Jeff Flake on Gun Control
Republican Representative (AZ-6); Senate challenger
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 prohibiting product misuse lawsuits on 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. A YES vote would:
Reference: Protection of Lawful Commerce in Arms Act;
Bill S 397
; vote number 2005-534
on Oct 20, 2005
- Prohibit individuals from filing a qualified civil liability action
- 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
- Dismiss of all civil liability actions pending on the date of enactment
- Prohibit the manufacture, import, sale or delivery of armor piercing ammunition
Voted YES on prohibiting suing gunmakers & sellers for gun misuse.
Vote to pass a bill that would prohibit liability lawsuits from being brought against gun manufacturers and dealers based on the criminal misuse of firearms. The bill would also block these actions from being brought up against gun trade organizations and against ammunition makers and sellers. The measure would apply immediately to any pending cases. Several specific exceptions to the ban exist. This includes civil suits would be allowed against a maker or dealer who "knowingly and willfully violated" state or federal laws in the selling or marketing of a weapon. Design and manufacturing defect lawsuits are also permitted when weapons are "used as intended.
Reference: Protection of Lawful Commerce in Arms Act;
Bill HR 1036
; vote number 2003-124
on Apr 9, 2003
Support the Second Amendment .
Flake adopted the Republican Liberty Caucus Position Statement:
As adopted by the General Membership of the Republican Liberty Caucus at its Biannual Meeting held December 8, 2000.
- WHEREAS libertarian Republicans believe in limited government, individual freedom and personal responsibility;
- WHEREAS we believe that government has no money nor power not derived from the consent of the people;
- WHEREAS we believe that people have the right to keep the fruits of their labor; and
- WHEREAS we believe in upholding the US Constitution as the supreme law of the land;
BE IT RESOLVED
that the Republican Liberty Caucus endorses the following [among its] principles:
Source: Republican Liberty Caucus Position Statement 00-RLC6 on Dec 8, 2000
- Every American has the right to keep and bear arms. We affirm our support for the second amendment of the US Constitution.
- All people, regardless of position in the public or private sector, should be held equally accountable under the law.
- The *only* litmus test for Supreme Court or other judges should be their determination to accurately interpret, not amend, the Constitution. Judges have *no* authority to make new law.
Rated A by the NRA, indicating a pro-gun rights voting record.
Flake 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
Teach kids Eddie Eagle GunSafe's lifesaving message.
Flake signed H.RES.1365
RESOLUTION Commending the National Rifle Association for developing the Eddie Eagle GunSafe Program and teaching 23,000,000 children its lifesaving message.
Source: Resolution Commending the National Rifle Association 10-HRs1365 on May 18, 2010
- Whereas the National Rifle Association created the Eddie Eagle GunSafe Program to teach the fundamentals of firearm safety to children in an effective way;
- Whereas through activity books, posters, and other educational materials, children are reminded of a simple safety message, 'If you see a gun: STOP! Don't Touch. Leave the Area. Tell an Adult';
- Whereas the Eddie Eagle GunSafe Program has been used by more than 26,000 public or private schools, law enforcement agencies, and civic organizations, and has reached 23,000,000 children since 1988;
- Whereas the annual number of firearm accidents has declined more than 80 percent since the inception of the program; and
Whereas the legislatures of 23 States have passed resolutions recommending the use of the Eddie Eagle Program;
- Now, therefore, be it Resolved, That the House of Representatives--
- commends the National Rifle Association for developing the Eddie Eagle GunSafe Program and teaching 23,000,000 children its lifesaving message;
- supports the goals and objectives of the National Rifle Association's Eddie Eagle gun safety program;
- encourages educators across the United States to incorporate gun education programs in elementary school curricula to help decrease the incidence of accidental gun-related deaths among children; and
- encourages civic and community organizations concerned about the safety and well-being of children across the United States to support funding for the Eddie Eagle GunSafe Program at the local level.
Allow veterans to register unlicensed guns acquired abroad.
Flake co-sponsored Veterans' Heritage Firearms Act
Source: HR420/S798 11-HR0420 on Jan 25, 2011
- Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the Armed Forces stationed outside the continental United States.
- Grants such an individual limited immunity with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration.
Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession.
- Transfers each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it
- Publishes information identifying each such firearm which is available to be transferred to a museum.
- Makes a prohibition against transfer or possession of a machine-gun inapplicable to museums.
Oppose the United Nations' Arms Trade Treaty.
Flake 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.
Reciprocity across state lines for concealed carry.
Flake signed Press release on bill S.446 sponsored by 40 Senators
Press release in support: Senator Cindy Hyde-Smith (R-MS) cosponsored legislation to allow law-abiding citizens with concealed carry privileges to take firearms across state lines. Hyde-Smith has added her support to the Constitutional Concealed Carry Reciprocity Act (S.446), which would allow qualified individuals to carry a concealed handgun into another state in accordance with that state's laws. Concealed carry permits are not transferrable between states under current law.
"For law-abiding gun owners with concealed carry permits, this legislation would affirm their ability to exercise their Second Amendment rights in other states with right-to-carry laws," Hyde-Smith said. "This is sensible legislation that recognizes states' authority to issue firearms licenses and permits, while supporting the rights of gun owners."
Boston Globe Op-Ed (12/14/17) in opposition, by Mayor Marty Walsh:
We're grateful for the common-sense laws that help us do our jobs. We will fight any national policy that threatens to send us backward. That includes a bill called the Concealed Carry Reciprocity Act. It would force each state to recognize the concealed-carry standards of every other state, even those with dramatically weaker standards for who can get their hands on a gun. Given that the gun lobby has blocked the creation of a national database, it would be extremely difficult for local police to determine whether those out-of-state permits were even legitimate. Law enforcement all over the country strongly opposes this legislation.
If the US Senate passes Concealed Carry Reciprocity, people from other states who have criminal histories, who would never pass a background check in Massachusetts, would be able to carry a loaded, concealed gun into our neighborhoods. We know this is a bad idea. Our police officers, our neighbors, and the responsible gun owners of Boston agree.
Source: Press release on bill S.446 sponsored by 40 Senators 18LTR-CCCR on Apr 26, 2018
Ban gun registration & trigger lock law in Washington DC.
Flake 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
Page last updated: Jan 08, 2019