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David Adam Smith on Gun Control
Democratic Representative (WA-9)
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Voted NO 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: - 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
Reference: Protection of Lawful Commerce in Arms Act;
Bill S 397
; vote number 2005-534
on Oct 20, 2005
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
Prevent unauthorized firearm use with "smart gun" technology.
Smith adopted the manifesto, "A New Agenda for the New Decade":
Make America the “Safest Big Country” in the World
After climbing relentlessly for three decades, crime rates started to fall in the 1990s. Nonetheless, the public remains deeply concerned about the prevalence of gun violence, especially among juveniles, and Americans still avoid public spaces like downtown retail areas, parks, and even sports facilities.
We need to keep policing “smart” and community-friendly, prohibiting unjust and counterproductive tactics such as racial profiling; focus on preventing as well as punishing crime; pay attention to what happens to inmates and their families after sentencing; use mandatory testing and treatment to break the cycle of drugs and crime; and enforce and strengthen laws against unsafe or illegal guns. Moreover, we need a renewed commitment to equal justice for all, and we must reject a false choice between justice and safety.
Technology can help in many areas: giving police more information on criminal
suspects so they do not rely on slipshod, random stop-and-search methods; allowing lower-cost supervision of people on probation or parole; and making it possible to disable and/or trace guns used by unauthorized persons.
Above all, we need to remember that public safety is the ultimate goal of crime policy. Until Americans feel safe enough to walk their neighborhood streets, enjoy public spaces, and send their children to school without fear of violence, we have not achieved public safety.
Goals for 2010 - Reduce violent crime rates another 25 percent.
- Cut the rate of repeat offenses in half.
- Develop and require “smart gun” technology to prevent use of firearms by unauthorized persons and implement sensible gun control measures.
- Ban racial profiling by police but encourage criminal targeting through better information on actual suspects.
- Require in-prison and post-prison drug testing and treatment of all drug offenders.
Source: The Hyde Park Declaration 00-DLC11 on Aug 1, 2000
Rated B by the NRA, indicating a pro-gun rights voting record.
Smith scores B 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.
Smith 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. - 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
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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.
Source: Resolution Commending the National Rifle Association 10-HRs1365 on May 18, 2010
Ban large-capacity ammunition.
Smith co-sponsored Large Capacity Ammunition Feeding Device Act
Amends the Brady Handgun Violence Prevention Act
- to prohibit the transfer or possession of a large capacity ammunition feeding device, except for its lawful possession within the United States on or before the date of this Act's enactment; and
- the importation or bringing into the United States of such a device (with some exceptions).
- Identification Markings: Requires a large capacity ammunition feeding device manufactured after this Act's enactment to be identified by a serial number that clearly shows that the device was manufactured after enactment.
- Whoever knowingly violates this law shall be fined, imprisoned not more than 10 years, or both.
Source: H.R.138&S.33 13-HR0138 on Jan 3, 2013
Require background check for every firearm sale and transfer.
Smith voted YEA the Bipartisan Background Checks Act
H.R.8: To require a background check for every firearm sale. This Act may be cited as the "Background Check Expansion Act".
- It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer a firearm to any other person who is not so licensed [and conducted a background check].
- The [restrictions] shall not apply to any law enforcement officer, or member of the armed forces, or bona fide gift between spouses, between parents and their children, or between siblings or [immediate family members].
- Temporary transfers [are allowed] if the transferor has no reason to believe that the transferee will use or intends to use the firearm in a crime or is prohibited from possessing firearms; at a shooting range; or while reasonably necessary for the purposes of hunting.
Opposing argument from the Heritage Foundation, 2/26/2019: Heritage Action opposes the Bipartisan Background Checks Act
(H.R. 8) and will include it as a key vote on our legislative scorecard. This legislation would require universal background checks for all firearm sales (even private) with specific exceptions. Unfortunately, universal background checks would do little to prevent firearm violence and would instead make it more difficult for law-abiding citizens to purchase, own, carry, and use a firearm. Studies show that universal background checks are largely ineffective when it comes to preventing mass shootings. In addition, most people imprisoned for firearm-related crimes access their firearms illegally through theft, the underground market, family members, or friends. H.R. 8 is poorly written and makes criminals out of many law-abiding Americans who commonly make low-risk firearm transfers.
Legislative outcome Roll call 99 in House on 2/27/2019 passed 240-190-2; introduced in Senate 1/8/2019; no action as of 3/28/2020.
Source: Congressional vote 19-HR0008 on Feb 27, 2019
Sponsored bill for background checks for private transfers.
Smith co-sponsored Background Check Expansion Act
H.R.8 - Bipartisan Background Checks Act: This bill establishes new background check requirements for firearm transfers between private parties (i.e., unlicensed individuals). Specifically, it prohibits a firearm transfer between private parties unless a licensed gun dealer, manufacturer, or importer first takes possession of the firearm to conduct a background check. The prohibition does not apply to gifts between spouses in good faith.
Heritage Action opinion to vote NO (Feb. 26, 2019): This legislation would require universal background checks for all firearm sales (even private). Unfortunately, universal background checks would do little to prevent firearm violence and would instead make it more difficult for law-abiding citizens to purchase, own, carry, and use a firearm. Studies show that universal background checks are largely ineffective when it comes to preventing mass shootings.
In 19 of the most recent high-profile cases, the shooters bought their firearms legally and passed all the required background checks.
White House Statement (Biden's opinion to vote YES): Gun violence is a public health crisis. Every day, gun violence--community violence, domestic violence, suicides, and mass shootings--takes American lives and forever alters many more. Last year, we saw record levels of homicides in cities throughout our country. The Federal gun background check system is a proven tool to reduce gun violence and save lives. This system, called the National Instant Criminal Background Check System, has kept millions of guns out of potentially dangerous hands. The Administration encourages closing existing loopholes in this system [such as private transfers in H.R. 8].
Legislative Outcome: Passed House 227-203-1 on 03/11/2021 (rollcall #75); introduced in Senate with 36 co-sponsors; no further Senate action during 2021.
Source: S.529/H.R.8 21-S529 on Mar 1, 2021
Page last updated: Jan 23, 2022