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The start of hurricane season has become a selling point for gun-rights legislation spurred by Hurricane Katrina.
During the during storm’s chaotic aftermath, government officials hoping to ensure public safety seized hundreds of legally owned guns from Louisiana residents, some seeking to protect themselves from pillagers and assailants. The seizures have triggered outrage among gun-rights activists, spawning a lawsuit and bills nationwide to ban future confiscations.
“These people were left to defend themselves from criminals,” said Chris Cox, chief lobbyist for the National Rifle Association (NRA). “It really became the proving ground for what American gun owners have always feared, and that’s the day that bureaucrats threw the Bill of Rights in the trash can.”
Cox and other lobbyists are pushing for a bill that would ban government officials from seizing firearms during emergencies, saying it would ensure protection for law-abiding citizens when they need it most. Opponents say it could hamper law enforcement’s ability to stabilize turbulent situations.
“It was a real shame and outrageous that people had their guns taken right at their greatest time of need,” said Larry Pratt, president of Gun Owners of America, another gun-rights lobbying group. “We’re talking about infringing on people’s rights, and there’s no good reason that law-abiding citizens should have their rights revoked.”
Since Katrina, state legislators in Louisiana, Virginia, New Hampshire, Florida and Arizona have unveiled bills that would ban weapons seizures by state and local officials during emergencies. In Washington, S. 2599 and H.R. 5013 would prevent federal officials from making the confiscations. Proponents are using the start of the hurricane season last week as a selling point for moving the legislation swiftly.
“It’s a very important bill based on our experience, especially with hurricane season starting June 1 this year,” said the bill’s House sponsor, Rep. Bobby Jindal (R-La.).
Gun-rights strategists say they will easily garner enough votes to approve the federal measure, prompting critics to condemn what could result in the suspension of local gun-control laws and could make criminals of law-enforcement officials who confiscate abandoned weapons.
In the House, members of the Transportation and Infrastructure Committee, including ranking member Rep. Jim Oberstar (D-Minn.), approved the bill on a voice vote May 17.
“Oberstar is — and always has been — a supporter of gun owners’ rights, but he believes this bill does have some flaws,” Oberstar spokesman Jim Berard said. “He felt that the bill deserved more study, more debate than it received. … It wasn’t something that he supported enthusiastically.”
Committee member Rep. Jerrold Nadler (D-N.Y.) said he voted against the bill because it would allow gun owners to sue individual police officers themselves — rather than the government entities they represent — for improper confiscations. “The bill is insane. I don’t believe that we should tie the hands of cops and other law-enforcement personnel in disasters,” Nadler said. “The NRA is irrational, and so are the Republicans. … They’re robots and automatons when it comes to the NRA.” Nadler noted that the National Guard opposes the bill.
Jim Pasco, executive director of the Fraternal Order of Police said his group supports the bill "philosophically," though doesn’t know enough about the nuts and bolts of the bill to support it specifically.
Jindal said House leadership may include the measure in a Katrina-related package of bills expected for a floor vote in early June. The bill has 81 co-sponsors, including Majority Whip Roy Blunt (R-Mo.) and Chief Deputy Majority Whip Eric Cantor (R-Va.). Nine Democrats have signed on, including Energy and Commerce Committee ranking member John Dingell (D-Mich.).
“There’s very strong support for the legislation in both parties,” Jindal said. “The odds are … very good that it will pass the House and the Senate.”
Jindal said the bill would not create any new rights; rather, it would ensure current gun laws are not suspended during an emergency.
“Hurricanes shouldn’t be an excuse to break current laws,” Jindal said.
“When you’re in one of those tragic situations, when there’s no 911, it’s up to you to defend your life and the life of your family.”
Gun-control advocates say the post-Katrina problems were blown out of proportion and dismissed the push for legislation.
Joshua Horowitz, director of the Coalition to Stop Gun Violence, said there is a lack of evidence showing post-Katrina residents of New Orleans were under grave danger without their firearms.
“There’s been a lot of hyperbole on this,” Horowitz said. “There’s evidence that the police were doing their job. It’s not for a gun control group or the NRA to get in there and make decisions. I don’t know why we don’t trust law enforcement to do what’s right in these situations.”
Jindal said local law-enforcement officials advised residents to avoid returning home without a firearm after the hurricanes had hit. He said federal officials would able to impound weapons from a person committing a crime.
“If you’re about to throw a trash can into a store window, you’re probably a bad guy,” Jindal said. “Law enforcement can make that distinction. They do that every day.”
In the Senate, the confiscation ban introduced by Sen. David Vitter (R-La.), has nine conservative
Republican co-sponsors and has been in the Judiciary Committee since April.
A committee aide said Chairman Arlen Specter (R-Pa.), a supporter of gun rights, is reviewing the bill but does not have a hearing scheduled. |