Mo Brooks on Gun Control

Proponent's Comments (NRA-ILA, Oct. 14, 2011): This bill would remove several antiquated and unnecessary restrictions imposed on interstate firearms business since 1968:

• 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.

• 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.

Interstate transportation of firearms is federally prote.

Congressional Summary: On interstate transportation of firearms or ammunition:

• Require that a firearm and ammunition shall be in a locked container.
• Does not permit transportation of firearms or ammunition with the intent to commit a crime.
• Prohibits detention of a person for violation of any local gun law unless there is probable cause.

Supporters reasons for voting YEA: (NRA Institute for Legal Action, 1/16/15): Current federal law guarantees the right of law-abiding persons to transport firearms, regardless of state or local laws. Unfortunately, anti-gun local officials are using overly restrictive state licensing laws to harass and prosecute travelers who have made every effort to comply with the law, resulting in seized guns and sometimes arrests. HR 131 would make clear that I, including activities incidental to the trip such as temporary lodging.

Opponents reasons for voting NAY: (PopVox blog postings on HR 131):

• CA-19: I oppose HR131 because it is overly burdensome on law abiding individuals and attempts to fix an issue that is not documented to be a problem or responsible for any amount of crime today.
• SD-0: I oppose HR131 because this encourages illegal hunting. Gun laws already differ in each state. The last thing we want is increase of breaching of laws as one is "unaware" of the law of that state.
• AZ-5: I oppose HR131 because travelling can be dangerous. A firearm is useless for defense if it is locked in a box.
• MO-7: I oppose HR131 because it attempts to once again federally mandate a standard across all states which poses as a protection to gun owners, but could be abused by law enforcement.
• NH-2: I oppose HR131 because this is not only unnecessary, but impractical in many situations. We already have more than enough poorly constructed firearms laws on the books.

Voted NO on background check for every firearm sale.

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

  Voted NO on background checks for private transfers.

  Brooks voted NAY 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: Congressional vote 21-S529 on Mar 1, 2021

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