J.D. Hayworth on Gun Control
Former Republican Representative (AZ-5, 1995-2007)
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:
Reference: Protection of Lawful Commerce in Arms Act;
Bill S 397
; vote number 2005-534
on Oct 20, 2005
- 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
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 NO 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
Support the Second Amendment .
Hayworth adopted the Republican Liberty Caucus Position Statement:
As adopted by the General Membership of the Republican Liberty Caucus at its Biannual Meeting held December 8, 2000.
- WHEREAS libertarian Republicans believe in limited government, individual freedom and personal responsibility;
- WHEREAS we believe that government has no money nor power not derived from the consent of the people;
- WHEREAS we believe that people have the right to keep the fruits of their labor; and
- WHEREAS we believe in upholding the US Constitution as the supreme law of the land;
BE IT RESOLVED
that the Republican Liberty Caucus endorses the following [among its] principles:
Source: Republican Liberty Caucus Position Statement 00-RLC6 on Dec 8, 2000
- Every American has the right to keep and bear arms. We affirm our support for the second amendment of the US Constitution.
- All people, regardless of position in the public or private sector, should be held equally accountable under the law.
- The *only* litmus test for Supreme Court or other judges should be their determination to accurately interpret, not amend, the Constitution. Judges have *no* authority to make new law.
No lawsuits against gun manufacturers.
Hayworth co-sponsored against lawsuits against gun manufacturers
OnTheIssues.org explanation: This bill is a response to the success of tobacco lawsuits, which resulted in cigarette manufacturers paying billions to compensate for the long-term negative health effects of tobacco use. Gun manufacturers grew concerned that the same sort of lawsuit would be applied to guns.
OFFICIAL CONGRESSIONAL SUMMARY:
- To prohibit civil liability actions against manufacturers or distributors of firearms or ammunition for damages resulting from the misuse of their products by others.
- Requires dismissal of any such action that is pending on the date of this Act's enactment
- Specifies exceptions with respect to actions against persons who transfer a firearm knowing that it will be used to commit a crime of violence.
EXCERPTS FROM CONGRESSIONAL FINDINGS:
The Congress finds the following:LEGISLATIVE OUTCOME: Referred to the House Committee on the Judiciary; never called for a House vote.
Source: Firearms Heritage Protection Act (H.R.123) 01-HR0123 on Jan 3, 2001
- Citizens have a right, under the Second Amendment, to keep and bear arms.
- Lawsuits have been commenced against manufacturers
& dealers of nondefective firearms, which seek money damages for the harm caused by the misuse of firearms by third parties, including criminals.
- The sale and use of firearms and ammunition is heavily regulated.
- Businesses that are engaged in commerce of firearms or ammunition are not, and should not be, liable for the harm caused by those who unlawfully misuse firearm products.
- The possibility of imposing liability on an entire industry for harm that is the sole responsibility of others is an abuse of the legal system.
- The liability actions commenced are based on theories without foundation in hundreds of years of the common law and American jurisprudence.
- An expansion of liability would constitute a deprivation of the rights guaranteed to citizens under the Fourteenth Amendment to the US Constitution.
Rated A by the NRA, indicating a pro-gun rights voting record.
Hayworth 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
Page last updated: Nov 26, 2010