Republican U.S. Representative Michael Cloud of Texas has introduced a new piece of legislation called the “Protecting the Right to Keep and Bear Arms Act,” which aims to block the federal government from using declared emergencies – particularly public health emergencies – as a way to justify gun control measures. In a press release posted on his website, Cloud stated that the bill is designed to ensure that neither the president nor the Secretary of Health and Human Services can use emergency declarations to impose unconstitutional restrictions on law-abiding gun owners.
As reported by Debra McClure of the Texas Scorecard, this legislation, formally known as H.R. 2039, comes in direct response to a controversial 2024 advisory by former Biden administration Surgeon General Vivek Murthy. That advisory labeled gun violence a “public health crisis,” which Cloud and other gun rights advocates saw as a veiled attempt to open the door to sweeping restrictions on Second Amendment freedoms.
Cloud’s Response to Emergency Power Abuses
Cloud emphasized the need for this bill by pointing to the overreach seen during the COVID-19 pandemic. “We saw during COVID how government agencies exploited emergency powers to strip Americans of their freedoms – including attempts to use public health declarations as a tool for sweeping mandates and restrictions,” Cloud stated in his release. His office added that such moves could lead to public carry bans, confiscation of firearms, magazine restrictions, and even a national gun registry.
The goal of the legislation, according to Cloud, is to put up permanent guardrails against these types of abuses. He stated that this is a “window of opportunity to re-secure these rights for the American people.” As of now, the bill awaits action from both the House Committee on Transportation and Infrastructure and the Committee on Energy and Commerce.
Support From Gun Rights Organizations
Cloud’s legislation has received vocal support from key gun rights organizations. Aidan Johnston, Director of Federal Affairs for Gun Owners of America (GOA), warned of the dangerous precedent set by emergency declarations being used as tools to suspend constitutional rights. “Gun owners will never forget the countless ways their rights were infringed by COVID-related lockdowns,” Johnston said, adding that Congress has a duty to “protect the Second Amendment from these grievous abuses of power.”
Hunter King, Director of Political Affairs for the National Association of Gun Rights (NAGR), echoed this sentiment. He called the 2024 Surgeon General advisory a “calculated ploy” and praised Cloud’s bill as “necessary to stop the collusion between a gun grabbing executive branch and their bureaucratic counterparts.”
Media Coverage Highlights the Political Stakes
Brandon Waltens of the Texas Scorecard broke down the significance of the bill in a recent Daily Headlines video. He noted that H.R. 2039 is not just a standalone effort, but part of a broader response to the Biden administration’s previous tactics. Waltens pointed out that Cloud’s bill reinforces President Trump’s February 2025 executive order, which similarly prohibits the federal government from infringing on Second Amendment rights under the guise of emergency declarations.
Waltens described the bill as a necessary tool to “block government overreach,” especially given the apparent willingness of public health authorities to use emergencies as justification for policy changes that directly affect gun owners.
Liberty Doll Offers a Grassroots Perspective
Gun rights YouTuber Liberty Doll provided a strong grassroots commentary on the bill in a recent video titled “Bill To Stop Gun Control During Emergencies.” She traced concerns about federal overreach back to events like Hurricane Katrina and the COVID lockdowns. In both instances, she noted, authorities either attempted or succeeded in curtailing Second Amendment rights.
Referring to the 2024 “public health crisis” advisory from Dr. Murthy, Liberty Doll highlighted the flawed data used to support it—including the now widely debunked claim that gun violence is the leading cause of death among children. She also reminded viewers of the very real risks that come during emergencies, when law-abiding citizens are most in need of self-defense tools. “Criminals will always take advantage of the chaos,” she said.
A Legislative Pattern Emerges
Liberty Doll also pointed out that this isn’t the first time Cloud has introduced this type of legislation. Versions of the bill were also introduced in 2021 and 2023, largely in response to overreach during the pandemic and emergency orders like the one issued by the governor of New Mexico to suspend open and concealed carry in Albuquerque. While those earlier versions failed under a Democrat-controlled Congress, the current political climate may give this renewed effort a stronger chance of success.
She noted that the new Congress and Trump’s presence in the White House could tip the scales. “Our best shot is now,” she said, encouraging her audience to keep the pressure on lawmakers and support bills like Cloud’s.
What the Bill Actually Does
Although the full 2025 text is not yet available, prior versions of the legislation are very clear in their language. According to Liberty Doll’s breakdown, the 2023 version explicitly prohibited both the president and the Secretary of Health and Human Services from declaring national emergencies or public health emergencies for the purpose of imposing gun control. It also prohibited the federal government from restricting the possession, manufacturing, sale, or transfer of firearms, ammunition, magazines, and accessories during such emergencies.
In short, the bill seeks to cut off any pathway for emergency declarations to be used as a workaround to bypass standard legislative processes and constitutional protections.
Cloud Taps Into Broader Second Amendment Momentum
This bill also fits into a larger wave of Second Amendment actions coming from the current administration. In February 2025, President Trump issued an executive order defending gun rights. Around the same time, the Department of Justice began pulling back ATF powers and transferring certain authorities to DOJ leadership, including decisions related to firearm rights restoration. These moves signal a broader reining in of federal agencies that, under the Biden administration, were often accused of being hostile to gun owners.
Cloud’s bill complements that trend, aiming to permanently limit the power of unelected bureaucrats to act against lawful gun owners in times of perceived crisis.
A Reminder of What’s at Stake
Cloud’s warning echoes what many gun owners have been saying for years. “The federal bureaucracy has made it clear they will seize any opportunity to expand their control at the expense of our liberties,” he said in his official release. This isn’t hypothetical; it’s based on what already happened during COVID – when some states tried to shut down gun shops, delay permit processing, and ban public carry altogether.
These past examples serve as more than talking points—they’re blueprints for future action if Congress doesn’t step in and set clear boundaries.
Public Support May Prove Crucial
While the bill enjoys support among pro-gun lawmakers and organizations, its ultimate success could depend on the pressure applied by voters. As Liberty Doll mentioned in her video, some gun store owners and FFLs stood up against unconstitutional orders during lockdowns, sometimes at great personal and legal risk. Codifying their fight into law could ensure that future administrations don’t push the envelope even further.
If passed, H.R. 2039 would send a strong signal that Americans are unwilling to trade liberty for perceived safety – especially during emergencies, when rights are needed most.
Protecting Rights in Times of Crisis
The “Protecting the Right to Keep and Bear Arms Act” may not make headlines in every major outlet, but its implications are profound. As Brandon Waltens of Texas Scorecard put it, this is about ensuring that “no administration” can weaponize emergencies to curtail fundamental freedoms. Liberty Doll put it more plainly: “Times of emergency are when you want a gun the most.”
With this legislation, Congressman Cloud and his allies are laying down a marker—one that says the Constitution doesn’t come with an asterisk for emergencies. And in today’s political climate, that message might finally have a fighting chance of becoming law.
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.