[Congressional Record Volume 167, Number 112 (Monday, June 28, 2021)]
[House]
[Pages H3162-H3163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   SECOND AMENDMENT IS ESSENTIAL ACT

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Washington (Mr. Newhouse) for 5 minutes.
  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

[[Page H3163]]

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.

                          ____________________