Bill Details

HR.2039 - 119th Congress

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This bill would stop the President and the Secretary of Health and Human Services from using emergency powers to put in place gun control measures. It says these officials could not declare certain emergencies or public health emergencies for the purpose of limiting firearms rights. It also changes disaster law so federal emergency powers cannot be used to ban or restrict guns, ammunition, magazines, or firearm accessories.

  • It blocks the President from using the National Emergencies Act or the Stafford Disaster Act to impose gun control.
  • It blocks the Secretary of Health and Human Services from declaring a public health emergency to support gun control measures.
  • It adds new limits to disaster law so emergency declarations cannot be used to prohibit the possession, making, sale, or transfer of firearms, ammunition, ammunition feeding devices, or gun accessories.

Official Summaries

Protecting the Right to Keep and Bear Arms Act of 2025

This bill prohibits (1) the President or the Department of Health and Human Services from declaring emergencies or disasters for the purpose of imposing gun control; and (2) a federal officer or employee, or person operating under color of federal law or receiving federal funds, from banning the possession, manufacture, sale, or transfer of weapons to which the Second Amendment of the Constitution applies, ammunition, or firearm accessories while acting in support of relief from a major disaster or emergency.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2039 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 2039

    To prohibit the President and the Secretary of Health and Human 
   Services from declaring certain emergencies or disasters for the 
                    purpose of imposing gun control.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 2025

Mr. Cloud (for himself, Mr. Nehls, Mr. Finstad, Ms. Greene of Georgia, 
 Ms. De La Cruz, Mr. DesJarlais, Mr. Ogles, Ms. Tenney, Mr. Issa, Mr. 
 Wied, Mr. Rulli, Mr. LaMalfa, Mr. Higgins of Louisiana, Mr. Burlison, 
 Mr. Moolenaar, Mr. Tiffany, Mr. Weber of Texas, Mr. Perry, Mrs. Biggs 
 of South Carolina, Mr. Biggs of Arizona, Mr. Schmidt, Mr. Gooden, Mr. 
    Womack, and Mr. Onder) introduced the following bill; which was 
referred to the Committee on Transportation and Infrastructure, and in 
 addition to the Committee on Energy and Commerce, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To prohibit the President and the Secretary of Health and Human 
   Services from declaring certain emergencies or disasters for the 
                    purpose of imposing gun control.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting the Right to Keep and 
Bear Arms Act of 2025''.

SEC. 2. LIMITATION ON DECLARATIONS BY PRESIDENT.

    The President (or any designee thereof) shall not, for the purpose 
of imposing gun control, declare an emergency pursuant to the National 
Emergencies Act (50 U.S.C. 1601 et seq.) or an emergency or major 
disaster pursuant to the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.).

SEC. 3. LIMITATION ON DECLARATIONS BY HHS.

    The Secretary of Health and Human Services shall not, for the 
purpose of imposing gun control, declare a public health emergency 
pursuant to section 319 of the Public Health Service Act (42 U.S.C. 
247d).

SEC. 4. FIREARMS POLICIES.

    Section 706(a) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5207(a)) is amended--
            (1) in paragraph (3), by striking ``; or'' and inserting a 
        semicolon;
            (2) in paragraph (4), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(5) prohibit the possession, manufacture, sale, or 
        transfer of arms, as protected by the Second Amendment to the 
        Constitution of the United States;
            ``(6) prohibit the possession, manufacture, sale, or 
        transfer of ammunition;
            ``(7) prohibit the possession, manufacture, sale, or 
        transfer of ammunition feeding devices; or
            ``(8) prohibit the possession, manufacture, sale, or 
        transfer of firearms accessories.''.
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