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Michael Burgess on Gun Control
Republican Representative (TX-26)
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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
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
Rated A by the NRA, indicating a pro-gun rights voting record.
Burgess 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.
Burgess 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.
Burgess 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:
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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
Interstate transportation of firearms is federally prote.
Burgess co-sponsored H.R.131
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.
Source: Bill sponsored by 27 House Members 15_H131 on Jan 6, 2015
Voted NO on background check for every firearm sale.
Burgess voted NAY 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.
Burgess 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
Voted NO on background checks for private transfers.
Burgess 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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2021-22 Governor, House and Senate candidates on Gun Control: |
Michael Burgess on other issues: |
TX Gubernatorial: Allen West Andrew White Annise Parker Beto O`Rourke Chad Prather David Dewhurst Deidre Gilbert Don Huffines George P. Bush Greg Abbott Julian Castro Kathie Glass Lupe Valdez Mike Rawlings TX Senatorial: Beto O`Rourke Chris Bell Cristina Tzintzun Ramirez John Cornyn MJ Hegar Royce West Sema Hernandez Ted Cruz
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Republican Freshman class of 2021:
AL-1: Jerry Carl(R)
AL-2: Barry Moore(R)
CA-8: Jay Obernolte(R)
CA-50: Darrell Issa(R)
CO-3: Lauren Boebert(R)
FL-3: Kat Cammack(R)
FL-15: Scott Franklin(R)
FL-19: Byron Donalds(R)
GA-9: Andrew Clyde(R)
GA-14: Marjorie Taylor Greene(R)
IA-2: Mariannette Miller-Meeks(R)
IA-4: Randy Feenstra(R)
IL-15: Mary Miller(R)
IN-5: Victoria Spartz(R)
KS-1: Tracey Mann(R)
KS-2: Jake LaTurner(R)
LA-5: Luke Letlow(R)
MI-3: Peter Meijer(R)
MI-10: Lisa McClain(R)
MT-0: Matt Rosendale(R)
NC-11: Madison Cawthorn(R)
NM-3: Teresa Leger Fernandez(D)
NY-2: Andrew Garbarino(R)
NY-22: Claudia Tenney(R)
OR-2: Cliff Bentz(R)
PR-0: Jenniffer Gonzalez-Colon(R)
TN-1: Diana Harshbarger(R)
TX-4: Pat Fallon(R)
TX-11: August Pfluger(R)
TX-13: Ronny Jackson(R)
TX-17: Pete Sessions(R)
TX-22: Troy Nehls(R)
TX-23: Tony Gonzales(R)
TX-24: Beth Van Duyne(R)
UT-1: Blake Moore(R)
VA-5: Bob Good(R)
WI-5: Scott Fitzgerald(R)
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Incoming Democratic Freshman class of 2021:
CA-53: Sara Jacobs(D)
GA-5: Nikema Williams(D)
GA-7: Carolyn Bourdeaux(D)
HI-2: Kai Kahele(D)
IL-3: Marie Newman(D)
IN-1: Frank Mrvan(D)
MA-4: Jake Auchincloss(D)
MO-1: Cori Bush(D)
NC-2: Deborah Ross(D)
NC-6: Kathy Manning(D)
NY-15: Ritchie Torres(D)
NY-16: Jamaal Bowman(D)
NY-17: Mondaire Jones(D)
WA-10: Marilyn Strickland(D)
Republican takeovers as of 2021:
CA-21: David Valadao(R)
defeated T.J. Cox(D)
CA-39: Young Kim(R)
defeated Gil Cisneros(D)
CA-48: Michelle Steel(R)
defeated Harley Rouda(D)
FL-26: Carlos Gimenez(R)
defeated Debbie Mucarsel-Powell(D)
FL-27: Maria Elvira Salazar(R)
defeated Donna Shalala(D)
IA-1: Ashley Hinson(R)
defeated Abby Finkenauer(D)
MN-7: Michelle Fischbach(R)
defeated Collin Peterson(D)
NM-2: Yvette Herrell(R)
defeated Xochitl Small(D)
NY-11: Nicole Malliotakis(R)
defeated Max Rose(D)
OK-5: Stephanie Bice(R)
defeated Kendra Horn(D)
SC-1: Nancy Mace(R)
defeated Joe Cunningham(D)
UT-4: Burgess Owens(R)
defeated Ben McAdams(D)
Special Elections 2021-2022:
CA-22: replacing Devin Nunes (R, SPEL summer 2022)
FL-20: replacing Alcee Hastings (D, SPEL Jan. 2022)
LA-2: Troy Carter (R, April 2021)
LA-5: Julia Letlow (R, March 2021)
NM-1: Melanie Stansbury (D, June 2021)
OH-11: Shontel Brown (D, Nov. 2021)
OH-15: Mike Carey (R, Nov. 2021)
TX-6: Jake Ellzey (R, July 2021)
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