Hoeven Joins Braun in Introducing Bill to Stop Biden from Imposing Gun Control through Public Health Emergency

WASHINGTON – Senator John Hoeven this week joined Senator Mike Braun in introducing the Protecting the Right to Keep and Bear Arms Act, legislation to prevent the President and the Secretary of Health and Human Services from declaring a public health emergency to impose gun control.

Earlier this month, the Governor of New Mexico instituted a public health emergency for the purposes of suspending the Second Amendment-protected carrying of firearms.

“The unconstitutional actions by the governor of New Mexico demonstrate a clear need for our legislation, which would protect the Second Amendment rights of law-abiding Americans and prevent the president and HHS Secretary from issuing a similar, overreaching public health emergency,” said Senator John Hoeven. 

“Many said that public health emergencies would not be abused to impose gun control, but after we saw the vast expansion of executive power during COVID and the New Mexico Governor use a public health emergency to effectively suspend the 2nd Amendment in her state, no one can doubt that this needs to be addressed,” said Senator Mike Braun. “We need to set into law that no one can remove the right to defend ourselves and our families with the stroke of a pen.”

The Protecting the Right to Protect and Bear Arms Act:

  • Prohibits the President or their designee, from declaring an emergency pursuant to the National Emergencies Act or major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act in order to impose gun control.
  • Prevents the Secretary of Health and Human Services from declaring a public health emergency pursuant to the Public Health Service Act for the purpose of imposing gun control.
  • Prevents any government official from prohibiting the manufacture, sale, or transfer of a firearm or ammunition during a disaster or emergency.

In addition to Hoeven and Braun, the Protecting the Right to Keep and Bear Arms Act is cosponsored by Senators Thom Tillis, Kevin Cramer, Jim Risch, Mike Crapo, Cynthia Lummis, Joni Ernst, Cindy Hyde-Smith, Steve Daines, Ted Budd, Roger Wicker, Rick Scott, Tom Cotton, Josh Hawley, John Thune, Mike Rounds, Markwayne Mullin, Ted Cruz and JD Vance.