Second Amendment is Essential Act

Floor Speech

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Mr. NEWHOUSE. Madam Speaker, it is always unconstitutional for government to restrict the rights of law-abiding gun owners, but to do so in the midst of a crisis is especially unconscionable.

Unfortunately, Governors across the country, including Washington's Jay Inslee, has used the COVID-19 pandemic as justification to disregard the Founders' intent to preserve this right, excluding those in the firearms industry from essential worker designations.

Denying Federal firearms licensees the ability to operate under essential worker designations not only infringes on the Second Amendment rights of Americans, but also recklessly ties the hands of our law enforcement officers who require access to these tools to ensure the safety of our communities.

The Homeland Security Act of 2002 establishes guidelines for States regarding who should constitute critical infrastructure workers in the event of a natural disaster, an act of terrorism, or other man-made disaster.

Throughout the COVID-19 pandemic, we have often referred to these individuals as ``essential workers.'' Likewise, the USA Patriot Act defines critical infrastructure as systems and assets so vital to the United States that the incapacity or destruction of such system and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

The Founders were clear in their drafting of the Second Amendment that the right to bear arms is necessary to the security of a free State. In other words, the Second Amendment is essential to our system of government.

While essential worker designations have been arbitrarily decided and enforced from the outset, forcibly shutting the doors of those who enabled Americans to exercise their Second Amendment rights is obviously motivated by a radical anti-gun agenda.

There is no question that the firearms industry is vital to the security of the American people. The rights of Americans, including the rights to keep and bear arms, are no less essential during a state of emergency. In fact, the right to defend one's self and one's home is most essential during a state of emergency. States of emergency merit our heightened vigilance to protect against unnecessary and unconstitutional government outreach.

In 2020, Americans sought to exercise their Second Amendment right so they could have peace of mind during a turbulent time. As demand rose, Americans faced delays due to the unconstitutional shutdowns imposed by Governors across the country.

That is why I introduced the Second Amendment is Essential Act. This legislation protects law-abiding citizens' ability to exercise their Second Amendment rights and prevents future anti-gun restrictions that restrict lawful access to firearms in times of emergency.

This act will classify, by law, the firearms industry as a critical infrastructure sector and those it employs as essential workers by amending the Homeland Security Act of 2002, and the USA Patriot Act of 2001.

Firearms manufacturers and dealers should not be forcibly closed by government in a time when demand for their products is high, and law-abiding citizens should never have any of their constitutional rights restricted.

This legislation will ensure the Second Amendment can be freely enjoyed by Americans when they need it most: in times of crisis.

Madam Speaker, I urge my colleagues to join me in supporting this legislation and ensuring that the constitutional rights of our fellow Americans are protected.

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