text: 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.''.
target: Disaster Recovery Personal Protection Act of 2006 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit any U.S. officer or employee, or person operating under color of federal law, under control of a federal official, or providing services to such person, while acting in support of relief from a major disaster or emergency, from: (1) seizing, or authorizing 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) requiring registration of any firearm for which registration is not required by federal or state law; (3) prohibiting possession of any firearm in any place or by any person where such possession is not otherwise prohibited; or (4) prohibiting the carrying of a firearm by any person otherwise authorized to carry firearms, 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.
  
  Authorizes any individual aggrieved by a violation of this Act to seek relief by bringing an action for redress and by bringing a civil action in U.S. district court for return of a confiscated firearm.
feat_title: A bill to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act to prohibit the confiscation of firearms during certain national emergencies.