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
U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

News  

Wednesday, September 23, 2026

Trump DOJ Sues San Jose, Ca., Over $1,600 Concealed Carry Licensing Fee

Do you know the way to San Jose? Dionne Warwick famously asked in her 1968 hit song. Well, Assistant U.S. Attorney General Harmeet Dhillon certainly does, and she recently made sure the city was served ...

Everytown Goes Hunting for Credibility

News  

Wednesday, September 23, 2026

Everytown Goes Hunting for Credibility

The irony is nothing short of comedy. Multiple outlets are having a field day with the Michael Bloomberg-backed Everytown organization, which has spent years and millions of dollars supporting extreme restrictions on lawful gun ownership, ...

Study Suggests “Safe Storage” Mandates are Ineffective

News  

Wednesday, September 23, 2026

Study Suggests “Safe Storage” Mandates are Ineffective

While it likely comes as no surprise to most readers, a recent study suggests that government-mandates that law-abiding gun owners always secure their firearms when “not in use”—usually unloaded, separate from ammunition, and either in ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

The Fight to Protect the Firearms Industry Continues

News  

Wednesday, September 23, 2026

The Fight to Protect the Firearms Industry Continues

The political lawfare campaign to dismantle the lawful firearms industry by holding it liable for the criminal misuse of its constitutionally protected products should have never started. U.S. tort law has long held that a ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

Thursday, September 24, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

The National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Beckwith v. Frey, a challenge to Maine’s 72-hour waiting period requirement for firearm purchases.

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.