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Prohibition on gun confiscation during emergencies

Posted by David Hardy · 1 October 2006 10:30 AM

NRA reports passage of HR 5013, the “Disaster Recovery Personal Protection Act,” which prohibits gun confiscation during emergencies. I don't have the text of the bill yet, but here's a link to earlier versions of it.

If the bill as passed tracks the earlier language, then it makes another (the fifth?) time that Congress in a preamble to a bill finds the Second Amendment to be an individual right. It bars confiscation, and also registration (beyond that permitted by state law), by any federal officer, or anyone receiving federal funds or under control of a federal agency. Any person affected has a right to sue for damages, and recovery of legal fees is mandatory if they win.

4 Comments

CW | October 2, 2006 8:25 AM

re: "by any federal officer, or anyone receiving federal funds or under control of a federal agency"

How does this apply to state and local agencies?

mike | October 2, 2006 8:57 AM

It doesn't apply to state and local agencies which don't receive federal funds or which aren't under the control of a federal agency.

Jurisdictions that fall outside the federal umbrella are free to suspend the 2nd Amendment and steal all the firearms they wish unless local laws forbidding such misbehavior have been enacted.

King of the Cows | October 2, 2006 9:24 AM

I'd wager that the vast majority of state and local law enforcement agencies get federal money and the ones that don't have their hands out for it.

Beerslurpy | October 2, 2006 1:20 PM

Nearly every local LE agency receives money for the WOD. Either through direct funding for equipment or through their share of forfeitures given back to them by the federal government. It is a huge cash cow.