IB 
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 emer-
gencies. 
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. MAN-
ZULLO, 
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 Okla-
homa, 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. WESTMORE-
LAND, Mr. SODREL, Mr. RAHALL, Mr. HERGER, Mr. SHERWOOD, Mr. 
CHABOT, Mr. BONNER, Mr. BURTON of Indiana, Mr. GINGREY, Mr. BAR-
ROW, Mr. ALEXANDER, Mr. YOUNG of Alaska, Mrs. CAPITO, Mr. WICK-
ER, 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. PICK-
ERING, 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. 
VerDate Aug 31 2005 
01:24 Jul 26, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H5013.RH
H5013
ccoleman on PROD1PC71 with BILLS
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 Min-
nesota, Mrs. BLACKBURN, Mr. ROGERS of Michigan, Mr. BRADLEY of 
New Hampshire, Mr. CRAMER, Mr. STRICKLAND, Mr. JOHNSON of Illi-
nois, 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. PUT-
NAM, 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. ROHR-
ABACHER, 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 Emer-
gency Assistance Act to prohibit the confiscation of fire-
arms during certain national emergencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Disaster Recovery Per-
sonal Protection Act of 2006’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Aug 31 2005 
01:24 Jul 26, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5013.RH
H5013
ccoleman on PROD1PC71 with BILLS
(1) The Second Amendment to the Constitution 
states, ‘‘A well regulated militia being necessary to 
the security of a free State, the right of the people 
to keep and bear arms, shall not be infringed,’’ and 
Congress has repeatedly recognized this language as 
protecting an individual right. 
(2) In the wake of Hurricane Katrina, State 
and local law enforcement and public safety service 
organizations were overwhelmed and could not fulfill 
the safety needs of the citizens of the State of Lou-
isiana. 
(3) In the wake of Hurricane Katrina, the safe-
ty of these citizens, and of their homes and property, 
was threatened by instances of criminal activity. 
(4) Many of these citizens lawfully kept fire-
arms for the safety of themselves, their loved ones, 
their businesses, and their property, as guaranteed 
by the Second Amendment, and used their firearms, 
individually or in concert with their neighbors, for 
protection against crime. 
(5) In the wake of Hurricane Katrina, certain 
agencies confiscated the firearms of these citizens, in 
contravention of the Second Amendment, depriving 
these citizens of the right to keep and bear arms and 
rendering them helpless against criminal activity. 
VerDate Aug 31 2005 
01:24 Jul 26, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5013.RH
H5013
ccoleman on PROD1PC71 with BILLS
(6) These confiscations were carried out at gun-
point, by nonconsensual entries into private homes, 
by traffic checkpoints, by stoppage of boats, and 
otherwise by force. 
(7) The citizens from whom firearms were con-
fiscated were either in their own homes or attempt-
ing to flee the flooding and devastation by means of 
motor vehicle or boat, and were accosted, stopped, 
and arbitrarily deprived of their private property and 
means of protection. 
(8) The means by which the confiscations were 
carried out, which included intrusion into the home, 
temporary detention of persons, and seizures of 
property, constituted unreasonable searches and sei-
zures and deprived these citizens of liberty and prop-
erty without due process of law in violation of funda-
mental rights under the Constitution. 
(9) Many citizens who took temporary refuge in 
emergency housing were prohibited from storing fire-
arms on the premises, and were thus treated as sec-
ond-class citizens who had forfeited their constitu-
tional right to keep and bear arms. 
(10) At least one highly-qualified search and 
rescue team was prevented from joining in relief ef-
forts because the team included individuals with fire-
VerDate Aug 31 2005 
01:24 Jul 26, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5013.RH
H5013
ccoleman on PROD1PC71 with BILLS
arms, although these individuals had been deputized 
as Federal law enforcement officers. 
(11) These confiscations and prohibitions, and 
the means by which they were carried out, deprived 
the citizens of Louisiana not only of their right to 
keep and bear arms, but also of their rights to per-
sonal security, personal liberty, and private property, 
all in violation of the Constitution and laws of the 
United States. 
SEC. 3. PROHIBITION ON CONFISCATION OF FIREARMS 
DURING CERTAIN NATIONAL EMERGENCIES. 
Title VII of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5201) is 
amended by adding at the end the following: 
‘‘SEC. 706. FIREARMS POLICIES. 
‘‘(a) PROHIBITION
ON CONFISCATION
OF FIRE-
ARMS.—No officer or employee of the United States (in-
cluding any member of the uniformed services), or person 
operating pursuant to or under color of Federal law, or 
receiving Federal funds, or under control of any Federal 
official, or providing services to such an officer, employee, 
or other person, while acting in support of relief from a 
major disaster or emergency, may— 
‘‘(1) temporarily or permanently seize, or au-
thorize seizure of, any firearm the possession of 
VerDate Aug 31 2005 
01:24 Jul 26, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5013.RH
H5013
ccoleman on PROD1PC71 with BILLS
which is not prohibited under Federal or State law, 
other than for forfeiture in compliance with Federal 
law or as evidence in a criminal investigation; 
‘‘(2) require registration of any firearm for 
which registration is not required by Federal or 
State law; 
‘‘(3) prohibit possession of any firearm, or pro-
mulgate any rule, regulation, or order prohibiting 
possession of any firearm, in any place or by any 
person where such possession is not otherwise pro-
hibited by Federal or State law; or 
‘‘(4) prohibit the carrying of firearms by any 
person otherwise authorized to carry firearms under 
Federal or State law, solely because such person is 
operating under the direction, control, or supervision 
of a Federal agency in support of relief from a 
major disaster or emergency. 
‘‘(b) PRIVATE RIGHTS OF ACTION.— 
‘‘(1) IN
GENERAL.—Any individual aggrieved 
by a violation of this section may seek relief in an 
action at law, suit in equity, or other proper pro-
ceeding for redress against any person who subjects 
such individual, or causes such individual to be sub-
jected, to the deprivation of any of the rights, privi-
leges, or immunities secured by this section. 
VerDate Aug 31 2005 
01:24 Jul 26, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5013.RH
H5013
ccoleman on PROD1PC71 with BILLS
‘‘(2) REMEDIES.—In addition to any existing 
remedy in law or equity, under any law, an indi-
vidual aggrieved by the seizure or confiscation of a 
firearm in violation of this section may bring an ac-
tion for return of such firearm in the United States 
district court in the district in which that individual 
resides or in which such firearm may be found. 
‘‘(3) ATTORNEY FEES.—In any action or pro-
ceeding to enforce this section, the court shall award 
the prevailing party, other than the United States, 
a reasonable attorney’s fee as part of the costs.’’. 
VerDate Aug 31 2005 
01:24 Jul 26, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5013.RH
H5013
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 
and Emergency Assistance Act to prohibit the 
confiscation of firearms during certain national 
emergencies. 
JULY 25, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Aug 31 2005 
01:24 Jul 26, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6651
Sfmt 6651
E:\BILLS\H5013.RH
H5013
ccoleman on PROD1PC71 with BILLS