rifle Safety Act of 2007 - Cosponsor

A bill to regulate .50 BMG caliber sniper rifles.

Session-110; Bill Number-S 1331; Long-Range Sniper Rifle Safety Act of 2007 - Cosponsor

Amends the federal criminal code and the firearms registration provisions of the Internal Revenue Code to classify the .50 BMG caliber sniper rifle as a destructive device. Modifies the definition of "rifle" to include a weapon intended to be fired from a bipod or other support.Directs the Attorney General to implement regulations for notice and registration of .50 BMG caliber sniper rifles as destructive devices and require the registration of unregistered rifles within seven years after the enactment of this Act.

Session-110; Bill Number-S 1316; Firearms by Foreign Convicts Clarification Act of 2007 - Cosponsor

A bill to establish and clarify that Congress does not authorize persons convicted of dangerous crimes in foreign courts to freely possess firearms in the United States.

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