Explore The NRA Universe Of Websites

APPEARS IN News

Pelosi Claims Future President Could Use “National Emergency” to Target Guns

Friday, February 22, 2019

Pelosi Claims Future President Could Use “National Emergency” to Target Guns

First, gun control supporters supposedly wanted a “national conversation” on gun violence. Then they purported to want Congress to enact so-called “common sense gun reform.” Now some anti-gun lawmakers are dispensing with any pretense of good or constitutional governance and revealing that they are willing to target guns and gun owners by executive fiat.

On February 14, Speaker Nancy Pelosi (D-Calif.) held a press conference where she excoriated President Donald Trump for his plan to declare a national emergency in order to shift funding to the construction of barriers along the Southern border. During her remarks, Pelosi declared,

Just think of what a president with different values can present to the American people. Want to talk about a national emergency? Let’s talk about today, the one year anniversary of another manifestation of the epidemic of gun violence in America. That’s a national emergency. Why don’t you declare that emergency Mr. President? I wish you would. But a Democratic president can do that. A Democratic President can declare emergencies as well.

Pelosi’s characterization of gun violence as an epidemic or national emergency is incorrect. Since 1991, the murder rate has fallen by 45 percent and the overall violent crime rate has fallen by 48 percent. At the same time that violent crime was falling, Americans were acquiring a record number of firearms.

Moreover, there is not an epidemic of the type of violence Pelosi cited. In 2018, researchers from Northeastern University led by Professor of Criminology James Alan Fox shared research that determined, “shooting incidents involving students have been declining since the 1990s.”

In fact, Fox was quoted in the article that presented the research as stating, “there is not an epidemic of school shootings.”

It is unclear from Pelosi’s vague comments what type of executive action she contemplates a future anti-gun president taking. Taking to Twitter the following day, Sen. Chris Murphy (D-Conn.) offered more detail, “If Trump gets away w this border emergency declaration, then a Dem President can declare a gun violence emergency and institute universal background checks and an assault weapons ban by executive action.”

Under the National Emergencies Act, when tasked with a pressing matter a president may declare a national emergency in order to activate certain statutory powers the Congress has authorized that would otherwise be unavailable to him. In this instance, President Trump has cited the power provided by 10 U.S.C. 2808, which permits the executive branch to undertake military construction projects in the event of a declared national emergency, in order to shift funds to the construction of a border wall.

There is no analogous statute that would authorize the executive branch to enact long-rejected gun control policies following the declaration of a national emergency.

Rather, thanks to an NRA-supported provision, federal law explicitly prohibits federal authorities from taking certain actions in relation to firearms and firearms owners pursuant to an “emergency.”

42 U.S.C. 5207 states,

                (a) Prohibition on confiscation of firearms

No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, or under control of any Federal official, or providing services to such an officer, employee, or other person, while acting in support of relief from a major disaster or emergency, may--

(1) temporarily or permanently seize, or authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local law, other than for forfeiture in compliance with Federal law or as evidence in a criminal investigation;

(2) require registration of any firearm for which registration is not required by Federal, State, or local law;

(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or

(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

Moreover, as the Congressional Research Service correctly pointed out in 2007 report on National Emergency Powers, “With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency.” This, of course, includes the Second Amendment.

As for Sen. Murphy’s national emergency semi-automatic gun ban fantasy, Justice Antonin Scalia’s opinion in the U.S. Supreme Court case District of Columbia v. Heller explained that the Second Amendment protects ownership of firearms “in common use at the time” for “lawful purposes like self-defense.” In 2015, Justice Scalia made clear that this includes firearms such as the AR-15 when he signed onto a dissent from denial of certiorari written by Justice Clarence Thomas that noted,

Roughly five million Americans own AR-style semiautomatic rifles. The overwhelming majority of citizens who own and use such rifles do so for lawful purposes, including self-defense and target shooting. Under our precedents, that is all that is needed for citizens to have a right under the Second Amendment to keep such weapons.

Any effort to ban these commonly-owned firearms, under the guise of a national emergency or otherwise, is unconstitutional.

Desperate to enact federal gun control policies repeatedly rejected by the American people through their elected representatives and attack President Trump, anti-gun lawmakers have stooped to a fresh low. This latest outburst reveals not only their disdain for Second Amendment rights, but for our constitutional form of governance.

TRENDING NOW
Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

Thursday, March 7, 2024

Colorado: General Assembly Continues to Follow California's Lead; Semi-Auto Ban Scheduled For Hearing

The Colorado General Assembly continues to follow California's lead when it comes to gun control, this year already pushing for an 11% Excise tax on firearms/ammunition and now pursuing a ban on commonly owned semi-automatic ...

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Friday, March 15, 2024

Wisconsin: Legislation Updating the Definition of Muzzloader Signed by Governor Evers

Yesterday, the governor signed Wisconsin Act 116, formally Senate Bill 587, into law. This legislation establishes a new definition for “muzzleloaders” that would allow for the use of innovative technological advancements that could benefit sportsmen, ...

Maine: NRA Fires Back Against Gun Grabbers

Friday, March 15, 2024

Maine: NRA Fires Back Against Gun Grabbers

For months, anti-gun politicians and gun-grabbing groups have been running wild in Augusta, spreading misinformation about firearms in a desperate attempt to pass the most extreme gun-control in the country. The proposals carry the same theme, ...

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Friday, March 15, 2024

Delaware: Senate Passes Maryland-Style Permit to Purchase Scheme

Last night, the Delaware Senate passed Senate Substitute 1 for Senate Bill 2 (SB 2) by a vote of 15 to 6. This extreme legislation will impose a Maryland-style “handgun qualified purchase card” and a handgun transfer ...

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

Wednesday, March 6, 2024

Virginia: More than a Dozen Anti-Gun Bills Sent to the Governor!

The newly elected Virginia General Assembly has prioritized restricting law-abiding citizens' Second Amendment rights and has made good on that priority this session. This year, dozens of anti-gun bills have been considered in both chambers ...

Colorado: Semi-Auto Ban Introduced in General Assembly

Wednesday, February 14, 2024

Colorado: Semi-Auto Ban Introduced in General Assembly

Anti-Gun extremist State Reps. Tim Hernandez (D-04) and Elisabeth Epps (D-06) introduced House Bill 24-1292, a bill banning the manufacturing, importing, purchasing, selling, offering to sell, or transferring ownership of so called “assault weapons”. 

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

News  

Monday, March 11, 2024

Washington Post’s Somewhat Pro-Gun Column Inadvertently Exposes Problem with Mandatory Storage Laws

We generally don’t expect to see the Washington Post say anything positive about firearms or law-abiding gun owners, although there are occasional Op-Eds from pro-Second Amendment lawmakers, unbiased researchers and Constitutional scholars, and the like.

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

News  

Monday, March 11, 2024

Appropriations Bill Passes with Language Protecting Veterans’ Second Amendment Rights

Last week, Congress approved a package of legislation to fund various government agencies that corrects a longstanding and shameful practice that had been depriving American veterans of their Second Amendment rights since 1998.

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Thursday, March 14, 2024

Colorado: Mandatory Storage Bill Passes Committee and Hearings Postponed Due to Weather

Today, HB 24-1348 which mandates how firearms must be stored in unattended vehicles, passed out of the House Judiciary Committee and is now eligible for a final vote on the House Floor. Please contact your lawmakers by using the ...

Utah: Governor Cox Signs Legislation Protecting Financial Privacy of Gun Owners!

Thursday, March 14, 2024

Utah: Governor Cox Signs Legislation Protecting Financial Privacy of Gun Owners!

Today, Governor Spencer Cox signed HB 406, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. The NRA would like to thank Governor Cox for signing this ...

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.