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:
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
National cross-state standard for concealed carry.
Cuellar 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:
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.
Source: National Right-to-Carry Reciprocity Act 09-HR197 on Jan 6, 2009
Teach kids Eddie Eagle GunSafe's lifesaving message.
Cuellar 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
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
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.
Require background check for every firearm sale and transfer.
Cuellar 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
Ban gun registration & trigger lock law in Washington DC.
Cuellar 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
Background checks even for private firearm transfers.
Cuellar voted YEA 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.