Issue Position: Second Amendment

Issue Position

The Second Amendment to the U.S. Constitution protects the right of each law-abiding American to keep and bear arms. The amendment seems clear, but opponents have long sought to restrict Americans' rights. Senator Murkowski has worked hard to ensure that this basic constitutional right is preserved. Many Alaskans depend upon their firearms as a means of subsistence, recreation and protection, and the Second Amendment protects them.

Concerns over restrictions of the Second Amendment often come up. In April 2013, the Senate debated S. 649, gun control legislation introduced by Sen. Reid. Senator Murkowski wants to keep Americans safe and agrees that we need to keep guns out of the hands of criminals and the mentally unstable, but S. 649 would have compromised our Second Amendment rights, and she could not support the bill. Instead, she supported an alternative offered by Sen. Grassley, which would have strengthened the existing background check process, enforced the tough federal laws that we already have on the books, worked harder to keep guns out of the hands of the mentally ill, criminalized straw purchasing and gun trafficking, and worked to secure our schools. That amendment had strong bipartisan support but could not attract the 60 votes needed to pass the Senate. As part of the debate, Senator Murkowski also voted:

FOR Senate Amendment # 719, which would establish the right of a person with a concealed carry license to conceal carry a firearm outside his state of residence;
AGAINST Senate Amendment # 711, which would have reinstated the assault weapons ban;

FOR Senate Amendment #720, which would prevent a VA decision of incompetence to manage one's affairs from barring a Veteran from possessing a firearm unless a judge, magistrate or other judicial authority has determined that the individual is a danger to himself or others;

AGAINST Senate Amendment # 714, which would make it unlawful for a person to import, sell, manufacture, transfer, or possess a magazine that has an overall capacity of more than 10 rounds of ammunition; and

FOR Senate Amendment # 717, which would prevent the release of the names and addresses of gun owners and concealed carry permit holders under state and local public records laws.

She is also proud to cosponsor of S. 689, a bipartisan bill that focuses on school-wide prevention through the development of positive behavioral supports and encourages school-based mental health partnerships. In the health setting, it focuses on suicide prevention through the state, tribal, and campus grants programs authorized by the Garrett Lee Smith Memorial Act and ensuring that there are evidence-based practices to help children and families exposed to traumatic events, such as through the National Child Traumatic Stress Initiative.

Despite continued challenges to the Second Amendment, firearm enthusiasts have many reasons to remain positive. In 2008 and 2010, the Supreme Court reaffirmed that the Second Amendment confers an individual's right to keep and bear arms. Congress has passed, and the President has signed, new laws bringing consistency and common sense to firearm regulations on federal land and federally subsidized train service. The Senate has also passed legislation protecting the rights of individuals in the District of Columbia.

Senator Murkowski has also worked with her colleagues on both sides of the aisle to bring common sense to firearm laws on Federal lands. Currently, firearms are allowed to be carried in accordance with federal, state and local laws on land managed by the Forest Service and the Bureau of Land Management. In 2009, functional firearms began being permitted in National Parks and Wildlife Refuges, though firearms are still prohibited in some buildings and secure areas.

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

Assault Weapons Ban

The Senate voted on April 17, 2013 regarding the Assault Weapons Ban and Senator Murkowski joined a bipartisan group of 60 Senators to reject a proposal to reinstitute a ban similar to the Federal Assault Weapons Ban of 1994.

On September 13, 1994, Congress passed the "Public Safety and Recreational Firearms Use Protection Act' though it is more commonly known as the Federal Assault Weapons Ban (AWB). The law prohibited the sale to civilians of certain semi-automatic firearms, which were labeled as "assault weapons' or a weapon that could accept a "large capacity ammunition feeding device'. The Act did not cover weapons labeled as "assault rifles' or those rifles that are capable of fully automatic fire, as they were already prohibited under the National Firearms Act of 1934 and the Firearm Owners Protection Act of 1986.

The ban expired in 2004 and has not been renewed since. Senator Murkowski was one of many Second Amendment supporters to oppose extending the ban in 2004 and again in 2013, because the ban infringes on the Second Amendment rights of law-abiding Americans, restricting the sale of numerous firearms that are used for legitimate recreational and safety purposes. Moreover, there is little reliable data available indicating that the ban had any positive effect on reducing gun violence.

Many Alaskans are concerned about a return to the assault weapons ban. Only Congress has the power to impose another ban. Senastor Murkowski is committed to opposing the assault weapons ban if it comes before the Senate again.

UN Arms Trade Treaty

The U.N. General Assembly recently voted to adopt the first-ever global Arms Trade Treaty. The United States delegate to the General Assembly voted in favor of the Treaty despite widespread bipartisan opposition within the U.S. Senate -- including from Senator Lisa Murkowski. Senator Murkowski was part of a bipartisan group of 53 Senators who voted to uphold Second Amendment rights and indicated that they would not support ratification of the Treaty if it is presented to the Senate during a series of budget votes on March 23rd, 2013. In order to be ratified by the United States the Treaty must earn the support of 67 Senators. Since a majority of the U.S. Senate has already indicated that they would not vote for ratification, the Treaty's prospects for Senate passage are extremely low. Senator Murkowski is extremely concerned that ratification of the treaty would interfere with American's Second Amendment rights. She has and will continue to oppose any measure that in any way restricts the rights of law-abiding U.S. citizens to manufacture, assemble, possess, transfer or purchase firearms, ammunition, or related items.

Last year Senator Murkowski -- along with 50 of her Senate colleagues -- also sent a letter to President Obama and then-Secretary of State Hillary Clinton explaining their opposition to the Treaty

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