Brian Higgins on Gun Control Democratic Representative (NY-27)

End Dickey Amendment and fund federal gun violence research

[The NRA lobbied to pass the Dickey Amendment, which would separate funding for injury prevention from funds for promotinggun control.]

Voted YES on prohibiting product misuse lawsuits on gun manufacturers.

• 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

Prevent unauthorized firearm use with "smart gun" technology.

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.

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.

Ban large-capacity ammunition.

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.

Require background check for every firearm sale and transfer.

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

  Ban gun registration & trigger lock law in Washington DC.

  Higgins 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

    Sponsored bill for background checks for private transfers.

    Higgins 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

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