Second Amendment Victory In Washington, D.C.!

Second Amendment Victory In Washington, D.C.!

Friday, February 27, 2009

Yesterday, the United States Senate voted, with overwhelming bipartisan support, to adopt an amendment offered by Nevada Senator John Ensign (R), that seeks to protect the Second Amendment rights of law-abiding citizens in the District of Columbia. The amendment, attached to S.160, the "D.C. Voting Rights Act", will repeal restrictive gun control laws passed by the District of Columbia's (D.C.) city council in defiance of the landmark D.C. v. Heller Supreme Court decision. The vote margin was 62-36.

"Today's vote brings us one step closer to restoring the gun rights of law-abiding D.C. residents," said NRA-ILA Executive Director Chris W. Cox. "It's ludicrous that good people in our nation's capital continue to be harassed as they try to defend themselves and their loved ones in their own homes. This vote reinforces the historic Heller ruling."

Since the Supreme Court struck down D.C.'s ban on handguns and on having guns in operable condition within the home in last year's Heller decision, the District passed a series of temporary "emergency" bills that failed to comply with the Court's ruling, followed by a permanent law (which will take effect in April unless blocked) that imposes even more restrictions on D.C. gun owners. (A temporary "emergency" law that mirrors the restrictive permanent law is currently in effect.) In particular:

The new law enacts sweeping bans, borrowed wholesale from California, on hundreds of models of semi-automatic firearms, and on standard-capacity magazines widely owned for lawful self-defense purposes.
The new law also bans the sale of handguns deemed "unsafe" by California, based on California's legal standards. Individuals would only be able to acquire handguns that are on the "California Roster of Handguns Certified for Sale." This provision includes a "microstamping" mandate that would require use of unproven technology and would likely prevent sale of most new models of handguns in D.C. after January 1, 2011.
Though D.C. has always argued for its own sovereignty, these provisions give the legislature of California and the officials of the California Department of Justice all control over which handguns may be sold in the District. D.C. gun owners would be at the whim of bureaucrats in Sacramento, who regularly change these rules to prohibit sales of more models of firearms.
Many of the guns that are prohibited under D.C.'s new law are both "in common use" throughout the United States and "typically possessed by law-abiding citizens for lawful purposes," which the Supreme Court in Heller suggested was the standard for constitutional protection.
The new law makes D.C.'s complicated, intrusive and expensive registration procedure even more complicated, to discourage people from attempting to register a handgun. Among other provisions, it requires gun owners to report annually to the Metropolitan Police that they still own their guns.
The new limits include a limit of one handgun registration per 30 days; a provision that rations constitutional rights and that has failed to reduce crime in the few states that have enacted similar laws.
The Ensign Amendment is narrowly drawn to enforce the Supreme Court's Heller decision and prevent the District government from further burdening the Second Amendment rights of its residents.

The Ensign Amendment will:

Conform D.C. gun laws to the requirements set out by the Supreme Court. The D.C. Council had the opportunity to conform its laws to the ruling, but its new laws add major burdens on residents' Second Amendment rights.
Reform the District's firearm registration regime, which the District's new law makes even more complicated and intrusive. Firearm registration also has no crime-prevention benefit, as demonstrated by the fact that all, or nearly all, firearms used in violent crimes in D.C. are not registered.
The underlying question of whether Congress can grant representation to D.C. will ultimately be resolved in the courts. As a single-issue organization, NRA takes no position on voting rights for D.C., but we are obviously concerned about ensuring the Second Amendment Right to Keep and Bear Arms is functionally returned D.C. residents. Thus, we were supportive of Sen. Ensign's efforts, and pleased the amendment was adopted. Fortunately, the Ensign amendment contains a severability clause, so it would remain standing even if the courts reject Congress's attempt to give congressional representation to D.C. residents.

"NRA would like to thank the lead sponsor, Senator John Ensign for his efforts to reform D.C.'s gun laws and enable folks to protect their property and their loved ones," concluded Cox. "It's time for leaders in Washington to wake up to the fact that the Supreme Court decision is now the law of the land."

Please contact your Senators and thank them if they voted in favor of the Ensign Amendment. If your Senators voted against this critical measure, please remind them you will remember this vote on Election Day. You can reach your Senators at (202) 224-3121. For more contact information for your U.S. Senators, please click here.

To see how your Senator voted, see below


U.S. Senate Roll Call Votes 111th Congress - 1st Session

as compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate


Vote Summary

Question: On the Amendment (Ensign Amdt. No. 575 )
Vote Number: 72 Vote Date: February 26, 2009, 03:52 PM
Required For Majority: 1/2 Vote Result: Amendment Agreed to
Amendment Number: S.Amdt. 575 to S. 160 (District of Columbia House Voting Rights Act of 2009)
Statement of Purpose: To restore Second Amendment rights in the District of Columbia.
Vote Counts: YEAs 62
NAYs 36
Not Voting 1
Vote Summary By Senator Name By Vote Position By Home State


Alphabetical by Senator Name Akaka (D-HI), Nay
Alexander (R-TN), Yea
Barrasso (R-WY), Yea
Baucus (D-MT), Yea
Bayh (D-IN), Yea
Begich (D-AK), Yea
Bennet (D-CO), Yea
Bennett (R-UT), Yea
Bingaman (D-NM), Nay
Bond (R-MO), Yea
Boxer (D-CA), Nay
Brown (D-OH), Nay
Brownback (R-KS), Yea
Bunning (R-KY), Yea
Burr (R-NC), Yea
Burris (D-IL), Nay
Byrd (D-WV), Yea
Cantwell (D-WA), Nay
Cardin (D-MD), Nay
Carper (D-DE), Nay
Casey (D-PA), Yea
Chambliss (R-GA), Yea
Coburn (R-OK), Yea
Cochran (R-MS), Yea
Collins (R-ME), Yea
Conrad (D-ND), Yea
Corker (R-TN), Yea
Cornyn (R-TX), Yea
Crapo (R-ID), Yea
DeMint (R-SC), Yea
Dodd (D-CT), Nay
Dorgan (D-ND), Yea
Durbin (D-IL), Nay
Ensign (R-NV), Yea
Enzi (R-WY), Yea
Feingold (D-WI), Yea
Feinstein (D-CA), Nay
Gillibrand (D-NY), Nay
Graham (R-SC), Yea
Grassley (R-IA), Yea
Gregg (R-NH), Yea
Hagan (D-NC), Yea
Harkin (D-IA), Nay
Hatch (R-UT), Yea
Hutchison (R-TX), Yea
Inhofe (R-OK), Yea
Inouye (D-HI), Nay
Isakson (R-GA), Yea
Johanns (R-NE), Yea
Johnson (D-SD), Yea
Kaufman (D-DE), Nay
Kennedy (D-MA), Not Voting
Kerry (D-MA), Nay
Klobuchar (D-MN), Nay
Kohl (D-WI), Nay
Kyl (R-AZ), Yea
Landrieu (D-LA), Yea
Lautenberg (D-NJ), Nay
Leahy (D-VT), Nay
Levin (D-MI), Nay
Lieberman (ID-CT), Nay
Lincoln (D-AR), Yea
Lugar (R-IN), Nay
Martinez (R-FL), Yea
McCain (R-AZ), Yea
McCaskill (D-MO), Yea
McConnell (R-KY), Yea
Menendez (D-NJ), Nay
Merkley (D-OR), Nay
Mikulski (D-MD), Nay
Murkowski (R-AK), Yea
Murray (D-WA), Nay
Nelson (D-FL), Nay
Nelson (D-NE), Yea
Pryor (D-AR), Yea
Reed (D-RI), Nay
Reid (D-NV), Yea
Risch (R-ID), Yea
Roberts (R-KS), Yea
Rockefeller (D-WV), Nay
Sanders (I-VT), Nay
Schumer (D-NY), Nay
Sessions (R-AL), Yea
Shaheen (D-NH), Nay
Shelby (R-AL), Yea
Snowe (R-ME), Yea
Specter (R-PA), Yea
Stabenow (D-MI), Nay
Tester (D-MT), Yea
Thune (R-SD), Yea
Udall (D-CO), Yea
Udall (D-NM), Yea
Vitter (R-LA), Yea
Voinovich (R-OH), Yea
Warner (D-VA), Yea
Webb (D-VA), Yea
Whitehouse (D-RI), Nay
Wicker (R-MS), Yea
Wyden (D-OR), Nay

Vote Summary By Senator Name By Vote Position By Home State


Grouped By Vote Position YEAs ---62
Alexander (R-TN)
Barrasso (R-WY)
Baucus (D-MT)
Bayh (D-IN)
Begich (D-AK)
Bennet (D-CO)
Bennett (R-UT)
Bond (R-MO)
Brownback (R-KS)
Bunning (R-KY)
Burr (R-NC)
Byrd (D-WV)
Casey (D-PA)
Chambliss (R-GA)
Coburn (R-OK)
Cochran (R-MS)
Collins (R-ME)
Conrad (D-ND)
Corker (R-TN)
Cornyn (R-TX)
Crapo (R-ID)
DeMint (R-SC)
Dorgan (D-ND)
Ensign (R-NV)
Enzi (R-WY)
Feingold (D-WI)
Graham (R-SC)
Grassley (R-IA)
Gregg (R-NH)
Hagan (D-NC)
Hatch (R-UT)
Hutchison (R-TX)
Inhofe (R-OK)
Isakson (R-GA)
Johanns (R-NE)
Johnson (D-SD)
Kyl (R-AZ)
Landrieu (D-LA)
Lincoln (D-AR)
Martinez (R-FL)
McCain (R-AZ)
McCaskill (D-MO)
McConnell (R-KY)
Murkowski (R-AK)
Nelson (D-NE)
Pryor (D-AR)
Reid (D-NV)
Risch (R-ID)
Roberts (R-KS)
Sessions (R-AL)
Shelby (R-AL)
Snowe (R-ME)
Specter (R-PA)
Tester (D-MT)
Thune (R-SD)
Udall (D-CO)
Udall (D-NM)
Vitter (R-LA)
Voinovich (R-OH)
Warner (D-VA)
Webb (D-VA)
Wicker (R-MS)

NAYs ---36
Akaka (D-HI)
Bingaman (D-NM)
Boxer (D-CA)
Brown (D-OH)
Burris (D-IL)
Cantwell (D-WA)
Cardin (D-MD)
Carper (D-DE)
Dodd (D-CT)
Durbin (D-IL)
Feinstein (D-CA)
Gillibrand (D-NY)
Harkin (D-IA)
Inouye (D-HI)
Kaufman (D-DE)
Kerry (D-MA)
Klobuchar (D-MN)
Kohl (D-WI)
Lautenberg (D-NJ)
Leahy (D-VT)
Levin (D-MI)
Lieberman (ID-CT)
Lugar (R-IN)
Menendez (D-NJ)
Merkley (D-OR)
Mikulski (D-MD)
Murray (D-WA)
Nelson (D-FL)
Reed (D-RI)
Rockefeller (D-WV)
Sanders (I-VT)
Schumer (D-NY)
Shaheen (D-NH)
Stabenow (D-MI)
Whitehouse (D-RI)
Wyden (D-OR)

Not Voting - 1
Kennedy (D-MA)

Vote Summary By Senator Name By Vote Position By Home State


Grouped by Home State Alabama: Sessions (R-AL), Yea Shelby (R-AL), Yea
Alaska: Begich (D-AK), Yea Murkowski (R-AK), Yea
Arizona: Kyl (R-AZ), Yea McCain (R-AZ), Yea
Arkansas: Lincoln (D-AR), Yea Pryor (D-AR), Yea
California: Boxer (D-CA), Nay Feinstein (D-CA), Nay
Colorado: Bennet (D-CO), Yea Udall (D-CO), Yea
Connecticut: Dodd (D-CT), Nay Lieberman (ID-CT), Nay
Delaware: Carper (D-DE), Nay Kaufman (D-DE), Nay
Florida: Martinez (R-FL), Yea Nelson (D-FL), Nay
Georgia: Chambliss (R-GA), Yea Isakson (R-GA), Yea
Hawaii: Akaka (D-HI), Nay Inouye (D-HI), Nay
Idaho: Crapo (R-ID), Yea Risch (R-ID), Yea
Illinois: Burris (D-IL), Nay Durbin (D-IL), Nay
Indiana: Bayh (D-IN), Yea Lugar (R-IN), Nay
Iowa: Grassley (R-IA), Yea Harkin (D-IA), Nay
Kansas: Brownback (R-KS), Yea Roberts (R-KS), Yea
Kentucky: Bunning (R-KY), Yea McConnell (R-KY), Yea
Louisiana: Landrieu (D-LA), Yea Vitter (R-LA), Yea
Maine: Collins (R-ME), Yea Snowe (R-ME), Yea
Maryland: Cardin (D-MD), Nay Mikulski (D-MD), Nay
Massachusetts: Kennedy (D-MA), Not Voting Kerry (D-MA), Nay
Michigan: Levin (D-MI), Nay Stabenow (D-MI), Nay
Minnesota: Klobuchar (D-MN), Nay
Mississippi: Cochran (R-MS), Yea Wicker (R-MS), Yea
Missouri: Bond (R-MO), Yea McCaskill (D-MO), Yea
Montana: Baucus (D-MT), Yea Tester (D-MT), Yea
Nebraska: Johanns (R-NE), Yea Nelson (D-NE), Yea
Nevada: Ensign (R-NV), Yea Reid (D-NV), Yea
New Hampshire: Gregg (R-NH), Yea Shaheen (D-NH), Nay
New Jersey: Lautenberg (D-NJ), Nay Menendez (D-NJ), Nay
New Mexico: Bingaman (D-NM), Nay Udall (D-NM), Yea
New York: Gillibrand (D-NY), Nay Schumer (D-NY), Nay
North Carolina: Burr (R-NC), Yea Hagan (D-NC), Yea
North Dakota: Conrad (D-ND), Yea Dorgan (D-ND), Yea
Ohio: Brown (D-OH), Nay Voinovich (R-OH), Yea
Oklahoma: Coburn (R-OK), Yea Inhofe (R-OK), Yea
Oregon: Merkley (D-OR), Nay Wyden (D-OR), Nay
Pennsylvania: Casey (D-PA), Yea Specter (R-PA), Yea
Rhode Island: Reed (D-RI), Nay Whitehouse (D-RI), Nay
South Carolina: DeMint (R-SC), Yea Graham (R-SC), Yea
South Dakota: Johnson (D-SD), Yea Thune (R-SD), Yea
Tennessee: Alexander (R-TN), Yea Corker (R-TN), Yea
Texas: Cornyn (R-TX), Yea Hutchison (R-TX), Yea
Utah: Bennett (R-UT), Yea Hatch (R-UT), Yea
Vermont: Leahy (D-VT), Nay Sanders (I-VT), Nay
Virginia: Warner (D-VA), Yea Webb (D-VA), Yea
Washington: Cantwell (D-WA), Nay Murray (D-WA), Nay
West Virginia: Byrd (D-WV), Yea Rockefeller (D-WV), Nay
Wisconsin: Feingold (D-WI), Yea Kohl (D-WI), Nay
Wyoming: Barrasso (R-WY), Yea Enzi (R-WY), Yea