Lindsey Graham on Gun Control
Republican Sr Senator; previously Representative (SC-3)
Opposed expanding background checks, except for mentally ill
Graham would allow access to assault weapons and larger magazine clips, but limit access for the mentally ill. Graham is an advocate for gun access and has opposed several gun control proposals in the Senate, including a ban on assault weapons, a
limit on how many rounds can go in a magazine and an expansion of background checks. In 2013--in the wake of the Sandy Hook shootings--he sponsored a bill that would have limited the ability of people with a history of mental illness to purchase guns.
Source: PBS News Hour "2016 Candidate Stands" series
, Jun 1, 2015
Voted NO on banning high-capacity magazines of over 10 bullets.
- The term 'large capacity ammunition feeding device' means a magazine or similar device that has an overall capacity of more than 10 rounds of ammunition
- It shall be unlawful for a person to import, sell, manufacture, or possess a large capacity ammunition feeding device.
- Shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed before 2013.
- Shall not apply to qualified or retired law enforcement officers.
Proponent's Argument for voting Yes: Sen. BLUMENTHAL: This amendment would ban high-capacity magazines which are used to kill more people more quickly and, in fact, have been used in more than half the mass shootings since 1982. I ask my colleagues to listen to law enforcement, their police, prosecutors who are outgunned by criminals who use these high-capacity magazines. I ask that my colleagues also listen to the families of those killed by people who
used a high-capacity magazine.
Opponent's Argument for voting No: Sen. GRASSLEY. I oppose the amendment. In 2004, which is the last time we had the large-capacity magazine ban, a Department of Justice study found no evidence banning such magazines has led to a reduction in gun violence. The study also concluded it is not clear how often the outcomes of the gun attack depend on the ability of offenders to fire more than 10 shots without reloading. Secondly, there is no evidence banning these magazines has reduced the deaths from gun crimes. In fact, when the previous ban was in effect, a higher percentage of gun crime victims were killed or wounded than before it was adopted. Additionally, tens of millions of these magazines have been lawfully owned in this country for decades. They are in common use, not unusually dangerous, and used by law-abiding citizens in self-defense, as in the case of law enforcement.
Reference: Safe Communities, Safe Schools Act;
Bill S.Amdt. 714 to S. 649
; vote number 13-SV103
on Apr 17, 2013
Voted YES on allowing firearms in checked baggage on Amtrak trains.
Congressional Summary:AMENDMENT PURPOSE: To ensure that law abiding Amtrak passengers are allowed to securely transport firearms in their checked baggage.
On page 37, between lines 8 and 9, insert the following: "Allowing Amtrak Passengers to Securely Transport Firearms on Passenger Trains.--None of amounts made available in the reserve fund authorized under this section may be used to provide financial assistance for the National Railroad Passenger Corporation (Amtrak) unless Amtrak passengers are allowed to securely transport firearms in their checked baggage.
Proponent's argument to vote Yes:Sen. ROGER WICKER (R, MS). This amendment aims to ensure that gun owners and sportsmen are able to transport securely firearms aboard Amtrak trains in checked baggage, a practice that is done thousands of times a day at airports across the country. I emphasize that this amendment deals with checked, secured baggage only. It would return
Amtrak to a pre-9/11 practice. It does not deal with carry-on baggage. Unlike the airline industry, Amtrak does not allow the transport of firearms in checked bags. This means that sportsmen who wish to use Amtrak trains for hunting trips cannot do so because they are not allowed to check safely a firearm.
Opponent's argument to vote No:Sen. FRANK LAUTENBERG (D, NJ): I object to this disruptive amendment offered by the Senator from Mississippi. He wants to enable the carrying of weapons, guns, in checked baggage. One doesn't have to be very much concerned about what we are doing when they look at the history of attacks on railroads in Spain and the UK and such places. This amendment has no place here interrupting the budgetary procedure. The pending amendment is not germane and, therefore, I raise a point of order that the amendment violates section 305(b)(2) of the Congressional Budget Act of 1974.
Reference: Wicker Amendment;
Bill S.Amdt.798 to S.Con.Res.13
; vote number 2009-S145
on Apr 2, 2009
Voted YES on prohibiting foreign & UN aid that restricts US gun ownership.
Amendment SA 2774 to H.R. 2764, the Department of State's International Aid bill: To prohibit the use of funds by international organizations, agencies, and entities (including the United Nations) that require the registration of, or taxes guns owned by citizens of the United States.
Proponents support voting YES because:
Sen. VITTER: This is a straight funding limitation amendment. Many folks who haven't followed the proceedings on this in the U.N. may ask: What is this all about? Unfortunately, it is about an effort in the United Nations to bring gun control to various countries through that international organization. Unfortunately, that has been an ongoing effort which poses a real threat, back to 1995. In 2001, the UN General Assembly adopted a program of action designed to infringe on second amendment rights.
The Vitter amendment simply says we are not going to support any international organization that requires a registration of US citizens' guns or taxes US citizens' guns. If other folks in this Chamber think that is not happening, that it is never going to happen, my reply is simple and straightforward: Great, then this language has no effect. It is no harm to pass it as a failsafe. It has no impact. But, in fact, related efforts have been going on in the U.N. since at least 1995. I hope this can get very wide, bipartisan support, and I urge all my colleagues to support this very fundamental, straightforward amendment.
No opponents spoke against the bill.
Reference: Vitter Amendment to State Dept. Appropriations Bill;
Bill S.Amdt. 2774 to H.R. 2764
; vote number 2007-321
on Sep 6, 2007
Voted YES on prohibiting lawsuits against gun manufacturers.
A bill to prohibit civil liability actions from being brought or continued against manufacturers, distributors, dealers, or importers of firearms or ammunition for damages, injunctive or other relief resulting from the misuse of their products by others. Voting YES would:
Reference: Protection of Lawful Commerce in Arms Act;
Bill S 397
; vote number 2005-219
on Jul 29, 2005
- Exempt lawsuits brought against individuals who knowingly transfer a firearm that will be used to commit a violent or drug-trafficking crime
- Exempt lawsuits against actions that result in death, physical injury or property damage due solely to a product defect
- Call for the dismissal of all qualified civil liability actions pending on the date of enactment by the court in which the action was brought
- Prohibit the manufacture, import, sale or delivery of armor piercing ammunition, and sets a minimum prison term of 15 years for violations
- Require all licensed importers, manufacturers and dealers who engage in the transfer of handguns to provide secure gun storage or safety devices
Voted NO on banning lawsuits against gun manufacturers for gun violence.
Vote to pass a bill that would block certain civil lawsuits against manufacturers, distributors, dealers and importers of firearms and ammunition, mainly those lawsuits aimed at making them liable for gun violence. In this bill, trade groups would also be protected The bill would call for the dismissal of pending lawsuits against the gun industry. The exception would be lawsuits regarding a defect in a weapon or ammunition. It also would provide a 10-year reauthorization of the assault weapons ban which is set to expire in September 2004. The bill would increase the penalties for gun-related violent or drug trafficking crimes which have not resulted in death, to a minimum of 15 years imprisonment. The bill calls for criminal background checks on all firearm transactions at gun shows where at least 75 guns are sold. Exemptions would be made available for dealers selling guns from their homes as well as members-only gun swaps and meets carried out by nonprofit hunting clubs.
Reference: Protection of Lawful Commerce in Arms Act;
; vote number 2004-30
on Mar 2, 2004
Voted YES on decreasing gun waiting period from 3 days to 1.
Vote to pass a bill requiring anyone who purchases a gun at a gun show to go through an instant background check which must be completed within 24 hours [instead of 72 hours].
Reference: Bill introduced by McCollum, R-FL;
Bill HR 2122
; vote number 1999-244
on Jun 18, 1999
Rated A by the NRA, indicating a pro-gun rights voting record.
Graham scores A by NRA on pro-gun rights policies
While widely recognized today as a major political force and as America's foremost defender of Second Amendment rights, the National Rifle Association (NRA) has, since its inception, been the premier firearms education organization in the world. But our successes would not be possible without the tireless efforts and countless hours of service our nearly three million members have given to champion Second Amendment rights and support NRA programs.
The following ratings are based on lifetime voting records on gun issues and the results of a questionaire sent to all Congressional candidates; the NRA assigned a letter grade (with A+ being the highest and F being the lowest).
Source: NRA website 02n-NRA on Dec 31, 2003
National cross-state standard for concealed carry.
Graham signed H.R.197&S.845
Establishes a national standard for the carrying of concealed firearms (other than a machinegun or destructive device) by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one state and who is not prohibited from carrying a firearm under federal law to carry a concealed firearm in another state:
Source: National Right-to-Carry Reciprocity Act 09-HR197 on Jan 6, 2009
Notwithstanding any law of any State, a person who is not prohibited by Federal law from possessing a firearm and is carrying a valid license to carry a concealed firearm may carry in another State a concealed firearm.
- If such other State issues licenses to carry concealed firearms, the person may carry a concealed firearm in the State under the same restrictions which apply in that State.
- If such other State does not issue licenses to carry concealed firearms, the person may not carry a concealed firearm in a police station, in a courthouse, at a meeting of a governing body, in a school, at an athletic event, in an establishment licensed to dispense alcoholic beverages, or inside an airport, except to the extent expressly permitted by State law.
Oppose the United Nations' Arms Trade Treaty.
Graham signed Letter to Pres. Obama from 50 Senators
Dear President Obama:
We write to express our concern and regret at your decision to sign the United Nations' Arms Trade Treaty. For the following reasons, we cannot give our advice and consent to this treaty:
We urge you to notify the treaty depository that the US does not intend to ratify the Arms Trade Treaty, and is therefore not bound by its obligations. As members of the Senate, we pledge to oppose the ratification of this treaty, and we give notice that we do not regard the US as bound to uphold its object and purpose.
Source: Letter to Obama from 50 Senators 13-UNATT on Sep 25, 2013
- The treaty violates a 2009 red line laid down by your own administration: "the rule of consensus decision-making." In April 2013, after the treaty failed to achieve consensus, it was adopted by majority vote in the UN General Assembly.
- The treaty allows amendments by a 3/4 majority vote. When amended, it will become a source of political and legal pressure on the US to comply in practice with amendments it was unwilling to accept.
- The treaty includes only a weak, non-binding reference to the lawful ownership and use of firearms, and recognizes none of these activities, much less individual self-defense, as fundamental individual rights. It encourages governments to collect the identities of individual end users of imported firearms at the national level,
which would constitute the core of a national gun registry
- The State Department has acknowledged that the treaty is "ambiguous." By becoming party to the treaty, the US would therefore be accepting commitments that are inherently unclear.
- The criteria at the heart of the treaty are vague and easily politicized. They will steadily subject the US to the influence of internationally-defined norms, a process that would impinge on our national sovereignty.
- The treaty criteria as established could hinder the US in fulfilling its strategic, legal, and moral commitments to provide arms to key allies such as Taiwan and Israel.
Ban gun registration & trigger lock law in Washington DC.
Graham co-sponsored banning gun registration & trigger lock law in Washington DC
- Nothing in any provision of law shall authorize the Mayor, or any governmental authority of the District of Columbia, to prohibit possessing firearms by a person who is allowed to possess firearms under federal law.
- Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms.
- Repeals the ban on semiautomatic weapons.
- Repeals the District's registration requirement for possession of firearms.
- Repeals the trigger lock law.
- Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle.
- Eliminates criminal penalties for possessing an unregistered firearm.
- Specifies exceptions to the prohibition against carrying concealed weapons in the District.
Source: D.C. Personal Protection Act (H.R.1399/S.1001) 2007-S1001 on Mar 27, 2007
Allow firearms in National Parks.
Graham co-sponsored allowing firearms in National Parks
Bars the promulgation or enforcement of any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any unit of the National Park System or the National Wildlife Refuge System if:
Source: Protecting Americans from Violent Crime Act (S.2619&HR.5434) 2008-S2619 on Feb 8, 2008
- the individual is not otherwise prohibited by law from possessing the firearm; and
- the possession of the firearm is in compliance with the law of state in which the unit is located.
Apply concealed carry permit to all other states where legal.
Graham signed Concealed Carry Reciprocity Act
Amends the federal criminal code to provide for reciprocity for the carrying of certain concealed firearms in different states by persons who are not prohibited by federal law from possessing, transporting, shipping, or receiving a firearm and who are:
Source: S.371&HR1620 2009-S371 on Feb 3, 2009
- carrying a valid state license or permit for carrying a concealed firearm; or
- otherwise entitled to carry a concealed firearm in their state of residence.
Dangerousness, not mental incompetence, limits gun rights.
Graham signed Veterans 2nd Amendment Protection Act
A bill to amend title 38, United States Code, to clarify the conditions under which certain persons may be treated as adjudicated mentally incompetent for certain purposes [including 2nd Amendment rights].
Prohibits, in any case arising out of the administration of laws and benefits by the Secretary of Veterans Affairs, considering any person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness from being considered adjudicated as a mental defective for purposes of the right to receive or transport firearms without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.
Source: S.669&HR2547 2009-S669 on Mar 23, 2009
Page last updated: Jun 15, 2016