H.R. 5013 Enactment of the ''Disaster Recovery Personal Protection Act''

[HumanVr4]

Does anyone know if this is a law or does it vary state by state? I tried to search about it but i keep on finding different answers.


This say it has not been signed in by the president or passed the senate yet.

http://www.govtrack.us/congress/bill.xpd?bill=h109-5013
http://www.volokh.com/posts/1153899155.shtml

This say it was.
http://www.thehighroad.org/showthread.php?t=230070&highlight=H.R.+5013

Enactment of the “Disaster Recovery Personal Protection Act.”
Within a year of Hurricane Katrina hitting the Gulf Coast, Congress passed the NRA-backed H.R. 5013, sponsored by Representative Bobby Jindal (R-La.), by an overwhelming 322-99 vote. This bill amended federal emergency laws to prohibit federal, state, and local authorities from confiscating lawfully-owned firearms during emergencies or disasters. Senator David Vitter’s (R-La.) amendment to prohibit the use of funds appropriated under the Homeland Security appropriations bill (H.R. 5441) for the confiscation of lawfully possessed firearms during an emergency or disaster passed the U.S. Senate by an historic 84-16 vote. The Jindal bill was substituted for the Vitter amendment in the conference committee and President Bush signed it into law on October 4.


Thanks for any help you can give
Jerry

 

[FuzzyBunny]

bump

 

[burningsquirrels]

http://en.wikipedia.org/wiki/Disaster_Recovery_Personal_Protection_Act_of_2006

does this answer it for you?

 

[HumanVr4]

No not really cause cause anyone can post something in the wikipedia.org. But since you posted that, I guess you are saying yes the law passed, and the President signed it into law. Does anyone know where I can read what it law says?

I think this is it. But I don't understand what it means by ''None of the funds appropriated by this Act may be used'' So it saying I think, That anyone coming to help the state IE National Guard or anyone else they send, that are not on the state payroll can't take your guns but the local police/sheriff can?

SEC. 540. PROHIBITION ON CONFISCATION OF FIREARMS.
None of the funds appropriated by this Act may be used to temporarily or permanently seize any firearm during an emergency or major disaster (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) if the possession of such firearm is not prohibited under Federal or State law, other than for forfeiture in compliance with Federal or State law or as evidence in a criminal investigation.

 

[burningsquirrels]

interesting point...

 

[riverdog]

Yes, but all HumanVr4 needed to do was follow the links in the Wiki article and he could have found PUBLIC LAW 109–295—OCT. 4, 2006, where in he could have read:

‘‘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), 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—. . .

, which would have answered the question. Butr he didn't, instead choosing to require others to spoon feed him. Nothing new here.

 

[burningsquirrels]

but... there's a difference between federal and state, isn't there? i think that's what the confusion is about now. federal, like the national guardsmen and army, and federal officers like the fbi or fema are covered... but the local and state governments get their monies from state monies, not federal monies...? i may be wrong...

 

[riverdog]

". . .No officer or employee of the United States (including any member of the uniformed services), or person operating pursuant to or under color of Federal law, or receiving Federal funds, . . . " If FEMA is involved at all, those local and state guys are probably covered by this law.

 

[HumanVr4]

Riverdog

which would have answered the question. Butr he didn't, instead choosing to require others to spoon feed him. Nothing new here.

Thanks so much Riverdog, for taking the time out of your 1587 posts to spoon feed me.

This is why I hate asking for help/information on forum cause someone is always a smart ass. You would think that the more people THR has the better it would be, also you would think that the more RIGHT information people know the better off we would be, but how does anyone know everything? well no one does, they search and ask, well I did a Search and I could not find what I needed, so next step was to ask, And I guess I offended you because I did not click on a link in the Wikipedia. Well I did not force you to point it out so maybe you should of not offered me any help.

You know I am a member of about 15 forums and I hate people asking stupid question or question that have already been answer, but I did search on THR for ''Disaster Recovery Personal Protection Act'' and ''H.R. 5013'' Also I spend about a hr or so search Google for the answer, as you can see from the links I posted so how is that asking to be ''spoon feed'' Please enlighten me on this if you would grace me with your presence once again.

and as a added bonus you will get one more post count, so you can seem better then me.

 

[riverdog]

I was merely responding to "No not really cause cause anyone can post something in the wikipedia.org. . . .". Your initial question was good, but the wiki link given to you as an answer had some good info and great links for reference. You didn't offend me, but you did disregard good info put before you. Following the links from wiki is how I found the source document, something you could have done. No harm, I found the links very informative.

 

[HumanVr4]

I did read the info posted in the Wikipedia.org, twice now, and I still cant find the link that gets you to that page.
I must be missing something?

Its hard to interpret how someone is coming off in a forum, I took your first post as you trying to be a smart ass, and I apologize for that.

 

[det.pat]

means that federal JBT's can only steal your property if the weather is nice!

 

[riverdog]

Just a second and I'll do it again. . .
Go to the wiki page and click the link in reference 4 to go to Thomas
Then a few lines down you'll see "Latest Major Action: Became Public Law No: 109-295 [GPO: Text, PDF]" Click on PDF takes you to a Library of Congress page where you should click Continue: to GPO Site which takes you to the pdf file to read or download.

 

[kurtmax]

Almost every police department in the country is receiving some sort of Federal funding.

 

[Eightball]

I wonder if there's a database somewhere which allows you to see which agencies are receiving funds, like a state-by-state breakdown.

I'm fairly certain KY already has an "anti-confiscation" law on the books (correct me if I"m wrong), but could someone not use this law to sue, say, CA or IL should they get their legally-owned firearms confiscated, on the basis that the state or agency receives federal funding?