Explore The NRA Universe Of Websites

APPEARS IN News

State "Emergency Powers" vs. The Right to Arms

Monday, October 15, 2007

After 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, honest citizens were able to defend themselves and their neighbors against looters, arsonists and other criminals.1

However, just when these people needed guns the most, New Orleans's Police Superintendent ordered the confiscation of firearms, allegedly under a state emergency powers law. "No one will be able to be armed," he said. "Guns will be taken. Only law enforcement will be allowed to have guns."2 (Fortunately, an NRA lawsuit brought an end to the seizures—along with a far-fetched denial that confiscation had ever been ordered. Following this, Judge Carl J. Barbier, presiding over the U.S. District Court for the Eastern District of Louisiana, held New Orleans Mayor Ray Nagin and Police Chief Warren Riley in contempt for “failure to provide initial disclosures and to compel answers to discovery” during NRA’s injunction against the City for their illegal gun confiscations.)

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.3Legislative bodies can, and should, act to protect the self-defense rights of citizens at the times when those rights are most important.

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.

The movement to change these laws is gaining speed. Just two months after Hurricane Katrina, the Louisiana legislature--with only one dissenting vote--adopted a resolution declaring "the policy of the state of Louisiana to protect and uphold the citizens' right to keep and bear arms in their residences, businesses, and means of transport, and on their persons," condemning the seizure of firearms from New Orleans citizens, and announcing it planned to amend Louisiana's emergency powers law "to rectify the denial of these rights."4 Since then, 21 additional states have joined Louisiana by passing laws to protect the rights of law-abiding gun owners by prohibiting the confiscation of firearms during a time of emergency.

Congress and President Bush also saw the need to act to protect gun owners’ rights during emergencies. H.R. 5013, the “Disaster Recovery Personal Protection Act,” was introduced in the House by Congressman Bobby Jindal (LA - 1) and passed the House on July 25, 2006 with a broad bi-partisan margin of 322-99. Senator David Vitter (R-La) introduced the Senate version of the bill and added it as an Amendment to Homeland Security Appropriations, which passed the United States Senate by 84-16, the largest margin of victory for a NRA-backed measure. On October 9, 2006, President George W. Bush signed this legislation into law.

In the past, America has balanced emergency needs with respect for constitutional rights. Months before Pearl Harbor, the U.S. Congress passed the Property Requisition Act of 1941, which allowed the President, as a last resort, to seize needed war materials "upon the payment of fair and just compensation."5 The Congress, concerned about the prospect of gun confiscation, included language to prohibit registration or seizure of privately owned firearms. America and its allies went on to win the greatest armed conflict in history. Today, Congress and the state legislatures should follow that lead.


 

1 Felicity Barringer & Jere Longman, Police and Owners Begin to Challenge Looters, New York Times, September 1, 2005; Robert Tanner, With Guns And Generators, A Few Homeowners Stand Guard (AP), Columbia Tribune, September 5, 2005; Bob Dart, Armed Militia Protects Its New Orleans Neighborhood, Austin American-Statesman, Sept. 10, 2005.

2 Timothy Dwyer & Ann Scott Tyson, Troops Escalate Urgency of Evacuation, Washington Post, Sept. 9, 2005.

3 See, e.g.. DeShaney v. Winnebago County Dep't of Social Services, 489 U.S. 189, 197 (1989) ("[A] State's failure to protect an individual against private violence simply does not constitute a violation of the Due Process Clause.").

4 H.C.R. 39, 1st Extraordinary Session 2005 (La.).

5 Property Requisition Act, Ch. 445, 55 Stat. 742 (1941).

IN THIS ARTICLE
Emergency Powers Laws
TRENDING NOW
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

NRA and 2A Allies Announce NFA Lawsuit

Monday, July 7, 2025

NRA and 2A Allies Announce NFA Lawsuit

Following the passage of the “One Big Beautiful Bill”—which eliminates the National Firearms Act of 1934’s (NFA) excise tax on suppressors, short-barreled rifles, short-barreled shotguns, and AOWs—the National Rifle Association issued a joint statement along with the ...

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

News  

Thursday, July 3, 2025

Congress Passes the “One Big Beautiful Bill,” Now Headed to President Trump

Earlier today the U.S. House of Representatives passed the “One Big Beautiful Bill.” This bill contained a provision that would, among other things, eliminate the burdensome $200 excise tax imposed by federal law on suppressors, short-barreled firearms, ...

United Nation’s Attack on Ammunition Formally Begins

News  

Monday, July 7, 2025

United Nation’s Attack on Ammunition Formally Begins

The recently concluded negotiations on the United Nations’ Global Framework on Through-Life Conventional Ammunition Management (Framework) should be of grave concern to anyone who values the constitutional protections afforded by the Second Amendment. 

U.K. Embarks on Fresh Knife Amnesty, Reminds Americans Why 1776 was a Good Idea

News  

Monday, July 7, 2025

U.K. Embarks on Fresh Knife Amnesty, Reminds Americans Why 1776 was a Good Idea

It has been a while since we’ve looked at weapon news from across the pond, but with Americans everywhere having just celebrated the Glorious Fourth and our independence from British monarchy, the timing seems particular ...

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Thursday, July 10, 2025

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

In Reese v. ATF, the Fifth Circuit held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

President Trump Signs the “One Big Beautiful Bill Act” into Law

News  

Friday, July 4, 2025

President Trump Signs the “One Big Beautiful Bill Act” into Law

Earlier today, on the 4th of July, a day on which our Founding Fathers declared their intent for a free nation, the President of the United State of America, Donald Trump, signed the “One Big ...

NRA-ILA July 2025 Litigation Update

Thursday, July 10, 2025

NRA-ILA July 2025 Litigation Update

In the second quarter of 2025, the National Rifle Association filed two cert petitions in the U.S. Supreme Court and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

North Carolina: Update on Gun Bills Moving through the General Assembly

Tuesday, June 24, 2025

North Carolina: Update on Gun Bills Moving through the General Assembly

Recently, House Bill 193 (H193) was reported favorably out of both the Senate Judiciary Committee and the Senate Rules Committee, with amendments.

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.