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U.S. Senate Votes To Protect Second Amendment Rights During Emergencies

Friday, July 14, 2006

On July 13, the U. S. Senate overwhelmingly passed (84-16) an amendment to the Homeland Security appropriations bill (H.R. 5441).  This amendment, offered by Senator David Vitter (R-La.), prohibits the use of funds appropriated under H.R. 5441 for the confiscation of lawfully possessed firearms during an emergency or major disaster. 

Commenting on the passage of the amendment, NRA-ILA Executive Director Chris W. Cox said, “After Hurricane Katrina, the New Orleans Police Superintendent issued orders to confiscate firearms from all citizens, allegedly under a state emergency powers law.  With that one order, he stripped the one means of self-protection innocent citizens had during a time of widespread civil disorder.  This legislation guarantees that will never happen again.”

Various reports indicate that law enforcement agencies from the federal government and several states confiscated guns from law-abiding New Orleans residents.  The Vitter Amendment prohibits the use of federal funds to seize firearms or restrict firearms possession, except in the circumstances allowed by current federal or state law.  Convicted felons and other “prohibited persons” are not protected under this legislation and it does not affect law enforcement operations outside of disaster relief situations.

“In passing this legislation, the U.S. Senate acted to protect the self-defense rights of citizens when those rights are most vital.  There was no 9-1-1 or police to rely on while looters and rapists and thugs ran rampant and honest citizens were left to their own devices to protect themselves, their families and their neighbors.  I want to thank Senator Vitter for introducing this amendment and all the Senators who supported it,” concluded Cox.

In the aftermath of Hurricane Katrina and the resulting gun confiscations, NRA filed suit in federal court and won a temporary restraining order ending the illegal gun confiscations.  After the City of New Orleans failed to comply with the court’s ruling, NRA filed a motion of contempt that included an order that all seized firearms be returned to their rightful owners. 
 
Due to NRA’s efforts, emergency powers legislation prohibiting government officials from restricting the rights of law-abiding gun owners during declared states of emergency has passed this year in Louisiana, Mississippi, Florida, South Carolina, Virginia, Alaska, Idaho, Kentucky, New Hampshire, and Oklahoma.

While the passage of the Vitter Amendment in the U.S. Senate represents an important victory for America’s law-abiding gun owners, the job is not yet finished.  It is vital that this provision be included in the final version of the bill that emerges from the House and Senate Conference Committee later this year.

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.