This bill, which was signed into law october 4, 2006, is needed even in states that have made it illegal for police to confiscate guns during emergencies. It is needed because prosecutors almost never charge police for breaking the law. A civil suit for damages as called for in Sen. Vitter's bill would be brought against the individual officer. He would not have his attorney fees paid by the taxpayer, nor any settlement imposed. It would all come out of his personal pocket. This is much more likely to deter gun confiscation than just making it illegal (although that, too, needs to be done). Federal law can only reach federal police. States must act to deal with non-federal police officers.
(Introduced in Senate)
S 2599 IS
109th CONGRESS
2d Session
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.
/ Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,/
SECTION 1. SHORT TITLE.
This Act may be cited as the `Disaster Recovery Personal
Protection Act of 2006'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The Second Amendment to the Constitution of the United
States states that, `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 Louisiana.
(3) In the wake of Hurricane Katrina, the safety of these
citizens, and of their homes and property, was threatened by
instances of criminal activity.
(4) Many of these citizens lawfully kept firearms 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.
(6) These confiscations were carried out at gunpoint, by
nonconsensual entries into private homes, by traffic
checkpoints, by stoppage of boats, and otherwise by force.
(7) The citizens from whom firearms were confiscated were
either in their own homes or attempting 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 seizures and deprived these
citizens of liberty and property without due process of law
in violation of fundamental rights under the Constitution of
the United States.
(9) Many citizens who took temporary refuge in emergency
housing were prohibited from storing firearms on the
premises, and were thus treated as second-class citizens who
had forfeited their constitutional right to keep and bear arms.
(10) At least 1 highly-qualified search and rescue team was
prevented from joining in relief efforts because the team
included individuals with firearms, 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 personal 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 et seq.) is amended by adding at
the end the following:
`SEC. 706. FIREARMS POLICIES.
`(a) Prohibition on Confiscation of Firearms- No officer or
employee of the United States (including any member of the
uniformed services), person operating pursuant to or under color
of Federal law, receiving Federal funds, under the 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 authorize seizure
of, any firearm the possession of 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 the registration of any firearm for which
registration is not required by Federal or State law;
`(3) prohibit the possession of any firearm, or promulgate
any rule, regulation, or order prohibiting the possession of
any firearm, in any place or by any person where such
possession is not otherwise prohibited by Federal or State
law; or
`(4) prohibit the carrying of a firearm 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 proceeding for redress against any
person who subjects such individual, or causes such
individual to be subjected, to the deprivation of any of the
rights, privileges, or immunities secured by this section.
`(2) REMEDIES- In addition to any existing remedy in law or
equity, under any law, an individual aggrieved by the
seizure or confiscation of a firearm in violation of this
section may bring an action for the 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 proceeding 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.'.