Jimmy Duncan on Gun Control
Republican Representative (TN-2)
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
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
Support the Second Amendment .
Duncan 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.
Duncan 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
No United Nations taxation on firearms.
Duncan co-sponsored against United Nations taxation on firearms
OFFICIAL CONGRESSIONAL SUMMARY: Prohibits appropriated funds from being used by any US official to promote any action by the UN which advocates the taxation of firearms or any other abrogation of rights under the Second Amendment to the Constitution. Condemns all proposals to tax or otherwise limit rights under the Second Amendment.
SPONSOR'S INTRODUCTORY REMARKS: Rep. PAUL: This legislation prohibits taxpayer support of any UN actions that could in any way infringe on the Second Amendment. The bill also expresses the sense of Congress that proposals to tax, or otherwise limit, the right to keep and bear arms are "reprehensible and deserving of condemnation."
Over the past decade, the UN has waged a campaign to undermine the right to keep and bear arms, which is protected by the Second Amendment of the US Constitution. UN Secretary-General Kofi Annan has called on members of the Security Council to "tackle" the proliferation and "easy availability"
of small arms and light weapons. Just this June, the UN tried to "tackle" gun rights by sponsoring a "Week of Action Against Small Arms." Of course, by small arms, the UN really means all privately owned firearms.
Contrary to the UN propaganda, the right to keep and bear arms is a fundamental right and, according to the drafters of the Constitution, the guardian of every other right. Many victims of tyranny were first disarmed by their governments. If the UN is successful in implementing a global regime of gun control, then more innocent lives will be lost to public (and private) criminals. I would remind my colleagues that policies prohibiting the private ownership of firearms were strongly supported by tyrants such as Adolph Hitler, Joseph Stalin, and Mao Tse-Tong. Global gun control is a recipe for global tyranny and a threat to the safety of all law-abiding persons.
LEGISLATIVE OUTCOME:Referred to House Committee on International Relations; never came to a vote.
Source: Right to Keep and Bear Arms Act (H.R.3125) 03-HR3125 on Sep 17, 2003
National cross-state standard for concealed carry.
Duncan 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.
Loosen restrictions on interstate gun purchases.
Duncan co-sponsored Firearms Interstate Commerce Reform Act
Congressional Summary:Amends the federal criminal code to:allow licensed firearms dealers to sell or deliver any firearm (currently, rifles or shotguns) to any state if the licensee meets with the purchaser and the transaction complies with the laws of the state in which the transfer is conducted and the purchaser's state of residence; and eliminate the requirement that a licensee must conduct business at a gun show only in the state that is specified on the licensee's license.Nothing in this Act shall prohibit the sale of a firearm or ammunition between licensed firearms dealers at any location in any state.
Proponent's Comments (NRA-ILA, Oct. 14, 2011): This bill would remove several antiquated and unnecessary restrictions imposed on interstate firearms business since 1968:
Source: HR58/S1691 11-H0058 on Oct 12, 2011
- Virtually all interstate transfers directly between private citizens are banned; so are nearly all interstate handgun sales by licensed dealers.
- Firearms dealers may only do business at their licensed premises or (since 1986) at gun shows in their own state.
- Dealers may not even transfer firearms to one another face to face, away from their business premises.
Allow veterans to register unlicensed guns acquired abroad.
Duncan 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.
Ban gun registration & trigger lock law in Washington DC.
Duncan 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
Apply concealed carry permit to all other states where legal.
Duncan 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.
Page last updated: Feb 03, 2017