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Please circle the letter corresponding to the answer of your choice.
l . The National Rifle Association believes that the Second Amendment to the Bill of Rights of the U.S. Constitution guarantees the right of individual Americans to own and use the firearms of their choice. The U.S. Court of Appeals for the Fifth Circuit recently issued a decision (U.S. v. Emerson) supporting this point of view. However, the NRA's opponents believe that it primarily protects the right of states to maintain a National Guard and that government may broadly limit private firearms ownership and use.
A. I agree with the NRA that the Second Amendment guarantees law-abiding individuals the right to keep and bear the arms of their choice. B. I disagree with the NRA and believe that the Second Amendment only protects state military forces.
Hofheinz response:
A. I agree with the NRA that the Second Amendment guarantees law-abiding individuals the right to keep and bear the arms of their choice.
2. Nearly thirty cities have filed lawsuits against firearms manufacturers, importers and dealers seeking "recovery" of funds spent for law enforcement and other emergency services. These suits allege that the firearms industry's manufacturing and sales practices are such that the industry is responsible for armed crime committed by third parties. The NRA is supporting legislation (H.R. 123 and H.R. 2037 in the 107th Congress) that would clarify and reiterate the traditional legal principle that a manufacturer cannot be held liable for the criminal or unlawful misuse of a legal non-defective product that was lawfully manufactured and sold. As of the end of 2001, 27 states had enacted such legislation.
A. I agree with the NRA and, if elected, would support federal legislation barring civil liability against firearms manufacturers for the criminal or unlawful use of their products. B. I disagree with the NRA and would oppose such legislation.
Hofheinz response:
A. I agree with the NRA and, if elected, would support federal legislation barring civil liability against firearms manufacturers for the criminal or unlawful use of their products. It is a fundamental principle of tort law that an actor is not responsible and need not take precautions against the unlawful actions of others. I fundamentally disagree with legislation which attempts to impose penalties upon any person or entity for the actions of others over whom they have no legal right of control.
3. In addition to lawsuits filed by cities, the Clinton Administration planned to use the U.S. Department of Housing and Urban Development (HUD) to support similar lawsuits against the firearms industry to be filed by local housing authorities. Such suits are just as baseless as those filed by the cities, and the NRA supports legislation which would forbid the expenditure of federal funds by future administrations through any government agency in support of these actions.
A. I agree with the NRA and, if elected, I will support this legislation. B. I disagree with the NRA and would oppose such legislation.
Hofheinz response:
A. I agree with the NRA and, if elected, I will support this legislation. I believe that such suits are a misuse of the judicial system; legal actions require the prior existence of a duty to the party alleged to be harmed, whether created by contract or through traditional tort law principles. Neither type duty exists with respect to these entities. This is a matter for legislative, not judicial determination.
4. Approximately 4,400 gun shows are held across the United States each year. Gun shows account for only about two percent of the firearms used by criminals according to federal government research. The vast majority of exhibitors at these shows are federally licensed firearms dealers subject to the background check requirements created by the Brady Act in 1993 for all of their transactions. Non-licensees are not subject to such requirements, just as they would not be subject to such requirements for sales at their own homes; but under current law, an individual who repeatedly makes firearms sales for the purpose of livelihood and profit is already required to be a federally licensed dealer. Anti-gun officials and organizations advocate a vast bureaucratic regime to restrict gun shows, if not ultimately to drive them out of existence. The NRA does not oppose an expansion of instant checks to firearms sales by non-dealers at gun shows, provided that such checks are made readily available and conducted in a non-bureaucratic and speedy manner to account for the unique and temporary nature of these events.
A. I believe that gun sales by private citizens who are not engaged in an ongoing firearms business should not be subject to federal background check requirements, whether the sales take place at a gun show or elsewhere, as is the present practice. If elected, I would oppose further regulation. B. I believe that all firearms sales at gun shows should be subject to timely background checks, but that occasional sales by non-licensees outside of the gun show environment should continue to be protected by current law and not further regulated. If elected, I would support legislation to that effect. C. I believe that all firearms transactions -- including private transfers between non-licensees - should be federally regulated, and I would support legislation to impose such requirements.
Hofheinz response:
B. I believe that all firearms sales at gun shows should be subject to timely background checks, but that occasional sales by non-licensees outside of the gun show environment should continue to be protected by current law and not further regulated. If elected, I would support legislation to that effect.
5. Thirty-eight states now have "Right to Carry" laws under which law-abiding citizens can exercise their right to carry firearms for personal protection. Legislation has been introduced in Congress to provide that a person licensed to carry a firearm by any state would be able to carry a firearm for self-defense while traveling throughout the United States, subject to both state and federal restrictions on the places in which firearms may be carried. The NRA supports such legislation.
A. I agree with the NRA and would support right-to-carry reciprocity legislation. B. I disagree with the NRA and would oppose right-to-carry reciprocity legislation.
Hofheinz response:
I have no current position on this question. I believe strongly in federalism, and the opportunity for each jurisdiction to act in the interest of its own citizenry (see general principles found on my website, and attached to these responses). This is a complex question, however, requiring the balancing of those considerations with action recognizing the mobility of our national population.
6. When a gun is fired, it leaves unique markings on the bullet and cartridge case, sometimes referred to as a "ballistic fingerprint." Some argue that since these markings can sometimes be used to identify a firearm used in a crime, all guns sold should be tested in advance and ballistically "fingerprinted." However, 65 million handguns are already in circulation. Such a mandate would require de facto registration of guns and could be expanded to require some or all existing guns to be "recalled" for such testing. Alterations to a firearm or replacement of parts, with or without criminal intent, can easily change a gun's "fingerprint" and render such a record-keeping program useless in fighting crime. Instead of a mandatory registration program, the NRA supports an objective, independent study of the costs and benefits of universal ballistic testing programs.
A. I agree with the NRA and support an independent evaluation of universal ballistic testing programs. B. I disagree with the NRA and support mandatory "ballistic fingerprinting" of new firearms. C. Other. Please explain:
Hofheinz response:
A. I agree with the NRA and support an independent evaluation of universal ballistic testing programs. I am a strong supporter of the individual right to privacy, and believe that governmental identification programs pose a substantial threat to that right. I believe that the program as described would infringe on the right to privacy without substantial justification.
7. The NRA opposes gun bans as a violation of both the Second Amendment and common sense. (However, fully automatic firearms, short-barreled shotguns, and certain "destructive devices" are currently very strictly regulated, and the NRA does not oppose those restrictions in their current form.) Which of the following statements best describes your opinion about banning firearms?
A. I agree with the NRA. The federal government should not ban any firearms. B. I disagree with the NRA. The following types of firearms should be banned: C. I disagree with the NRA. All firearms should be banned.
Hofheinz response:
A. I agree with the NRA. The federal government should not ban any firearms. History teaches us that where there is a market, demand will be filled either legally with appropriate regulation of potentially extremely harmful items or activities, or illegally without such regulation.
8. Ammunition magazines are devices for holding ammunition ready for loading into the chamber of a repeating firearm. Antigun activists believe that the federal government should continue to ban the sale of magazines holding more than a specified and arbitrary number of cartridges. The NRA believes that magazine restrictions violate the rights of law-abiding citizens, without affecting criminal activity.
A. I agree with the NRA that ammunition magazines should not be banned. B. I disagree with the NRA. Some ammunition magazines should be banned. Please specify:
Hofheinz response:
A. I agree with the NRA that ammunition magazines should not be banned. History teaches us that where there is a market, demand will be filled either legally with appropriate regulation of potentially extremely harmful items or activities, or illegally without such regulation. I would not oppose the regulation of availability of items which have a use substantially limited to antipersonnel applications such as belt ammunition or very large capacity magazine.
9. In 1994, Bill Clinton signed the Omnibus Crime Control Act. A provision of this law imposed a ten-year ban on the manufacture for sale to private citizens of nearly 200 models of semi-automatic firearms. The law also prohibited the manufacture for sale to private citizens of ammunition magazines capable of holding more than ten rounds of ammunition The premise for its passage was that these firearms and ammunition magazines are supposedly more dangerous than other firearms and magazines and are used disproportionately by criminals; both statements are demonstrably false.
A. I agree with the NRA that the gun and magazine ban should be allowed to sunset in 2004. B. I disagree with the NRA and would support extending the gun and magazine ban.
Hofheinz response:
A. I agree with the NRA that the gun and magazine ban should be allowed to sunset in 2004. History teaches us that where there is a market, demand will be filled either legally with appropriate regulation of potentially extremely harmful items or activities, or illegally without such regulation. I would not oppose the regulation of availability of items which have a use substantially limited to antipersonnel applications.
10. The Brady Act, passed in 1993, mandated a five-day waiting period between the initial purchase of a handgun and its delivery to the buyer. This waiting period was eliminated in 1998 with the implementation of the National Instant Background Check System (NICS), operated by the FBI. Antigun advocates support reimposing the waiting period even though it was originally passed only as a stopgap measure to allow background checks until NICS became available. The NRA opposes new waiting period legislation.
A. I agree with the NRA and would vote against imposition of a new waiting period. B. I disagree with the NRA and support reinstituting the waiting period.
Hofheinz response:
A. I agree with the NRA and would vote against imposition of a new waiting period.
11. The Brady Act itself, as well as the Firearms Owners' Protection Act of 1986, prohibits the use of records gathered in the course of all firearm sales or background checks to create a national registration system for firearms, firearms owners, or firearms transactions. Under the Clinton Administration, the FBI nonetheless maintained records of lawful purchasers for up to six months. In July of 2001 the Bush administration's Justice Department announced that it would reduce that period, allowing records to be kept only until the beginning of the next business day (not a complete solution, but a step in the right direction). Antigun activists in the Congress want to mandate a minimum of 90 days' record retention.
A. I agree with the NRA and think that no records should be maintained on any lawful gun buyer. B. I agree with the Bush administration and believe that records should be destroyed at the beginning of the next business day. C. I agree with antigun activists who want records kept for at least 90 days. D. Other. Please explain:
Hofheinz response:
D. Other. Please explain: While I agree with the NRA and think that no records should be maintained on any lawful gun buyer, I recognize the need for short term retention of records to assure compliance with background check requirements imposed on vendors. This information should not be consolidated or retained by government, but should be required to be retained by the vendor subject to the requirement; I have no opinion on the duration of a reasonable period to ensure effective enforcement. I am a strong supporter of the individual right to privacy, and believe that governmental information gathering programs pose a substantial threat to that right.
12. Firearm owner licensing is a system in which private citizens are required to obtain a permit from a government agency to buy and/or own a firearm. Licensing requirements may include fingerprinting, mandatory but arbitrary safety or proficiency training, and/or a statement as to why the firearm "is needed." The NRA is opposed to federal firearm owner licensing (other than the existing application requirements for machineguns and short-barreled rifles and shotguns) as a violation of citizens' constitutional rights, and as a waste of resources, since criminals will obtain firearm without complying with the requirements.
A. I agree with the NRA and oppose federal firearm owner licensing. B. I disagree with the NR A and support licensing for some firearm owners. Please specify: C. I disagree with the NRA and support federal licensing for all firearm owners.
Hofheinz response:
A. I agree with the NRA and oppose federal firearm owner licensing. History teaches us that where there is a market, demand will be filled either legally with appropriate regulation of potentially extremely harmful items or activities, or illegally without such regulation. I am a strong supporter of the individual right to privacy, and believe that governmental information gathering programs pose a substantial threat to that right.
13. Firearms registration is a system in which a government agency maintains immediately accessible records of specific firearms owned by individual citizens. Current federal law prohibits the creation of a federal firearms registration system (other than the existing registration requirements for machineguns and shortbarreled rifles and shotguns). Antigun advocates support firearms registration. The NRA opposes firearms registration as an unconstitutional and unnecessary measure which will be disregarded by criminals.
A. I agree with the NRA and oppose firearms registration. B. I disagree with the NRA and support registration of some firearms. Please specify: C. I disagree with the NRA and support registration of all firearms.
Hofheinz response:
A. I agree with the NRA and oppose firearms registration. I am a strong supporter of the individual right to privacy, and believe that governmental information gathering programs pose a substantial threat to that right.
14. Antigun advocates favor legislation limiting the number of firearms a law-abiding individual may buy in a specified and arbitrary time period (such as so-called "one-gun-a-month" laws), based on the claim that such limits reduce illicit firearms trafficking into states or cities with more restrictive gun control laws. The NRA believes that these laws have no effect on criminal behavior, since those who illegally engage in smuggling firearms to criminals do not abide by these or any other laws.
A. I agree with the NRA and oppose "one-gun-a-month" and similar restrictions on firearms purchases. B. I disagree with the NRA and support such restrictions on firearms purchases.
Hofheinz response:
A. I agree with the NRA and oppose "one-gun-a-month" and similar restrictions on firearms purchases. History teaches us that where there is a market, demand will be filled either legally with appropriate regulation of potentially extremely harmful items or activities, or illegally without such regulation. To impose such a requirement will simply increase the economic value of illegal distribution, and create a greater market than now exists.
15. Some antigun advocates have suggested that so-called "smart guns"-- firearms designed to be fired only by specific users -- would prevent firearms accidents and the use of stolen firearms in crime. Legislation has been introduced in Congress to require that when such technology is available, only these types of firearms could be sold. Even manufacturers developing "smart guns" do not anticipate their availability for several years, and federal government research indicates that additional gadgetry on firearms may make them less reliable for self-defense purposes. While the NRA does not oppose technical research in this area to develop new options for consumers, the NRA strongly opposes government mandates regarding the design and construction of firearms.
A. I agree with the NRA. If elected, I will oppose legislative "smart gun" mandates. B. I disagree with the NRA and would support legislation allowing only "smart guns" to be sold.
Hofheinz response:
A. I agree with the NRA. If elected, I will oppose legislative "smart gun" mandates.
16. Since 1977, the District of Columbia has banned the possession of all handguns not acquired and registered in the District prior to that year. D.C. law also prohibits the keeping of a loaded rifle or shotgun in the home, effectively outlawing the use of firearms in otherwise lawful self-defense. D.C. has one of the highest violent crime rates in the nation. The NRA supports legislation to reform the D.C. firearms.
A. I agree with the NRA and would support legislation restoring the Second Amendment rights of D.C. residents. B. I disagree with the NRA and would oppose reform legislation, thus keeping the D.C. gun ban in place.
Hofheinz response:
A. I agree with the NRA and would support legislation restoring the Second Amendment rights of D.C. residents. Constitutional rights extend to all Americans, including those in the District of Columbia. The appropriate path to reduce violent crime is to create an environment of hope and opportunity with an educated population.
17. Growing numbers of shooters have become interested in rifles that fire certain .50-caliber cartridges. Some .50-calibers are suitable for highly technical long-range target shooting competition; other .50-caliber cartridge designs have existed for well over a century and have been used throughout that time for hunting large game. Antigun activists and legislators have attacked .50-caliber rifles, claiming that they are likely to be used by international terrorists. In reality, no .50 caliber rifle is known to have been fired in any terrorist act or homicide in the United States. The rifles that fire this powerful cartridge are too large and heavy for criminals readily to carry or conceal many weighing 25 pounds or more. As with any rifle, a background check is conducted for all sales by dealers. Nonetheless, these antigun activists want to impose severe new restrictions on these guns, similar to those currently imposed on machineguns.
A. I agree with the NRA and oppose new restrictions on ownership of .50-caliber rifles by law abiding Americans. B. I disagree with the NRA and support restrictions on .50-caliber rifles. Please provide details:
Hofheinz response:
A. I agree with the NRA and oppose new restrictions on ownership of .50-caliber rifles by law abiding Americans.
18. Despite the fact that current federal law bans the sale of handgun ammunition defined as "armor-piercing" to civilians, anti-gun-activists seek to ban a wide variety of other types of ammunition that law-abiding Americans have used for self-defense, target shooting and hunting for more than half a century. NRA believes that further efforts to severely restrict the types of ammunition available to honest citizens are misdirected and unnecessary.
A. I agree with the NRA that no further ammunition bans are needed. B. I disagree with the NRA. The following types of ammunition should be banned:
Hofheinz response:
A. I agree with the NRA that no further ammunition bans are needed. History teaches us that where there is a market, demand will be filled either legally with appropriate regulation of potentially extremely harmful items or activities, or illegally without such regulation. To impose such a requirement will simply increase the economic value of illegal distribution, and create a greater market than now exists.
19. Under the Gun Control Act of 1968, imported firearms must meet a test of suitability for "sporting purposes" that is not required for domestically produced firearms. The National Rifle Association believes that this is an unjustified double standard which has been used improperly to regulate and ban the importation of firearms that are suitable for self-defense, collecting, and hunting, and that the standard will continue to be so abused unless it is reformed.
A. I agree with the NRA and would support legislation to provide that any firearm which could otherwise lawfully be manufactured in the United States would also be allowed to be imported. B. I disagree with the NRA and believe the existing two-tier system should be maintained.
Hofheinz response:
A. I agree with the NRA and would support legislation to provide that any firearm which could otherwise lawfully be manufactured in the United States would also be allowed to be imported.
20. Numerous bills have been introduced that would make changes to the Federal Election Campaign Act. Many of those bills contain provisions regulating "express advocacy" with regard to federal candidates. The NRA opposes those bills -- such as McCain-Feingold (S. 27) and Shays-Meehan (H.R. 2356) in the 107th Congress -- as infringements on the First Amendment rights of Americans to speak out, individually or as members of groups on legislative and political matters.
A. I agree with the NRA and would oppose campaign finance legislation that restricts free speech. B. I disagree with the NRA and support such legislation.
Hofheinz response:
Neither choice reflects my position. While I oppose all restrictions on free speech, I am strongly in favor of full disclosure of the source and amount of all expenditures in the course of exercising that right so that a full and fair evaluation of the content of the communication is possible. With the current system, such an evaluation is not possible, leading to abuse.
21. Do you believe that an individual has the right to use deadly force to protect his or her life, and the lives of his or her family from violent criminal attack?
A. Yes. B. No. Please explain:
Hofheinz response:
A. Yes.
22. Sportsmen should have access to Federally owned or administered lands for hunting, fishing or trapping.
A. I agree B. I disagree. Please explain:
Hofheinz response:
A. I agree, subject to reasonable time, place, and manner regulations generally imposed on all users.
23 Are you a member of the National Rifle Association, or of any other shooting, hunting or wildlife conservation organizations)?
A. Yes. Please list organizations and latest year of membership: B. No.
Hofheinz response:
B. No
24. Are you now' or have you been, an elected official at any level of government?
A. Yes. Please list position and dates in office: B. No.
Hofheinz response:
B. No
25. Have you ever been a candidate for public office in the past?
A. Yes. Please list office sought and year of campaign: B. No.
Hofheinz response:
B. No
Please attach or enclose extra pages for any additional comments that you would like to make:
Hofheinz general response:
I have attached a copy of my general statement regarding the role and scope of action through government.
I strongly believe in individual liberty and freedom from government interference in personal choices, and the right to privacy. One of the fundamental differences in viewpoint that finds expression in our society today is the conflict between those who want to tell everyone else what to do and how to live their lives, and those who want to live and let live. I hold to the second of these views.
Walter Wm. Hofheinz
2401 Turtle Creek Blvd.
Dallas, Texas 75219
214.363.2400
walter@hofheinz2002.org