House Approves Blocking Police from Seizing Legal Guns During Disasters

[TheFederalistWeasel]

House Approves Blocking Police from Seizing Legal Guns During Disasters


The House voted Tuesday to prevent law enforcement officers from confiscating legally owned guns during a national disaster or emergency.

Republican Rep. Bobby Jindal, the Louisiana lawmaker who sponsored the bill, said firearms seizures after Hurricane Katrina left residents unable to defend themselves.

"Many of them were sitting in their homes without power, without water, without communication," he said. "It was literally impossible to pick up a phone and call 911."

The House voted 322-99 in support of the bill. Senators voted 84-16 earlier this month to include a similar prohibition in a homeland security funding bill.

The limitation would apply to federal law enforcement or military officers, along with local police that receive federal funds.

Rep. Jerrold Nadler, D-N.Y., repeatedly called the bill "insane."

He and some Democrats said the bill might satisfy the gun lobby, but it would put people into more danger during already perilous disasters.

"The streets of an American city immediately after a disaster are no place to abandon common sense," said Rep. Carolyn McCarthy, D-N.Y.

The Fraternal Order of Police endorsed the measure. In a letter to Jindal, National President Chuck Canterbury said law enforcement officials concentrate on search and rescue during major disasters, and breakdowns in communications and transportation can lengthen police response times to calls.

"A law-abiding citizen who possesses a firearm lawfully represents no danger to law enforcement officers or any other first responder," Canterbury wrote.

The National Rifle Association also supported the bill and has been asking police chiefs and mayors to pledge they will not forcibly disarm law-abiding citizens.

Jindal said the bill does not inhibit police from enforcing gun laws, nor does it overwrite state and local laws prohibiting people from bringing guns into shelters.

Nadler said the bill would prevent police from pickup up guns that could be seized by looters. Police and other law enforcement officials could face a personal lawsuit for picking up guns they later found to be legally owned, he said.

The bill allows the Coast Guard to require that people surrender their weapons before boarding a rescue vehicle.

___

Information on the bill, H.R. 5013, can be found at http://thomas.loc.gov/.

 

[jcb]

This has been discussed all over the place. Please read the bill carefully. It doesen't prevent a darn thing!!! All it does is stop the use of federal funds from being used to conficate firearms (legal ones). Gosh! Can't anyone read any more.

 

[xd9fan]

yeah....see Second Amendment for further instructions......

 

[ArmedBear]

...another example of why voting for the barking moonbat Democrats (or third parties that help them win) in order to punish the wishy-washy Rebublicans would not be an improvement.

Look at who voted against this.

 

[rbernie]

It doesen't prevent a darn thing!!! All it does is stop the use of federal funds from being used to conficate firearms (legal ones). Gosh! Can't anyone read any more.

But don't you think that this statement is worth seeing in print:

The Fraternal Order of Police endorsed the measure. In a letter to Jindal, National President Chuck Canterbury said law enforcement officials concentrate on search and rescue during major disasters, and breakdowns in communications and transportation can lengthen police response times to calls.

"A law-abiding citizen who possesses a firearm lawfully represents no danger to law enforcement officers or any other first responder," Canterbury wrote.

What harm can come of that? It sets a tone that's unmistakable, even if the actual legislative benefit is minimal.....

 

[ArmedBear]

Well, it will stop any military entity from siezing guns, or any DHS entity. That is a real difference.

But more importantly, it is a strong affirmation, by our representatives, of the value of privately-held firearms for self-defense. This is something that anti-gunners around the world and in the US have been trying to deny.

That is a significant victory, but in a more subtle arena.

 

[Lupinus]

it is a feel good law, nothing more or less.

It prevents the use of federal funds in confiscations which basically does nothing.

 

[1 old 0311]

Bottom line guys..............When the guys who confiscate your guns get their paycheck on Friday it CAN SAY City, State, or County. It CAN'T SAY Federal. Everyone still feel good about this bill?????????

 

[wdlsguy]

When the guys who confiscate your guns get their paycheck on Friday it CAN SAY City, State, or County. It CAN'T SAY Federal.

You solve the federal issue at the federal level and you solve the state / local issue at the state level. The fact that the antis are squealing in pain is a good sign.

 

[ArmedBear]

Exactly.

Some states have already addressed this. Other states wouldn't consider taking the guns anyway.

However, when DHS comes in from somewhere, state law might not protect citizens from confiscation, even in Idaho or Alaska. This does.

Don't underestimate the money factor, either. In a disaster, localities want one thing more than anything else, and that's Federal tax money. Lots of it.

I'm not saying that this is the end-all. It's not. It beats the hell out of the vote going the other way, though!

 

[Lupinus]

now if they made it a federal crime to confiscate a legally owned weapon in the absence of a felony having been commited, you would have something. But simply saying federal funds cant be used to confiscate them does squat.

 

[wdlsguy]

I agree, making it a federal crime would be better.

 

[NukemJim]

Since IANAL I do not know but this part

Police and other law enforcement officials could face a personal lawsuit for picking up guns they later found to be legally owned, he said.

Bold type by NukemJim

sounds interesting.

IF it has teeth legaly and practicly. I have absoulutely no idea.


NukemJim

 

[publius]

Bottom line guys..............When the guys who confiscate your guns get their paycheck on Friday it CAN SAY City, State, or County. It CAN'T SAY Federal. Everyone still feel good about this bill?????????

Good. I live outside the nearest city, my county sheriff is about as likely to confiscate my guns as a member of my family would be, and my state is run by Jeb Bush, who has his faults, but is the best Bush that America has elected to any office.

I don't worry about locals taking my guns after a hurricane (I've experienced two major ones). I worry about folks from somewhere else doing it. You know, like the California National Guard folks we saw taking guns after Katrina in Nawlins. People who have to answer to that Nadler idiot worry me more than people who have to answer to Jeb.

 

[RealGun]

now if they made it a federal crime to confiscate a legally owned weapon in the absence of a felony having been commited, you would have something. But simply saying federal funds cant be used to confiscate them does squat.

They didn't actually claim jurisdiction did they, calling upon the 14th Amendment to defend rights nationwide?

 

[buzz_knox]

This has been discussed all over the place. Please read the bill carefully. It doesen't prevent a darn thing!!! All it does is stop the use of federal funds from being used to conficate firearms (legal ones). Gosh! Can't anyone read any more.

How many of those out of state officers were being paid using federal grants issued under disaster relief? How many worked for FEMA, a federal agency?

I can read fine. I also know how far federal funds extend.

 

[Bartholomew Roberts]

Guys, one important aspect we missed when we discussed the Senate version of this bill is that it prevents any DHS funds from being used to support ANY confiscation of legally owned firearms.

This means that not only does it restrict federal agencies and the military; but that any local agency that takes any kind of grant from DHS (seatbelt enforcement grant? DUI enforcement money? Did you get federal help buying those new vests?) is also prohibited from doing the same thing or they will lose their federal money.

While there may be a few local police departments out there who don't use federal grants, my bet would be that they probably weren't likely to be the ones seizing guns anyway. This law will definitely have a big impact on practically every state police organization and just about every city police department as well.

This legislation has much sharper teeth than it might appear at first glance. My only complaint with it as written is that it affects only the funds for the 2006-2007 year (which is typically how it is done since this is basically a budget bill). We will have to pass it again next session.

 

[pcf]

This has been discussed all over the place. Please read the bill carefully. It doesen't prevent a darn thing!!! All it does is stop the use of federal funds from being used to conficate firearms (legal ones). Gosh! Can't anyone read any more.

Lets read, shall we....

Disaster Recovery Personal Protection Act of 2006 (Engrossed as Agreed to or Passed by House)

109th CONGRESS
2d Session
H. R. 5013

AN ACT

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 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.

(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 one 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) 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), 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 authorize seizure of, any firearm the possession of which is not prohibited under Federal, State, or local 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, State, or local law;

`(3) prohibit possession of any firearm, or promulgate any rule, regulation, or order prohibiting possession of any firearm, in any place or by any person where such possession is not otherwise prohibited by Federal, State, or local law; or

`(4) prohibit the carrying of firearms by any person otherwise authorized to carry firearms under Federal, State, or local law, solely because such person is operating under the direction, control, or supervision of a Federal agency in support of relief from the major disaster or emergency.

`(b) Limitation- Nothing in this section shall be construed to prohibit any person from requiring the temporary surrender of a firearm as a condition for entry into any mode of transportation used for rescue or evacuation during a major disaster or emergency.

`(c) 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 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.'.

Passed the House of Representatives July 25, 2006.

 

[Bartholomew Roberts]

Hmmm, this isn't the same as the Senate bill... the Senate bill specifically limited it to funds appropriated for 2006-2007. The House version appears to be a blanket prohibition on using funds period.