Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Bill O’Reilly On Citizens Maintaining Second Amendment Rights During States Of Emergency: “That’s a pretty extreme position.”

Friday, February 19, 2010

As we have often reported, in the wake of the illegal gun confiscations in New Orleans following Hurricane Katrina, NRA focused its attention on legislation to amend existing emergency-powers statutes to guarantee that local authorities never again attempt the confiscation of lawfully owned firearms during states of emergency.

As you know, following Hurricane Katrina, many New Orleans residents legally armed themselves to protect their lives and property from civil disorder. With no way to call for help, and police unable to respond, lawful citizens were able to defend themselves and their neighbors against looters, arsonists and other criminals.

However, just when these people needed their guns for self-protection the most, New Orleans’s Police Superintendent ordered the confiscation of firearms, allegedly under a state emergency-powers law.  Fortunately, an NRA lawsuit brought an end to the seizures, and subsequent NRA-backed legislation ensured the gun confiscation travesty would not repeat itself. 

Unfortunately, many states have “emergency powers” laws that give the government permission to suspend or limit gun sales, and to prohibit or restrict citizens from transporting or carrying firearms. In some states, authorities are authorized to seize guns outright from citizens who’ve committed no crime, and who would then be defenseless against disorder. 

Within the past few weeks, a state of emergency was declared in King, North Carolina following a relatively heavy snowstorm.  As a result of the emergency declaration, local residents were banned from carrying firearms in their vehicles.

Entering into the fray this week was Bill O’Reilly, host of The O’Reilly Factor, on Fox News. 

In a February 18, interview that discussed, in part, the confiscation of legally-owned guns during a declared state of emergency (as was the case in the aftermath of Hurricane Katrina), O’Reilly affirmed his support of such confiscations.

When it was explained to O’Reilly that whether or not there’s a state of emergency, it’s still unconstitutional to confiscate lawfully-owned guns from honest citizens wanting to defend themselves, the Fox talking head retorts, “That’s a pretty extreme position.”

Perhaps in your opinion, Bill.  But for most law-abiding Americans, the notion that the government can suspend the Constitution and leave citizens without the most effective means of self-defense just because of a snowstorm or hurricane -- well, that would qualify as an extreme position.

Of course, no one condones the mindless violence of those who would loot a helpless city, or shoot at rescue workers.  But one reason for the citizens to retain a legal right to arms, is precisely because the government has no legal duty to protect them.  Legislative bodies can, and should, act to protect the self-defense rights of citizens at the times when those rights are most important.

NRA-ILA was instrumental in passing H.R. 5013--the “Disaster Recovery Personal Protection Act,”--federal legislation to protect gun owners’ rights during emergencies.  And we continue to fight for state legislation to do the same.  NRA-ILA has successfully passed Emergency Powers legislation in 28 states since Hurricane Katrina in 2005, and we will not rest until we reform all emergency powers laws to prohibit these types of arbitrary attacks on Second Amendment rights.
TRENDING NOW
Biden Reiterates Call to Ban 9mm Handguns

News  

Monday, July 26, 2021

Biden Reiterates Call to Ban 9mm Handguns

During a July 21 CNN “presidential town hall,” Joe Biden expressed his support for a ban on commonly-owned handguns. Responding to a question about the recent increase in violent crime, the career politician stated,

Great Expectations, Empty Promises: Gun Control in Washington State

News  

Monday, July 26, 2021

Great Expectations, Empty Promises: Gun Control in Washington State

For years, voters in the Evergreen State have been assured that if only they approve certain gun control ballot initiatives, they would “save lives” and reduce crime. The Washington Alliance for Gun Responsibility (WAGR), the organization pushing ...

How Anti-Gun Research Works

News  

Monday, July 26, 2021

How Anti-Gun Research Works

The objective world mistrusts most gun policy research because it’s clear the objective is to produce an anti-gun outcome rather than honest analysis. Politicians and professional activists claim the mantle of evidence but will ignore ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

St. Louis Prosecutor Kim Gardner Ignores Violent Crime While Playing Politics with Gun Owners

News  

Monday, July 26, 2021

St. Louis Prosecutor Kim Gardner Ignores Violent Crime While Playing Politics with Gun Owners

Similar to many other urban areas of the country, St. Louis saw a dramatic increase in homicide in 2020. The Gateway to the West’s homicide rate per 100 thousand residents exploded from 64.5 in 2019 to 87.2 in 2020. The homicide ...

Louisiana: Betrayal at the Capitol

Wednesday, July 21, 2021

Louisiana: Betrayal at the Capitol

Yesterday, SB 118, Constitutional Carry, was defeated due to several Senators reversing their initial vote of support on the bill.  Two of the Senators who flip-flopped were Senators Patrick Connick (SD-8) and Louie Bernard (SD-31). 

Students “School” Antigun Education Officials on Civil Rights, Receive Large Settlements in Court Cases

News  

Monday, July 19, 2021

Students “School” Antigun Education Officials on Civil Rights, Receive Large Settlements in Court Cases

Last September we reported on the saga of Ka'Mauri Harrison, a Louisiana elementary school student who was suspended for having a BB gun that happened to come into view while the fourth grader was participating in online ...

NRA-ILA Applauds Rep. Claudia Tenney and U.S. House of Representatives’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Tuesday, July 20, 2021

NRA-ILA Applauds Rep. Claudia Tenney and U.S. House of Representatives’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Earlier this year, the Supreme Court decided to hear the NRA-ILA backed case challenging New York’s restrictive concealed-carry-licensing regime. NRA-ILA’s opening brief is located here.

Forty-Three Amicus Briefs Filed In Support OF NRA-ILA Backed Second Amendment Case Before Supreme Court

Wednesday, July 21, 2021

Forty-Three Amicus Briefs Filed In Support OF NRA-ILA Backed Second Amendment Case Before Supreme Court

Earlier this year, the Supreme Court decided to hear the NRA-ILA backed case challenging New York’s restrictive concealed-carry-licensing regime. And just last week, NRA-ILA filed the opening brief in this crucial case, which is located here.

NRA-ILA Applauds Sen. Ted Cruz and U.S. Senators’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Wednesday, July 21, 2021

NRA-ILA Applauds Sen. Ted Cruz and U.S. Senators’ Amicus Brief Supporting Second Amendment Case Before Supreme Court

Earlier this year, the Supreme Court decided to hear the NRA-ILA backed case challenging New York’s restrictive concealed-carry-licensing regime. NRA-ILA’s opening brief is located here.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

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.