Josh's Weblog: Vitter Amendment A Big Victory?

Vitter Amendment A Big Victory?

Various gun rights organizations have credited an amendment to the 2007 Department of Homeland Security Appropriations Act (HR 5441) as a great victory for gun rights. On first blush it may be, at least, a concession to law-abiding gun owners' need to defend themselves in a crisis.

Here's the amendment (SA 4615):

SEC. 540. PROHIBITION ON CONFISCATION OF FIREARMS.

None of the funds appropriated by this Act may be used to temporarily or permanently seize any firearm during an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) if the possession of such firearm is not prohibited under Federal or State law, other than for forfeiture in compliance with Federal or State law or as evidence in a criminal investigation.

So, this is a form of pre-emption. Your local tin pot Mayor can't order the cops to take your guns just because the fit hit the shan. However, this amendment only removes federal funding for disaster workers confiscating guns, and the States can make their own laws in this regard and get the money then, so is this really a victory?

Josh Poulson

Posted Saturday, Jul 15 2006 12:14 PM