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Union Calendar No. 346 

109TH CONGRESS 

2D SESSION H. R. 5013 

[Report No. 109–596] 

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

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

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2006 

Mr. JINDAL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

JULY 25, 2006 

Additional sponsors: Mr. POE, Mrs. MILLER of Michigan, Mrs. MUSGRAVE, 

Mr. BOUCHER, Mr. ROGERS of Alabama, Mr. BISHOP of Utah, Mr. 

HENSARLING, Mr. WILSON of South Carolina, Mr. GUTKNECHT, Mr. 

DOOLITTLE, Mr. WELDON of Florida, Mr. KUHL of New York, Mr. MANZULLO, Mr. CULBERSON, Mr. BEAUPREZ, Mr. PEARCE, Mr. 

NEUGEBAUER, Mr. WAMP, Mr. KLINE, Mr. RYAN of Wisconsin, Mr. 

KING of Iowa, Mr. PENCE, Mr. KINGSTON, Mrs. MYRICK, Mr. 

MARCHANT, Mr. FRANKS of Arizona, Mr. FEENEY, Mr. COLE of Oklahoma, Mr. CANTOR, Mr. CHOCOLA, Mr. CONAWAY, Mr. HOSTETTLER, 

Mr. PRICE of Georgia, Mr. AKIN, Mr. MCCAUL of Texas, Mrs. SCHMIDT, 

Ms. GINNY BROWN-WAITE of Florida, Mr. SCHWARZ of Michigan, Mr. 

HAYES, Mr. ADERHOLT, Mr. MCHENRY, Mr. DINGELL, Mr. WESTMORELAND, Mr. SODREL, Mr. RAHALL, Mr. HERGER, Mr. SHERWOOD, Mr. 

CHABOT, Mr. BONNER, Mr. BURTON of Indiana, Mr. GINGREY, Mr. BARROW, Mr. ALEXANDER, Mr. YOUNG of Alaska, Mrs. CAPITO, Mr. WICKER, Mr. ISTOOK, Ms. FOXX, Mr. PETERSON of Minnesota, Mr. BAKER, 

Mr. SOUDER, Mr. BROWN of South Carolina, Mr. MACK, Mr. CARTER, 

Mr. DELAY, Mr. BOUSTANY, Mr. SALAZAR, Mr. MCCRERY, Mr. PICKERING, Mr. NEY, Mr. HOLDEN, Mr. STEARNS, Mr. SESSIONS, Mr. MARIO

DIAZ-BALART of Florida, Mr. GARRETT of New Jersey, Mr. DAVIS of 

Tennessee, Mr. GOODE, Mr. BLUNT, Mr. BASS, Mr. MATHESON, Mr. 

SHADEGG, Mr. EDWARDS, Mr. BOREN, Mr. JENKINS, Mr. CANNON, Mr. 

BARRETT of South Carolina, Ms. HARRIS, Mr. BISHOP of Georgia, Mr. 


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GENE GREEN of Texas, Mr. KELLER, Mr. TANCREDO, Mr. DAVIS of 

Kentucky, Mr. BARTON of Texas, Ms. GRANGER, Mr. HULSHOF, Mr. 

RYUN of Kansas, Mrs. DRAKE, Mrs. EMERSON, Mr. BOYD, Mr. 

GALLEGLY, Mr. MILLER of Florida, Mr. LINDER, Mr. KENNEDY of Minnesota, Mrs. BLACKBURN, Mr. ROGERS of Michigan, Mr. BRADLEY of 

New Hampshire, Mr. CRAMER, Mr. STRICKLAND, Mr. JOHNSON of Illinois, Mr. NORWOOD, Ms. PRYCE of Ohio, Mr. BERRY, Mr. REYNOLDS, 

Mr. MICHAUD, Mr. ENGLISH of Pennsylvania, Mr. BILIRAKIS, Mr. 

GOHMERT, Mr. PETERSON of Pennsylvania, Mr. TERRY, Mr. DEAL of 

Georgia, Mr. HALL, Mr. OTTER, Mr. LARSEN of Washington, Mr. 

POMBO, Mr. PAUL, Mr. ROSS, Mr. DUNCAN, Mr. LUCAS, Mr. MELANCON, 

Mr. BONILLA, Mrs. CUBIN, Mr. MURPHY, Mr. SMITH of Texas, Mr. PUTNAM, Mr. SIMPSON, Mr. CALVERT, Ms. HART, Mr. GREEN of Wisconsin, 

Mr. BOOZMAN, Mr. THORNBERRY, Mr. REHBERG, Mr. HAYWORTH, Mr. 

LATHAM, Mr. SAM JOHNSON of Texas, Mr. FORTENBERRY, Mr. ROHRABACHER, Mr. GARY G. MILLER of California, Mr. DENT, Mr. RENZI, 

Mr. CAMPBELL of California, Mr. MURTHA, Mr. HEFLEY, Mr. WELDON

of Pennsylvania, and Mr. PITTS

JULY 25, 2006 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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: 


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1 (1) The Second Amendment to the Constitution 

2 states, ‘‘A well regulated militia being necessary to 

3 the security of a free State, the right of the people 

4 to keep and bear arms, shall not be infringed,’’ and 

5 Congress has repeatedly recognized this language as 

6 protecting an individual right. 

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

8 and local law enforcement and public safety service 

9 organizations were overwhelmed and could not fulfill 

10 the safety needs of the citizens of the State of Lou11 isiana. 

12 (3) In the wake of Hurricane Katrina, the safe13 ty of these citizens, and of their homes and property, 

14 was threatened by instances of criminal activity. 

15 (4) Many of these citizens lawfully kept fire16 arms for the safety of themselves, their loved ones, 

17 their businesses, and their property, as guaranteed 

18 by the Second Amendment, and used their firearms, 

19 individually or in concert with their neighbors, for 

20 protection against crime. 

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

22 agencies confiscated the firearms of these citizens, in 

23 contravention of the Second Amendment, depriving 

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

25 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. 

18 (9) Many citizens who took temporary refuge in 

19 emergency housing were prohibited from storing fire20 arms on the premises, and were thus treated as sec21 ond-class citizens who had forfeited their constitu22 tional right to keep and bear arms. 

23 (10) At least one highly-qualified search and 

24 rescue team was prevented from joining in relief ef25 forts because the team included individuals with fireVerDate Aug 31 2005 01:24 Jul 26, 2006 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5013.RH H5013

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1 arms, although these individuals had been deputized 

2 as Federal law enforcement officers. 

3 (11) These confiscations and prohibitions, and 

4 the means by which they were carried out, deprived 

5 the citizens of Louisiana not only of their right to 

6 keep and bear arms, but also of their rights to per7 sonal security, personal liberty, and private property, 

8 all in violation of the Constitution and laws of the 

9 United States. 

10 SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS 

11 DURING CERTAIN NATIONAL EMERGENCIES. 

12 Title VII of the Robert T. Stafford Disaster Relief 

13 and Emergency Assistance Act (42 U.S.C. 5201) is 

14 amended by adding at the end the following: 

15 ‘‘SEC. 706. FIREARMS POLICIES. 

16 ‘‘(a) PROHIBITION ON CONFISCATION OF FIRE17 ARMS.—No officer or employee of the United States (in18 cluding any member of the uniformed services), or person 

19 operating pursuant to or under color of Federal law, or 

20 receiving Federal funds, or under control of any Federal 

21 official, or providing services to such an officer, employee, 

22 or other person, while acting in support of relief from a 

23 major disaster or emergency, may— 

24 ‘‘(1) temporarily or permanently seize, or au25 thorize seizure of, any firearm the possession of 


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1 which is not prohibited under Federal or State law, 

2 other than for forfeiture in compliance with Federal 

3 law or as evidence in a criminal investigation; 

4 ‘‘(2) require registration of any firearm for 

5 which registration is not required by Federal or 

6 State law; 

7 ‘‘(3) prohibit possession of any firearm, or pro8 mulgate any rule, regulation, or order prohibiting 

9 possession of any firearm, in any place or by any 

10 person where such possession is not otherwise pro11 hibited by Federal or State law; or 

12 ‘‘(4) prohibit the carrying of firearms by any 

13 person otherwise authorized to carry firearms under 

14 Federal or State law, solely because such person is 

15 operating under the direction, control, or supervision 

16 of a Federal agency in support of relief from a 

17 major disaster or emergency. 

18 ‘‘(b) PRIVATE RIGHTS OF ACTION.— 

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

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

21 action at law, suit in equity, or other proper pro22 ceeding for redress against any person who subjects 

23 such individual, or causes such individual to be sub24 jected, to the deprivation of any of the rights, privi25 leges, or immunities secured by this section. 


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

2 remedy in law or equity, under any law, an indi3 vidual aggrieved by the seizure or confiscation of a 

4 firearm in violation of this section may bring an ac5 tion for return of such firearm in the United States 

6 district court in the district in which that individual 

7 resides or in which such firearm may be found. 

8 ‘‘(3) ATTORNEY FEES.—In any action or pro9 ceeding to enforce this section, the court shall award 

10 the prevailing party, other than the United States, 

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


ccoleman on PROD1PC71 with BILLS
Union Calendar No. 346 

109TH CONGRESS 

2D SESSION H. R. 5013 

[Report No. 109

–596] 

A BILL 

To amend the Robert T. Stafford Disaster Relief 

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

JULY 25, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


ccoleman on PROD1PC71 with BILLS