II 

109TH CONGRESS 

2D SESSION S. 2599 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance 

Act to prohibit the confiscation of firearms during certain national emergencies. 

IN THE SENATE OF THE UNITED STATES 

APRIL 7, 2006 

Mr. VITTER (for himself, Mr. INHOFE, Mr. ENZI, Mr. SANTORUM, Mr. 

COBURN, Mrs. DOLE, and Mr. SUNUNU) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit the confiscation of firearms during certain national emergencies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disaster Recovery Per5 sonal Protection Act of 2006’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The Second Amendment to the Constitution 

9 of the United States states that, ‘‘A well regulated 


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1 Militia, being necessary to the security of a free 

2 State, the right of the people to keep and bear 

3 Arms, shall not be infringed.’’ and Congress has re4 peatedly recognized this language as protecting an 

5 individual right. 

6 (2) In the wake of Hurricane Katrina, State 

7 and local law enforcement and public safety service 

8 organizations were overwhelmed and could not fulfill 

9 the safety needs of the citizens of the State of Lou10 isiana. 

11 (3) In the wake of Hurricane Katrina, the safe12 ty of these citizens, and of their homes and property, 

13 was threatened by instances of criminal activity. 

14 (4) Many of these citizens lawfully kept fire15 arms for the safety of themselves, their loved ones, 

16 their businesses, and their property, as guaranteed 

17 by the Second Amendment, and used their firearms, 

18 individually or in concert with their neighbors, for 

19 protection against crime. 

20 (5) In the wake of Hurricane Katrina, certain 

21 agencies confiscated the firearms of these citizens, in 

22 contravention of the Second Amendment, depriving 

23 these citizens of the right to keep and bear arms and 

24 rendering them helpless against criminal activity. 


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1 (6) These confiscations were carried out at gun2 point, by nonconsensual entries into private homes, 

3 by traffic checkpoints, by stoppage of boats, and 

4 otherwise by force. 

5 (7) The citizens from whom firearms were con6 fiscated were either in their own homes or attempt7 ing to flee the flooding and devastation by means of 

8 motor vehicle or boat, and were accosted, stopped, 

9 and arbitrarily deprived of their private property and 

10 means of protection. 

11 (8) The means by which the confiscations were 

12 carried out, which included intrusion into the home, 

13 temporary detention of persons, and seizures of 

14 property, constituted unreasonable searches and sei15 zures and deprived these citizens of liberty and prop16 erty without due process of law in violation of funda17 mental rights under the Constitution of the United 

18 States. 

19 (9) Many citizens who took temporary refuge in 

20 emergency housing were prohibited from storing fire21 arms on the premises, and were thus treated as sec22 ond-class citizens who had forfeited their constitu23 tional right to keep and bear arms. 

24 (10) At least 1 highly-qualified search and res25 cue team was prevented from joining in relief efforts 


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1 because the team included individuals with firearms, 

2 although these individuals had been deputized as 

3 Federal law enforcement officers. 

4 (11) These confiscations and prohibitions, and 

5 the means by which they were carried out, deprived 

6 the citizens of Louisiana not only of their right to 

7 keep and bear arms, but also of their rights to per8 sonal security, personal liberty, and private property, 

9 all in violation of the Constitution and laws of the 

10 United States. 

11 SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS 

12 DURING CERTAIN NATIONAL EMERGENCIES. 

13 Title VII of the Robert T. Stafford Disaster Relief 

14 and Emergency Assistance Act (42 U.S.C. 5201 et seq.) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 706. FIREARMS POLICIES. 

17 ‘‘(a) PROHIBITION ON CONFISCATION OF FIRE18 ARMS.—No officer or employee of the United States (in19 cluding any member of the uniformed services), person op20 erating pursuant to or under color of Federal law, receiv21 ing Federal funds, under the control of any Federal offi22 cial, or providing services to such an officer, employee, or 

23 other person, while acting in support of relief from a major 

24 disaster or emergency, may— 


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1 ‘‘(1) temporarily or permanently seize, or au2 thorize seizure of, any firearm the possession of 

3 which is not prohibited under Federal or State law, 

4 other than for forfeiture in compliance with Federal 

5 law or as evidence in a criminal investigation; 

6 ‘‘(2) require the registration of any firearm for 

7 which registration is not required by Federal or 

8 State law; 

9 ‘‘(3) prohibit the possession of any firearm, or 

10 promulgate any rule, regulation, or order prohibiting 

11 the possession of any firearm, in any place or by any 

12 person where such possession is not otherwise pro13 hibited by Federal or State law; or 

14 ‘‘(4) prohibit the carrying of a firearm by any 

15 person otherwise authorized to carry firearms under 

16 Federal or State law, solely because such person is 

17 operating under the direction, control, or supervision 

18 of a Federal agency in support of relief from a 

19 major disaster or emergency. 

20 ‘‘(b) PRIVATE RIGHTS OF ACTION.— 

21 ‘‘(1) IN GENERAL.—Any individual aggrieved 

22 by a violation of this section may seek relief in an 

23 action at law, suit in equity, or other proper pro24 ceeding for redress against any person who subjects 

25 such individual, or causes such individual to be subVerDate Aug 31 2005 23:58 Apr 12, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2599.IS S2599

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1 jected, to the deprivation of any of the rights, privi2 leges, or immunities secured by this section. 

3 ‘‘(2) REMEDIES.—In addition to any existing 

4 remedy in law or equity, under any law, an indi5 vidual aggrieved by the seizure or confiscation of a 

6 firearm in violation of this section may bring an ac7 tion for the return of such firearm in the United 

8 States district court in the district in which that in9 dividual resides or in which such firearm may be 

10 found. 

11 ‘‘(3) ATTORNEY FEES.—In any action or pro12 ceeding to enforce this section, the court shall award 

13 the prevailing party, other than the United States, 

14 a reasonable attorney’s fee as part of the costs.’’. 

Æ 


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